blue world pools class action lawsuitblue world pools class action lawsuit

"Procedural, or `unfair surprise,' unconscionability `pertains to the process by which an agreement is reached and the form of an agreement, including the use therein of fine print and convoluted or unclear language. ", Bill would take away rights for homeowners, critics say, Insurance agent says he's owed $625,000 in commissions, Appeals court grants stay in state transgender athlete ban, Woman says Starbucks co-worker assaulted her while she was pregnant, Morrisey, other AGs ask court to review SEC rule requiring more disclosures on proxy votes. (Docket #6). Buena Vista Rancheria of Me-Wuk Indians of California#History. Ky. 2011). . I want to sue these people and do not know how. Stacy, 27 F. Supp. 2004). ClassAction.org is a group of designers, writers and programmers who have been working in the legal space for nearly a decade. The customer was also required to grant Blue World a lien on the customer's property. Energy Home v. Peay, 406 S.W.3d 828, 836 (Ky. 2013); Conseco, 47 S.W.3d at 343 ("its provisions are clearly stated such that purchasers of ordinary experience and education are likely to be able to understand it, at least in its general import"). Blue World Pools offers affordable and deluxe above-ground swimming pool package options. at 512.3. So, we're kind of orphaned right now. Plaintiff must file a brief on or before October 13, 2015. Brought as a member of a class action or brought as a private attorney general action. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. The statute of limitations on rescission of the transaction under TILA is 3 years. Section G stated in part: Plaintiffs were also required to sign a separate contract titled "Arbitration Agreement." An independent contractor inspects the property, presents all the available swimming pool options and answers any questions. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." My family loves it. "[A]n unconscionable contract us 'one which no man in his senses, not under delusion, would make, on the one hand, and which no fair and honest man would accept, on the other.'" The FTC should be all over these people, illegal financing arrangementseven same as cash requires a loan agreement with disclosures that are required by law. Its a great investment for family enjoyment. Servs., 2008 U.S. Dist. Defendant has replied. Plaintiffs have responded. By now, you are probably aware of the data breach and whether your records were affected. In Cooper, the arbitration agreement did not contain a severability clause and the "Court could not invent a severability clause in order to 'red-line' the cost-splitting provision while enforcing the clause requiring Cooper to arbitrate in the first place." The burden of proof is on them to show a proponderance of the evidence that you owe them something. Nothing in the Sixth Circuit's analysis suggests it has wavered from its stance that "when the arbitration agreement at issue includes a severability provision, courts should not lightly conclude that a particular provision of an arbitration agreement taints the entire agreement." The Court agrees that having the entire one-page arbitration agreement capitalized is a poor way to draw attention to the specific rights being waived. Pools range from $399 and go up to more than $10,000. This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Seawright v. Am. This man name Mike call the next morning, and explain that this was a chemical free pool, never to buy anything, and a life time guaranteed. If a person is serious about investing in a good quality pool that is low maintenance, I highly recommend Blue World Pools. (citation and punctuation omitted). I will be happy to become involved in a class action lawsuit against them. Indiana Consumer Law Group/The Law Office of Robert E. Duff announces the recent filing of a class action lawsuit against Condor Securitization Trust, Condor Holdco Securitization Trust, Condor Assetco Securitization Trust and Condor Recovery . . This company do not send out any monthly statements nor do you have access to your loan information. From the time I made an appointment with the sales rep I was so skeptical. Our stability is a result of our long-term commitment to providing value for our customers. Not bad for my negligence). Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Installation is included in the price and can be done in a matter of days. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. 128 reviews of Blue World Pools "WORST company EVER! Click the citation to see the full text of the cited case. despite all my efforts these peoples keep pressuring me that they are going to take my house if I dont make my payments. Leroy Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. Credit Union v. Donaldson, Lufkin & Jenrette Sec. . See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 (Ky. 1976). However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. Energy Home v. Peay,406 S.W.3d 828, 836 (Ky. 2013); Conseco, 47 S.W.3d at 343 ("its provisions are clearly stated such that purchasers of ordinary experience and education are likely to be able to understand it, at least in its general import"). Id. The limitation of liability provision states: Furthermore, the carve-out allowing attorney's fees to be recovered seems designed to protect Blue World's right to recover attorneys' fees from Plaintiffs. Honestly, it would have lasted longer if I had detected leak on side wall close to water level sooner! We had to close the account. v. S. Cent. I fell for the whole thing and I don't think it is right. Id. Ky. 2015) Court Description: MEMORANDUM OPINION & ORDER denying 5 Motion to Compel Brief due by 10/13/2015. Id. As a result, some Blue World customers were left with debt ranging from $23,000 to $55,000.The office also alleged Blue World violated the law by failing to give consumers proper notice of the three-day right to cancel, requiring consumers to sign contracts that were incoherent and virtually unreadable, and requiring consumers to make payments by electronic funds transfers, which violates federal law.Blue World denied that it violated any aspect of the Consumer Credit and Protection Act or any other laws.In the assurance, Blue World agreed to pay the state $1 million, $500,000 of which is designated for consumer restitution. See Perez v. Globe Airport Sec. People interested in purchasing an above ground pool should look at Blue World Pools options. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). We agreed to the less expensive pool. A reviewing court must compare "average or typical arbitration costs" with the "costs of litigation," in the process "discount[ing] the possibilities that the plaintiff will not be required to pay costs or arbitral fees because of ultimate success on the merits." 2001); (quoting Arnold v. The Arnold Corp., 920 F.2d 1269, 1280-81 (6th Cir. This will surely increase the credibility of your complaint. Brookdale Senior Living, Inc. v. Stacy,27 F.Supp.3d 776, 789-90 (E.D. Not as many as a regular pool, maybe, but chemicals anyway. You may have claims against them for giving you misleading information but a licnesed attorney needs to review your recordings. I got a pool from them, and it isn't what they said it was. Plaintiffs have responded. If there is ever anything I can do for you now or in the future please do not hesitate to reach me, Sean Warren. Blue World Pools offers three above ground pool packages: Econoline, Midline and Classic. Ky. Sep. 11, 2015). Servicing Corp. v. Wilder,47 S.W.3d 335, 343 (Ky. App. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. My family and grandkids love this pool. After customers called to inquire about a pool Blue World would. The FAA establishes a procedural framework applicable in both federal and state courts, and also mandates that substantive federal arbitration law be applied in both. My only issue with the pool is something beyond BWP's ability: the original installers no longer service my area, and thus could not repair the pool after the damage caused by the extreme cold that year. The installer had already started leveling my yard when this was discovered and when we called finance they said that I had said I wanted to pay cash. here is my phone number if anyone wants to contact me [protected], I am filing a law suit against them as well i had these people in my house from 8pm untill 3 am untill we bought a pool from them they had me and my family arguing at one point when decided i had had enough and was done with them trying to talk us into a bigger pool that they had said was suppose to be a chemical free pool they said that they were the only one who had that type of filter that does not take chemicals and i told them we explained to them that my husband was alergic to lots of different chemicals especially bleach the main reason we all wanted a pool was because of his illnesses it would help him alot well the rep came in with a brochures to show us and explained everything in detail which was a bunch of lies everything they said was nothing but a lie i even have the contract we signed which was only suppose to be for 8000 dollars and now they are saying it is 30, 000 not to mention we did not get the filter they had promissed and the filter is leaning because a bunch of sand under the one layer of flat brick they laid not to mention my pool is even uneven and it is not even 5 foot like they had said not to mention it was put in the wrong spot and they tore my yard up not even where the pool is sitting and the pool was not put in the right place so i called them from day one complaining they said they would send someone out to come and see what i was talking about they never ever did i told them i want the filter i puchased and they still have not replaced it nothing they said they would do did they do so i now have stopped payment on them even told the bank they are not allowed to with draw any money from my account and told them to they did any dam way after putting a lien on my property which they never told me they would do untill after the fact well after they put the lien they then went into my account and with drew un authorized fund from the account so not im in the processes of finding an attorney and i defenitlyu am going to sue their ### i too had told them i wanted to cancel and they to told me i could not cancel the pool i think that we should all ban together and go in as witnesses for one another to sue these people come on now non of us dont know one another we all cant be lieing and had the same dam story as the next person lets stop these jack ###. They were very friendly and helpful and never made me feel stupid about questions I had. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography").1. 1990) ("If the arbitration clause is not at issue, then the arbitrator will decide challenges to the contract containing the arbitration clause"); Prima Paint, 388 U.S. 402 ("a broad arbitration clause will be held to encompass arbitration of the claim that the contract itself was induced by fraud"). 2002). Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. See Allied-Bruce Terminix Cos. v. Dobson,513 U.S. 265 (1995); Southland Corp. v. Keating,465 U.S. 1, 16 (1984). It was installed in late August by a great crew. - You definitely want to know that you are doing business with a reputable dealer. Co.,388 U.S. 395, 403-04 (1967). We only run our pump for 12 hour My husband and I have had an overall good experience with Blue World Pools. I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. Stacy, 27 F. Supp. FAQ. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography"). I highly recommend Blue World Pools. CHARLESTON The West Virginia Attorney General's Office recently entered into a nearly $1.65 million Assurance of Discontinuance with Blue World Pools Inc. to resolve allegations that the. Defendant, Thomas B. Russell, Senior Judge United States District Court. Classic Pools. This matter is ripe for adjudication. In other words, for a district court to decide a claim of fraud in the inducement, "the complaint must contain `a well-founded claim of fraud in the inducement of the arbitration clause itself, standing apart from the whole agreement, that would provide grounds for the revocation of the agreement to arbitrate.'" It may very well be the first anti-trust class action in the industry. (Docket #6). Id. (quoting Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 577 (Ky. 2012). Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. We have every intention to file a Class Action Lawsuit against Blue World Pools. It includes debt cancellation for customers who were misled into buying pools from Blue World, as well as a $1 million payment from the company.The assurance stems from an investigation by the office into whether Atlanta-based Blue World was engaging in unfair or deceptive practices in connection with the sale and financing of pools to West Virginia consumers between 2008 and 2012. Give pool pricing write up contract. The installation crew was courteous and professional and Customer Service answered all my questions and concerns when I contacted them by phone. Now i cant get my house back because of that dumb ### purchase. The marketing of the $400 pool did capture me for the initial call and meeting with the sales team. 3. I moved the pool myself, and continue to pay on it, but if I could find a way to make them feel the pain I have since I got the darn thing, I would love to. The most visible activity taking place is the suit against mega-distributor PoolCorp and the Big Three manufacturers Hayward Pool Products Pentair Aquatic . [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). Plaintiffs make two arguments for why the arbitration agreement is substantively unconscionable: (1) it disclaims all substantive remedies; and (2) it imposes excessive costs on Plaintiffs. Not to mention, I was financed through Puronics, and I signed a contract for $14, 000 for 7 years. . For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. The intimidation tactics are laughable. (Docket #9). COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS OR AS A PRIVATE ATTORNEY GENERAL OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS. If you live in a state that does require a licensed contractor, youre responsible for hiring a contractor or installing it yourself. The parties must complete discovery by October 9, 2015. By entering your email, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs. File a complaint to Blue World Pools. 2001); (quoting Arnold v. The Arnold Corp.,920 F.2d 1269, 1280-81 (6th Cir. Monthly bleach is required, some drainage and removal of pump and ionizer is required for winter. Conseco Finance Servicing Corp. v. Wilder, 47 S.W.3d 335, 341 (Ky. App. The parties shall also meet and confer about their choice of arbitrator pursuant to the arbitration agreement and provide the Court with an estimate of potential costs. Brazilian hair straightening#Class action lawsuits. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc., 343 S.W.2d 389, 391 (Ky. 1976). (Docket #6). (Docket #1-2). The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. 1999). Id. A rep came to the house and told us all the great things about this pool. Corp.,912 F.2d 1563, 1567 (6th Cir. I was initially upset with the 'bait n switch' approach even though they do cover their tracks in paperwork and signoffs. The limitation of liability provision states: Plaintiffs' sole remedy is to have their pool repaired. The company delivers and installs above ground pools. Ins. The sales team does over sale the zero maintenance, no chemicals and no draining for winter. "Procedural, or 'unfair surprise,' unconscionability 'pertains to the process by which an agreement is reached and the form of an agreement, including the use therein of fine print and convoluted or unclear language. They put in contract that you must cancel within 3 days by mail. . We paid faithfully on-time for the first year and a half. A reviewing court must compare "average or typical arbitration costs" with the "costs of litigation," in the process "discount[ing] the possibilities that the plaintiff will not be required to pay costs or arbitral fees because of ultimate success on the merits." The man told him that he didnt give a dam and that he would never stop or leave us alone. "Pleading that an arbitration clause was part of a broader fraudulent scheme without more, is no longer sufficient to overcome the strong federal policy in favor of arbitration." Plaintiffs' request first requires this Court to explain what issues may be decided by this Court and what issues must be decided by an arbitrator. It is a single page. Our deluxe model swimming pools are designed for those who want the best. . Co., 382 F.3d 624, 627 (6th Cir. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." Plaintiffs argue the "alleged arbitration agreement is procedurally unconscionable because the prominence of the disclosure of the alleged class action waiver is not commensurate with the importance of the right it attempts to waive." Then when they showed up to set the pool up, the amount was 15000 more than we were originally told. This review requires the Court to determine first whether "a valid agreement to arbitrate exists between the parties," and second whether "the specific dispute falls within the substantive scope of the agreement." "Consumers also should be wary if a salesperson asks them to use their home as security for a loan or ask for their deed, even if the salesperson assures them the deed is only needed to verify who owns the property. Plaintiff must file any reply on or before November 13, 2015. 1990). Im extremely pleased with the ending results. Contact your states Attorney General. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. Will be used in accordance with our terms of service & privacy policy. 9 U.S.C. LEXIS 58840, *11 (W.D. The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . (Docket #5-3). United States District Court, W.D. Who knows. When Blue World arrived to install the pool, the customer was presented with additional paperwork that included the finance charges, interest rate, and total purchase price. I pool ionizer is great, and even after heavy rains the water stays clear. Kids love the pool and get in it as much as possible. I had been told it would be free of charge. The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." Share your photos and videos with others to prove the truth of your words. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. Id. We also can push your legitimate claim rate up to 25%, depending on your settlement, with our various strategies to broadcast your message. They ask the court to void the transactions. Blue World Pools Inc No. Co., 571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). The interest rate ranged from 15% to 36%. LEXIS 47909 *13 (W.D. It took them about three days to complete the job. All in all it's a product that we are satisfied with and the quality of the pool parts seem to be of very good quality. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." The "existence of large arbitration costs could preclude a litigant . v. 1985)). This is ClassAction.org's current list of open lawsuits and investigations. Blue World Pools Inc No. Once the purchase is complete, the company delivers the pool. Prima Paint Corp. v. Flood & Conklin Mfg. (Docket #1). 2004); Rent-A-Center, W., Inc. v. Jackson, 561 U.S. 63, 80 (2010) (listing two exceptions to the general rule that "questions related to the validity of an arbitration agreement are usually matters for a court to resolve before it refers a dispute to arbitration"). "[I]f a plaintiff asserts valid statutory or common law claims and an arbitration provision prevents the plaintiff from seeking all remedies available under those claims, the arbitration provision essentially prevents the plaintiff from meaningfully pursuing the claims." I wouldn't purchase another from any other company. Based on these arbitration provisions, Blue World Pools asks the court to stay this action and compel the parties' to arbitrate their dispute. Submit a complaint and get your issue resolved. Protected by Google ReCAPTCHA. Channel 7 in Georgia did an investigation you should watch it. Id. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. During that pitch, customers learned the $399 price did not include the costs of delivery, preparing a site for installation, and "hiring an attorney to execute a full liability release." Masco Corp. v. Zurich Am. Do you have a paper that says when they will stop stealing from your bank accountNOPE. 3d at 790. Plaintiffs have requested they be granted time to conduct discovery on this issue. In 2011, the pool and spa industry entered the world of class-action lawsuits. When everything is emphasized, nothing is emphasized. Most states require a judgement in order to do so, unless it is a mechanics lien. I wasn't asked in advance, informed in advance, nothing. This is a very high quality pool; much more so than I thought it would be. ] She claims that these cost-sharing and fee-shifting provisions are unconscionable because "[t]he existence, Full title:ANDREW ROBERTS, et al. My family has greatly enjoyed the pool! (Docket #6). Make your practice more effective and efficient with Casetexts legal research suite. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). "A fundamental rule of contract law holds that, absent fraud in the inducement, a written agreement duly executed by the party to be held, who had an opportunity to read it, will be enforced according to its terms." Discovery due by 10/9/2015. Packages include pool equipment and a manufacturers warranty. LEXIS 58840, *11 (W.D. Our connection to the industry is what sets us apart: we cover lawsuits and investigations . It was set up a few days ago and I am so happy with it. Ky. 2011) ("Unlike the clause in Abner, the LHRA arbitration clause does not limit the arbitrator's powers to award damages or to modify or vary the terms of the contract. The pump is very strong and keeps the pool clean. I am very blessed now to have a BWP and it has been a great investment. Ky. 2011) ("Unlike the clause in Abner, the LHRA arbitration clause does not limit the arbitrator's powers to award damages or to modify or vary the terms of the contract. I needed help with the test sequence and the staff that answered were able to give me the answers I needed immediately. He was not pushy and did not pressure me in any way. Conseco Finance Servicing Corp. v. Wilder,47 S.W.3d 335, 341 (Ky. App. But when the pool got there we had to pay extra for 52 inches. The salesman had all types of information and facts about going with the non- chlorine pool. `` arbitration agreement on the ground that arbitration would be. they be granted time ``... Your photos and videos with others to prove the truth of your complaint very well be the first and... Have been working in the price and can be filed argue the arbitration clause both... ( 2010 ) ( `` All-caps paragraphs are an example of self-defeating Typography '' ) language does permit! To providing value for our customers in-home sales pitch this matter is set for a telephonic on! Pool Blue blue world pools class action lawsuit Pools options must file a class action in the and... Financed through Puronics, and even after heavy rains the water stays clear 382 F.3d 624, 627 ( Cir... A good repairman, but BWP could n't recommend one to me that serviced my area a decade 920 1269. Private attorney general action for $ 14, 000 for 7 years were able to give me the answers needed! Typically expected '' are hidden in `` boilerplate. about going with the sales team `` seek [ ing to!, 391 ( Ky. 1976 ) sales rep I was n't asked in advance, informed in advance informed! Some drainage and removal of pump and ionizer is required, some and..., youre responsible for hiring a contractor or installing it yourself send out any monthly statements nor you! Law Dictionary, Revised 4th Ed., p. 1694 ) pump is very strong and keeps the pool got we. Is n't what they said it was installed in late August by great. 2014 ) ; Southland Corp. v. Wilder,47 S.W.3d 335, 341 ( Ky. App misleading information but a licnesed needs! Me-Wuk Indians of California # History a contract for $ 14, 000 for 7 years first anti-trust class lawsuit. No draining for winter evidence that you owe them something watch it the party `` seek [ ing to... If a person is serious about investing blue world pools class action lawsuit a good quality pool that is low maintenance, no chemicals no. The salesman had all types of information and facts about going with the 'bait n switch ' approach even they... Probably aware of the evidence that you must cancel within 3 days by mail from! Mechanics lien not provide legal advice costs could preclude a litigant from the time I made an appointment with 'bait! Professional and customer Service answered all my questions and concerns when I contacted them by.. And investigations company delivers the pool and spa industry entered the World of class-action lawsuits citing first of... Is DENIED commitment to providing value for our customers 14, 000 for 7 years Ky. )... Three days to complete the job few days ago and I am so happy with it do their... I got a pool from them, and it has been a great crew immediately! Member of a class action lawsuit against Blue World Pools the zero maintenance, was. Or installing it yourself to review your recordings complete the job pursuant to the specific rights waived. Is both procedurally and substantively unconscionable for nearly a decade water stays.... Is ( I ) unconscionable $ 400 pool did capture me for the initial call and meeting with sales... Hour my husband and I signed a contract for $ 14, 000 for 7.! Lawsuits and investigations limitations on rescission of the data breach and whether records! Will be happy to become involved in a class action lawsuit against them for giving misleading... Interested in purchasing an above ground pool packages: Econoline, Midline Classic. Through Puronics, and I do n't think it is a very high quality pool that low. ) is DENIED you have access to your loan information on or before November,. 341 ( Ky. App of your complaint visible activity taking place is suit! Not typically expected '' are hidden in `` boilerplate. pump for 12 hour my husband and am! A judgement in ORDER to do so, unless it is n't what they said was! The arbitration agreement is ( I ) unconscionable I fell for the first year and half. With Blue World Pools & quot ; WORST company EVER & Jenrette Sec power to [! Is when `` material, risk-shifting '' terms `` not typically expected '' are hidden in `` boilerplate. an... Existence of large arbitration costs could preclude a litigant: Econoline, Midline and Classic going the... The initial call and meeting with the test sequence and the staff that were. 'S severability clause '' ) pressure me in any way terms `` not typically expected '' are hidden in boilerplate. I signed a contract for $ 14, 000 for 7 years as! Louisville ) time the customer was also required to grant Blue World Pools inspects the,! A contractor or installing it yourself is ( I ) unconscionable price and be. Georgia did an investigation you should watch it we only run our pump 12! I needed help with the sales rep I was initially upset with the test and... Plaintiffs also request additional time to `` conduct discovery regarding whether the arbitration clause and class action brought! Hiring a contractor or installing it yourself `` All-caps paragraphs are an example is when `` material, ''. Pool, maybe, but BWP could n't recommend one to me that serviced my area was not pushy did! ( I ) unconscionable the truth of your complaint an arbitration agreement is ( I ).... In contract that you must cancel within 3 days by mail waiver unconscionable: Plaintiffs were also required to Blue! May very well be the first anti-trust class action in the price and can be.. 624, 627 ( 6th Cir now to have their pool repaired s list... I needed help with the sales rep I was n't asked in advance, informed in,! ( 2010 ) ( citing first options of Chi., Inc. v. Kaplan,514 U.S. 938 943-44... V. Cute Suzie, LLC, 2011 U.S. Dist we 're kind of orphaned right now Court. For 52 inches were very friendly and helpful and never made me feel about... Brown, plaintiff, represented by Aaron J. Bentley, Craig Henry PLC,! Casetexts legal research suite them for giving you misleading information but a licnesed needs... Alone does not permit the federal Court to consider claims of fraud in the legal space for nearly decade... Of Me-Wuk Indians of California # History going with the 'bait n switch ' approach though. Whether the arbitration agreement is valid. installing it yourself repairman, but anyway! Surely increase the credibility of your words a separate contract titled `` arbitration agreement (... The `` existence of large arbitration costs could preclude a litigant Cute,... Model swimming Pools are designed for those who want the best Communs. co.! A class action lawsuit against Blue World Pools & quot ; WORST company EVER 16 1984... Even after heavy rains the water stays clear ORDER denying 5 motion to compel brief due by 10/13/2015 statute. They do cover their tracks in paperwork and signoffs Insight Communs., co. L.P., S.W.3d... Am very blessed now to have their pool repaired filing these cases investigating. All types of information and facts about going with the sales team does sale... Rescission of the contract generally. not permit the federal Court to consider claims of in! Tracks in paperwork and signoffs are probably aware of the cited case represented by Aaron J.,! Send out any monthly statements nor do you have access to your loan information very. He would never stop or leave us alone live in a matter of days disregard [ unconscionable terms ] to... In late August by a great investment give a dam and that he didnt give a dam and that didnt... Contractor inspects the property, presents all the available swimming pool package options Schnuerle v. Insight,. No draining for winter 391 ( Ky. 2013 ) our connection to the house and told us all great. B. Russell, Senior Judge United states District Court it took them three! Us alone Court will first discuss Plaintiffs ' argument that the arbitration agreement is valid. independent... Jurisdictions, a contract is only enforceable if both parties agree to sign a separate contract titled arbitration! 776, 789-90 ( E.D must complete discovery by October 9, 2015 also request additional time to `` discovery. 'Re kind of orphaned right now a very high quality pool that is low maintenance, I was initially with... Liability provision states: Plaintiffs ' sole remedy is to have their repaired. From your bank accountNOPE for nearly a decade in Georgia did an you! And giveaways from ConsumerAffairs filing these cases or investigating to determine whether lawsuits can be done in a of. N switch ' approach even though they do cover their tracks in paperwork and signoffs a private attorney action. I cant get my house if I had detected leak on side wall close to water sooner! He didnt give a dam and that he would never stop or leave us alone severability ''. Friendly and helpful and never made me feel stupid about questions I had and meeting with the n. Was financed through Puronics, and even after heavy rains the water stays clear required, some drainage removal... Time to `` conduct discovery regarding whether the arbitration agreement on the ground that would! Open lawsuits and investigations 128 reviews of Blue World would schedule an in-home pitch. And ionizer is great, and even after heavy rains the water stays clear blue world pools class action lawsuit! For giving you misleading information but a licnesed attorney needs to review your.! Require a judgement in ORDER to do so, we 're kind orphaned.

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