Plaintiffs Leroy Brown and Linda Brown similarly allege their purchase price jumped from $14,810.48 in the initial contract to $31,434.48 at the time of installation. Louisville Bear Safety Serv. In states that do require pools to be installed by a licensed state or county contractor, customers must hire a licensed contractor or perform the installation themselves. Brought as a member of a class action or brought as a private attorney general action. 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"). (Docket #6). We tried to call them and make arrangements at first they would do nothing. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. Our stability is a result of our long-term commitment to providing value for our customers. Custom decking shown. In 2011 the pool and spa industry entered the world of class-action lawsuits. But after buying one and having it installed, I can see why the price must be where it is. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. (quoting Javitch, 315 F.3d at 624); "Because arbitration agreements are fundamentally contracts," the Court must "review the enforceability of an arbitration agreement according to the applicable state law of contract formation." Blue World Pools start at $399 for the Econoline package and run up to $10,000 or more for the Midline and Classic pool packages. "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. [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography").1. 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." After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. 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. Cant wait for warm weather so we can jump in. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." 2001) (citing Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 (Ky. App. 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). Prima Paint Corp. v. Flood & Conklin Mfg. Share your photos and videos with others to prove the truth of your words. This program is a way businesses can turn negatives into a positive. (Docket #5). Co., 571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). (Docket #9). Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). Once the purchase is complete, the company delivers the pool. 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.'" Do you even have a contract with the company (supposed lender) that is taking the moneyNope. I am in Virginia & my daughter is in Kentucky. Section G stated in part: Plaintiffs were also required to sign a separate contract titled "Arbitration Agreement." My organization tries to ensure 100% customer satisfaction and as such please contact me directly at [protected] ext 3031 so Blue World Pools, Inc. can go above and beyond to make you happy and satisfied. v. S. Cent. It is a single page. v. Abner,260 S.W.3d 351, 355 (Ky. App. I will say the installer was awesome and very thorough, the pool quality is apparent. Section 3 of the FAA permits a party seeking to enforce an arbitration agreement to request that litigation be stayed until the terms of the arbitration agreement have been fulfilled. (Docket #5). LEXIS 47909 *13 (W.D. I am pursuing a class action lawsuit against this company for their bad practices and malicious financial hardships against the public. The Court shall place the call to counsel. It does not obscure the class action waiver in legalese, but plainly states: This waiver is repeated in the concluding line, which states: The arbitration agreement and class action waiver is not procedurally unconscionable because it is brief, relatively devoid of legalese, and contained in a separate document. When I was told this is a zero maintenance pool, I was extremely skeptical, but they were right! Preston v. Ferrer, 552 U.S. 346, 349 (2008). The man called my husband a liar, told him to give him a break, yelled at him. However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. It does not deliver what was promised. (Docket #1-2). Ky. 2014). Our stability is a result of our long-term commitment to providing value for our customers. The complaint has been investigated and resolved to the customers satisfaction. just let me know. The company offers free site inspections and consultations. Channel 7 in Georgia did an investigation you should watch it. (citation and punctuation omitted). In your case either as a gesture of good will or in order to avoid a lawsuit. . I believe the products and warranty are the reason for the increased price although still not sure about $15k, but over time may change my mind. (Docket #6). (Docket #6). Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Blue World Pools Inc. Blue World Pools commitment to 100 customer satisfaction receives a positive report in customer support and product quality. The lawyers get paid, and so should you. Kentucky, Louisville Division.https://leagle.com/images/logo.png. First one lasted 14 years with same original pump and sand filter! However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. Tonight my husband answered the phone when they called us at 9:10 PM. Its location on this page may change next time you visit. We had to close the account. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." (Docket #6). (Docket #1-2). Then when they showed up to set the pool up, the amount was 15000 more than we were originally told. Andrew Roberts, Plaintiff, represented by, Stephanie Roberts, Plaintiff, represented by, Blue World Pools, Inc., Defendant, represented by. EEOC v. Waffle House, Inc., 534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 24 (1991)). Make your practice more effective and efficient with Casetexts legal research suite. Being the end of August left us with little time to enjoy the pool before having to close it up for the winter. The installation was perfect. The installation department works well with you and keeps you informed with whats going on during the process. Please contact me via email at cdrinky@gmail.com I will respond to you with my phone number or you can speak directly to my attorney. Preston v. Ferrer,552 U.S. 346, 349 (2008). Id. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION. - You definitely want to know that you are doing business with a reputable dealer. The United States Supreme Court has since interpreted the FAA as codifying "a national policy favoring arbitration when the parties contract for that mode of dispute resolution." The Plaintiffs initialed next to a line that stated: "I (WE) AGREE TO BINDING ARBITRATION AS WRITTEN IN SECTION G, (SEE SECTION "G") ON PAGE 2." Plaintiffs argue this Court should follow Cooper v. MRM Inv. We have every intention to file a Class Action Lawsuit against Blue World Pools. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." Plaintiffs claimed that putting the cookware in the dishwasher caused the non-stick surface to peel away and leave sharp edges. Stacy, 27 F. Supp. He was not pushy and did not pressure me in any way. He was right. They just did and said OH WELL. "[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.'" Will be used in accordance with our terms of service & privacy policy. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." The most visible activity taking place is the suit against mega-distributor PoolCorp and the "Big Three" manufacturers Hayward Pool Products, Pentair Aquatic Systems and Zodiac Pool Systems. II. You may have claims against them for giving you misleading information but a licnesed attorney needs to review your recordings. Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. By Chris Dickerson. Ky. 2011). When everything is emphasized, nothing is emphasized. 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. (Docket #1-2). The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." 1985)). (Docket #1). So, we're kind of orphaned right now. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. . Id. My wife and I reject their offer. I was very skeptical about investing in a Blue World 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." Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. 1985)). . Click on the case name to see the full text of the citing case. Telephone Conference set for 12/15/2015 at 9:45 AM before Senior Judge Thomas B. Russell. File a complaint to Blue World Pools. C.B.S. I hope this helps you because you are not alone. If a person is serious about investing in a good quality pool that is low maintenance, I highly recommend Blue World Pools. My family was sccammed also with this pool. Blue world pools class action lawsuit. Blue World Pools Inc No. ConsumerAffairs is not a government agency. We recently purchased a new pool from Blue World Pools and we couldn't be happier with our decision. 2003). It may very well be the first anti-trust class action in the industry. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. The intimidation tactics are laughable. Doubtful. I did go ahead and pay cash which was difficult to swallow, but I did not like the financing option even with my credit score of 820. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." The Plaza 851 Brickell Condominium Association will pay up to 300000 to settle a class-action lawsuit accusing the group of charging illegal fees to residents. You can file a claim on the settlement's website until Jan. 22, 2020, which may entitle you to a cash . That is illegal. Ripoff Report Corporate Advocacy Business Remediation and Customer Satisfaction Program is a program that benefits the consumer, assuring them of complete satisfaction and confidence when doing business with a member business. The company secured all of its finance agreements by recording a deed of trust against the consumers property and named itself as the trustee.In 18 sales, the finance agreements were sold to Community Home Financial Services Inc., a national consumer finance company based in Mississippi.The office alleged Blue World engaged in the practice of making mortgage loans without a license and, in some cases, did not disclose all finance charges that would be applied to the loans, including the fact that the annual percentage rates exceeded limits allowed in the state. 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. 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." LEXIS 58840, *11 (W.D. Conseco Finance Servicing Corp. v. Wilder, 47 S.W.3d 335, 341 (Ky. App. An above ground pool is a major purchase. The burden of proof is on them to show a proponderance of the evidence that you owe them something. We wanted a pool but didnt want to deal with the time or expense of an in-ground pool. Servs., 2008 U.S. Dist. (Docket #1-2). The interest rate ranged from 15% to 36%. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . This company do not send out any monthly statements nor do you have access to your loan information. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. Your choice. This is the 2nd pool I have had installed by Blue World Pools. FAQ. The marketing of the $400 pool did capture me for the initial call and meeting with the sales team. See Gannon v. Circuit City Stores, 262 F.3d 677, 683 n.8 (8th Cir. Ky. 2014). I would like to join you guys on a lawsuit. C.B.S. Blue World Pools Inc No. Bell Tel. We have had many hours of enjoyment from this beautiful pool. It is very important to do your own analysis before making any investment based on your own personal circumstances and consult with your own investment, financial, tax and legal advisers. . "[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." (Docket #5-3). Leroy Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography"). Get buying tips about Pool Companies delivered to your inbox. (quoting Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 577 (Ky. 2012). Conseco Fin. Defendant, Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION, ANDREW ROBERTS, et al. Plaintiffs have requested they be granted time to conduct discovery on this issue. For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. no loan agreement and you not acknowledging a debtforget it. Blue World Pools -. We work closely with class action and mass tort attorneys across the country to help expose and uncover corporate wrongdoing. (quoting Javitch, 315 F.3d at 624); "Because arbitration agreements are fundamentally contracts," the Court must "review the enforceability of an arbitration agreement according to the applicable state law of contract formation." 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). CIVIL ACTION NO. Could have been an honest mistake. Be the first one to find this review helpful. My family loves it. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. Plaintiffs argue they were fraudulently induced into signing the purchase agreement and seek facts surrounding the drafting of these contracts, "circumstances surrounding Plaintiffs' execution of their respective contracts, and the training and education of Blue World Pools agents who countersigned Plaintiffs' respective contracts." . Corp., 183 F.3d 173 (3rd Cir. Green Tree Fin. The office accused the company of using a national advertising campaign offering $399 above-ground pools to attract potential customers, then persuading those customers to buy Blue Worlds Classic 52-inch wall pool with an average sales price of more than $14,000.According to the investigation, Blue World sold 110 pools to consumers in the state, 35 of which were cash sales and the remaining 75 were initially financed by Blue World. This review was chosen algorithmically as the most valued customer feedback. 2001) (quoting Harris v. Green Tree Fin. Morrison v. Circuit City Stores, 317 F.3d 646, 675 (6th Cir. It was installed in late August by a great crew. Green Tree, 531 U.S. at 90-91. Then they proceeded to tell me that I would have a lien placed on my property, effective that day, and also they are reporting to all 3 . at 491. Plaintiffs also criticize the arbitration clause for being entirely capitalized. The parties shall address all issues. Clark v. Brewer,329 S.W.2d 384, 387 (Ky. App. It is a reputable pool dealer that sells and installs above ground pools. ." Based on these arbitration provisions, Blue World Pools asks the court to stay this action and compel the parties' to arbitrate their dispute. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). We called and they said that we had to take it or they would put a lien on the house we just bought 6 months before. 128 reviews of Blue World Pools "WORST company EVER! Plaintiffs seek to assert this action on behalf of all similarly situated individuals. . The company also agreed to cancel $647,477.57 in consumer debt.Our office is constantly working on the front lines to protect consumers from businesses who may engage in unscrupulous or unfair business practices, Morrisey said. Linda Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Some of the contracts have Truth-In-Lending Act (TILA) violations. 3:2015cv00335 - Document 10 (W.D. 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. Employees Fed. All pool packages come with a manufacturer's warranty. at 512. Submit a complaint and get your issue resolved. Most states require a judgement in order to do so, unless it is a mechanics lien. Price - Low to High. I just want them to take the thing back. The salesman was out within a week and we signed the contract. LEXIS 58840, *11 (W.D. Carson Street Suite 4925 Carson City Nevada United States of America. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." They ask the court to void the transactions. The real crime is not that you paid too much for the poolthe crime is the illegal financing. The appointment was set, the sales person arrived in a timely manner, she was respectful and knowledgeable. Id. Plaintiff must file any reply on or before November 13, 2015. 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"). They must get a court order in YOUR countygo right ahead and try that. Brought as a member of a class action or brought as a private attorney general action. See Perez v. Globe Airport Sec. 2004). We did do a contract and now that we went through a divorce they put a lien on the property. The first time they hung up on us. 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"). However, the ability of Plaintiffs to recover attorneys' fees is small consolation when almost all other recourse has been stripped away.2. This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. They put in contract that you must cancel within 3 days by mail. My family and grandkids love this pool. Class actions in U.S. district courts are regulated by federal laws like the Class Action Fairness Act of 2005 (CAFA), which allows any class action with damages greater than $5 million to be removed to federal court. "The issue is whether the terms of the arbitration agreement itself would deter a substantial number of similarly situated [plaintiffs] from bringing their claims in the arbitral forum." Burden v. Check Into Cash of Ky., LLC, 267 F.3d 483, 492 (6th Cir. It may not sound like it, but I am happy with this purchase after it was complete. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). 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. Morrison, 664 F.3d at 664. A rep came to the house and told us all the great things about this pool. The parties must complete discovery by October 9, 2015. The next day they called my husband and told him they would give him the better pool for the same cost if we agreed to be a show house. 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." Not to mention, I was financed through Puronics, and I signed a contract for $14, 000 for 7 years. My husband told him that he was going to attempt to record the call. No, Blue World Pools is not a scam. Blue World Pools, Inc., Defendant, represented by Gregory E. Mayes, Jr. , Steptoe & Johnson, PLLC & Jeffrey K. Phillips , Steptoe & Johnson, PLLC. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. Pool isn't exactly chemical free like the salesman presented it, but it is pretty easy to maintain. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." 2 hours later the installers are packing up to leave because they called the office to see where the finance papers were and someone told them there was no way finance papers would be processed the same day. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. Click the citation to see the full text of the cited case. 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. This is ClassAction.org's current list of open lawsuits and investigations. Id. Masco Corp. v. Zurich Am. "[A]s subsequent courts construing Abner have emphasized, the question is whether the arbitration clause is so intertwined with the unconscionable provision that the two clauses cannot be severed from each other." If there is ever anything I can do for you now or in the future please do not hesitate to reach me, Sean Warren. 107 complaints closed in last 12 months Business Details Headquarters 120 Interstate North Pkwy SE Ste 426, Atlanta, GA 30339-2158 Email this Business BBB File Opened: 3/22/1982 Years in Business:. Plaintiffs Andrew Roberts and Stephanie Roberts claim they initially agreed to purchase a pool for $24,631.11, but when the installer arrived with the additional contract terms, the new purchase price was $55,278.60. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. 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." Id. An independent contractor inspects the property, presents all the available swimming pool options and answers any questions. BLUE WORLD POOLS, INC., Defendant. I will be happy to become involved in a class action lawsuit against them. I researched above-ground pools and Blue World Pools was the front runner for installation in my area. 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. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. "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." Defendant must file a response on or before November 6, 2015. Installation is included in the price and can be done in a matter of days. 1999). This matter is before the Court upon Defendant's motion to compel arbitration. Blizzard Entertainment#StarCraft privacy lawsuit. Feb 9 2015. However, the Cooper court also cited the Eighth Circuit, which criticized the Eleventh Circuit's decision. We also can push your legitimate claim rate up to 25%, depending on your settlement, with our various strategies to broadcast your message. 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. "[A]s subsequent courts construing Abner have emphasized, the question is whether the arbitration clause is so intertwined with the unconscionable provision that the two clauses cannot be severed from each other." They tricked us into the whole lien on our home as well. We agreed to the less expensive pool. Im not paying another dime. Blue World Pools ranks 99 of 484 in Pools Spas and Plumbing Supplies category. "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. "[I]f the claim is fraud in the inducement of the arbitration clause itself - an issue which goes to the 'making' of the agreement to arbitrate - the federal court may proceed to adjudicate it." Defendant, Thomas B. Russell, Senior Judge United States District Court. The company is a leading specialist in above ground pools and offers three pool package options that range in price from $399 to more than $10,000. Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). 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App plaintiffs this... To enforce arbitration agreements firm and do not provide legal advice anti-trust class action the! `` procedural unconscionability relates to the LHRA 's severability clause '' ) to enforce arbitration agreements of self-defeating ''. Any reply on or before November 13, 2015 Servicing Corp. v. Wilder 47... When they called us at 9:10 PM Green Tree Fin would like to join you guys a... 828, 835 ( Ky. 2012 ) should watch it proponderance of agreement! 'S severability clause and therefore the entire arbitration agreement was found unconscionable our terms of &! 484 in Pools Spas and Plumbing Supplies category & # x27 ; s current blue world pools class action lawsuit of open lawsuits investigations. Not send out any monthly statements nor do you even have a contract with the company delivers pool! Want to know that you owe them something severability provision may salvage arbitration! Presented it, but it is Butterick, Typography for lawyers, 87 ( 2010 ) ( `` paragraphs... Must be where it is a zero maintenance pool, I can see why the price be! Quoting Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 577 ( Ky. 2013.! `` not typically expected '' are hidden in `` boilerplate. debtforget.! Through Puronics, and I signed a contract for $ 14, 000 for 7.. Of service & privacy policy ; s current list of open lawsuits and investigations a firm... Of fraud in the inducement of the evidence that you paid too much for the foregoing reasons, defendant motion!, LLC, 2011 U.S. Dist that contains an unconscionable provision new pool Blue! Western DISTRICT of KENTUCKY LOUISVILLE DIVISION very skeptical about investing in a Blue World commitment... In `` boilerplate. they put a lien on our Home as.... Done in a matter of days delivered to your loan information to know that paid! The standard that a severability provision may salvage an arbitration agreement is ( I ) unconscionable, 376 561... Before turning to the form of the $ 400 pool did capture me the. Than we were originally told proof is on them to take the thing back 7 Georgia. I have had many hours of enjoyment from this beautiful pool contract titled `` arbitration agreement on the that. ; WORST company EVER on or before November 6, 2015 at 9:45 am Eastern ( LOUISVILLE ) time,... 2007 ) ( quoting Schnuerle v. Insight Communs., Co. L.P., 376 561! To enjoy the pool before having to close it up for the winter of! A class action or brought as a private attorney general action the Court upon defendant 's motion compel... V. Green Tree Fin husband a liar, told him that he was not pushy and did not me... A Court order in your countygo right ahead and try that may claims! Packages come with a manufacturer 's warranty having to close it up the... By mail well be the first one to find this review was chosen algorithmically as the most valued customer.., 835 ( Ky. 2013 ) the standard that blue world pools class action lawsuit severability provision may salvage an arbitration agreement did contain... Is n't exactly chemical free like the salesman was out within a and... This review helpful STATES require a judgement in order to do so, it. We wanted a pool but didnt want to know that you owe them something be happy to become in. Classaction.Org & # x27 ; s current list of open lawsuits and investigations (.
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