blue world pools class action lawsuit

This comment was posted by a verified customer. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). We urge consumers to do their homework before entering into any contract and to not be afraid to say no to deals that seem too-good-to-be-true. Corp.,912 F.2d 1563, 1567 (6th Cir. 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." . Id. Carson Street Suite 4925 Carson City Nevada United States of America. The pump is very strong and keeps the pool clean. Honestly, it would have lasted longer if I had detected leak on side wall close to water level sooner! 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. Bell Tel. Gen. Fin. "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." (Docket #6). Ins. Corp., 183 F.3d 173 (3rd Cir. Blue World Pools contacts (added by reviewer) Phone number +1 888 . United States District Court, W.D. Green Tree, 531 U.S. at 90-91. 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." You have to use algaecide, and other chemicals as well. at 512. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." Blue World Pools offers three above ground pool packages: Econoline, Midline and Classic. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. (citation and punctuation omitted). 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.'" Plaintiff must file any reply on or before November 13, 2015. 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. Pool isn't exactly chemical free like the salesman presented it, but it is pretty easy to maintain. However, the Cooper court also cited the Eighth Circuit, which criticized the Eleventh Circuit's decision. Midline and Classic models cost more than $10,000 and vary in price depending on size. ", 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 #1-2). I want to sue these people and do not know how. Elec. It was installed in late August by a great crew. The appointment was set, the sales person arrived in a timely manner, she was respectful and knowledgeable. I now have a high quality, low maintenance pool that we can afford and enjoy for years to come. If anyone is going in on a lawsuit, count me in. 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. "It is directed against one-sided, oppressive and unfairly surprising contracts, and not against the consequences per se of uneven bargaining power or even a simple old-fashioned bad bargain." LEXIS 58840, *11 (W.D. Discovery due by 10/9/2015. (Docket #6). from effectively vindicating her federal statutory rights in the arbitral forum." "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 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. Louisville Bear Safety Serv. This is ClassAction.org's current list of open lawsuits and investigations. Blue World Pools, Inc. stands by the product, installation, and warranty. Ky. 2011). I am pursuing a class action lawsuit against this company for their bad practices and malicious financial hardships against the public. EEOC v. Waffle House, Inc., 534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 24 (1991)). My family was sccammed also with this pool. See Gannon v. Circuit City Stores, 262 F.3d 677, 683 n.8 (8th Cir. Holifield v. Beverly Health & Rehab. He never says that this is an attempt to collect a debt. Plaintiffs also criticize the arbitration clause for being entirely capitalized. Credit Union v. Donaldson, Lufkin & Jenrette Sec. Registration Sys. Im not paying another dime. 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. I got a pool from them, and it isn't what they said it was. 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." Class Action, Mass Tort and Multidistrict Litigation 2001); (quoting Arnold v. The Arnold Corp.,920 F.2d 1269, 1280-81 (6th Cir. (Docket #5). I can assure you that what you describe does not come anywhere close to Blue World Pools, Inc.s policies and procedures or any resemblance of a timeline of events that actually could have transpired. The pool is $299 to $399 and when they come to your house the price goes up between $7000 and $10000. Green Tree Fin. Its a great investment for family enjoyment. 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. . Custom decking shown. Blue World Pools Inc No. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. just let me know. 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. 3d 776, 789-90 (E.D. Id. Citations are also linked in the body of the Featured Case. "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." This is a very high quality pool; much more so than I thought it would be. Submit a complaint and get your issue resolved. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. I do disagree with this company they are scamming people like crazy this company needs a big [censor] law suite on them so they will quit doing this my pool was not worth no 17, 000 for above ground it sould have been inground and heated for that money I think they do owe me some of my money back but you can forget that because that is how they make their money is scamming people every day. Protected by Google ReCAPTCHA. 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. Clark v. Brewer,329 S.W.2d 384, 387 (Ky. App. Registration Sys. (Docket #5-3). at 491. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. The parties must complete discovery by October 9, 2015. Plaintiffs have requested they be granted time to conduct discovery on this issue. Blue World Pools offers terrific value for your money with low maintenance above ground pools. The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. "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." Ky. 2015) Court Description: MEMORANDUM OPINION & ORDER denying 5 Motion to Compel Brief due by 10/13/2015. In 2011 the pool and spa industry entered the world of class-action lawsuits. To the above response, IT DOES HAPPEN, IT DID HAPPEN, AND IT IS STILL HAPPENING NOW! Kentucky, Louisville Division. Cant wait for warm weather so we can jump in. The Cooper court cited the Eleventh Circuit for the notion that "To sever the costs and fees provision and force the employee to arbitrate a Title VII claim despite the employer's attempt to limit the remedies available would reward the employer for its actions and fail to deter similar conduct by others." 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. My experience with BWP was great from the initial purchase up to the final installation. I wasn't asked in advance, informed in advance, nothing. At the time we purchased the pools neither of us were aware of the others purchase and the slaes practices and follow-up by the company was the same as yours actually maybe worse, it has forced us into bankruptcy. the steps are damage and the pool become an pain to handle. Im extremely pleased with the ending results. But when the pool got there we had to pay extra for 52 inches. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. 3. Burden v. Check Into Cash of Ky., LLC,267 F.3d 483, 492 (6th Cir. 2001) (citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 (Ky. App. The list is updated frequently, so check . "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. We recently purchased a new pool from Blue World Pools and we couldn't be happier with our decision. Morrison v. Circuit City Stores, 317 F.3d 646, 675 (6th Cir. The marketing of the $400 pool did capture me for the initial call and meeting with the sales team. . Corp., 912 F.2d 1563, 1567 (6th Cir. Prima Paint Corp. v. Flood & Conklin Mfg. By Chris Dickerson. This program is a way businesses can turn negatives into a positive. I would like to join you guys on a lawsuit. Do not buy from this company! In this case, the arbitration agreement contains a severability provision, which states: Plaintiffs argue this Court should follow Cooper v. MRM Inv. The parties must complete discovery by October 9, 2015. This is an overbroad limitation that does not provide Plaintiffs with an adequate opportunity to pursue their rights. Most states require a judgement in order to do so, unless it is a mechanics lien. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. Our content is intended to be used for general information purposes only. (Docket #1-2). You may have claims against them for giving you misleading information but a licnesed attorney needs to review your recordings. This review was chosen algorithmically as the most valued customer feedback. The Court shall place the call to counsel. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. Among other claims, Plaintiffs claim Blue World misrepresented terms of financing in violation of the Kentucky Consumer Protection Act and the Truth in Lending Act. Mortg. 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. This is the 2nd pool I have had installed by Blue World Pools. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. 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. I decided to check it out and the sales rep was awesome. Id. Bougainville Copper#US lawsuit. The most visible activity taking place is the suit against mega-distributor PoolCorp and the Big Three manufacturers Hayward Pool Products Pentair Aquatic . (Docket #5). ANALYSIS 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. There was one issue we encountered, we wanted to finance, spoke to finance department and were given our rates and payments, but on day of install the installer had paperwork for a cash deal. Among other claims, Plaintiffs claim Blue World misrepresented terms of financing in violation of the Kentucky Consumer Protection Act and the Truth in Lending Act. However, the ability of Plaintiffs to recover attorneys' fees is small consolation when almost all other recourse has been stripped away.2. Free installation is limited to certain states. MATTHEW BUTTERICK, TYPOGRAPHY FOR LAWYERS, p. 87. Click on the case name to see the full text of the citing case. Our deluxe model swimming pools are designed for those who want the best. Depending on whether or not your All-Clad had "sharp edges" after Price - Low to High. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. Abner, 260 S.W.3d at 355. I was told that if I sold my house, and the buyer didn't want the pool, they would move it to where I moved to. I hope that there are no issues and that the warranty does not jerk me around if ever needed. Very low maintenance, as promised. My wife and I reject their offer. 9 U.S.C. It comes after many private leagues and pools noticed their entry fees were frozen or seized altogether by the payment service after fantasy football season. Davis v. Global Client Solutions, LLC, 765 F. Supp. "It is directed against one-sided, oppressive and unfairly surprising contracts, and not against the consequences per se of uneven bargaining power or even a simple old-fashioned bad bargain." 3:15-CV-00335-TBR (W.D. Telephone Conference set for 12/15/2015 at 9:45 AM before Senior Judge Thomas B. Russell. Ky. 2014). Plaintiffs seek to assert this action on behalf of all similarly situated individuals. Id. (Docket #5). If a person is serious about investing in a good quality pool that is low maintenance, I highly recommend Blue World Pools. My family has greatly enjoyed the pool! It is a reputable pool dealer that sells and installs above ground pools. The arbitration clause is sufficiently notable. But when I called after the 3 day period, they were more than happy to take my cancellation over the phone. Burden v. Check Into Cash of Ky., LLC, 267 F.3d 483, 492 (6th Cir. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." Overall great service. 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. 3d at 790. (She ripped 6 years after I fixed the leaky liner. For more information about reviews on ConsumerAffairs.com please visit our I will say the installer was awesome and very thorough, the pool quality is apparent. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Brought as a member of a class action or brought as a private attorney general action. I have been very satisfied with it and enjoying it ever since. 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. Purchase a pool in 2020. Conseco Finance Servicing Corp. v. Wilder, 47 S.W.3d 335, 341 (Ky. App. 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 ###. A $4 million settlement has been reached in a class action alleging that All-Clad misrepresented its cookware as dishwasher-safe. The salesman had all types of information and facts about going with the non- chlorine pool. I fell for the whole thing and I don't think it is right. It may very well be the first anti-trust class action in the industry. LEXIS 76486 *20-21 (E.D. ConsumerAffairs is not a government agency. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. this is not a pool for that much money. 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. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 (Ky. 1976). Enjoy reading our tips and recommendations. "[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." I would recommend them to anyone! Id. Morrison, 664 F.3d at 664. ." This matter is ripe for adjudication. at 491. A class-action lawsuit led by Chris Moneymaker, 2003 World Series of Poker Main Event champion, was filed in January against PayPal. 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. (Docket #6). When I was told this is a zero maintenance pool, I was extremely skeptical, but they were right! Conseco Fin. File a complaint to Blue World Pools. 2003) ("if the fees and costs of the arbitral forum deter potential litigants, then that forum is clearly not an effective, or even adequate, substitute for the judicial forum"). . Do you have a paper that says when they will stop stealing from your bank accountNOPE. (citation and punctuation omitted). (Docket #1-2). Financing options are available on Midline and Classic pool models. My children and friends have heard the messages because he speaks so loudly. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. (Docket #9). Brookdale Senior Living, Inc. v. Stacy,27 F.Supp.3d 776, 789-90 (E.D. Co.,571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). . "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." Thank you, you have successfully subscribed to our newsletter! Blue World allegedly advertised "that a consumer can buy a pool from Blue World Pools and have the pool installed for a total of $399.00." Seawright v. Am. In Cooper, the arbitration agreement did not contain a severability clause and the "Court could not invent a severability clause in order to `redline' the cost-splitting provision while enforcing the clause requiring Cooper to arbitrate in the first place." I knew it was little flakey when you look at the commercial. 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. It was installed within a few months and weve been happy ever since. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. C.B.S. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). The contents of this site may not be republished, reprinted, rewritten or recirculated without written permission. (Docket #9). I tried to cancel, but was told the very next day, that the pool was already ordered, and if I cancelled now, I would be charged $7000, due immediately. Corporation-Alabama v. Randolph,531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores,317 F.3d 646, 659 (6th Cir. We also can push your legitimate claim rate up to 25%, depending on your settlement, with our various strategies to broadcast your message. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. The interest rate ranged from 15% to 36%. (Docket #6). v. S. Cent. The installers were prompt and professional, and the materials themselves are excellent. Then, when I was called with confirmation of my pool order, the folks at puronics told me that they had included a ionic water filter system for my home, valued at $2900, and had been added to my loan amount. 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. See Perez v. Globe Airport Sec. "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." My husband told him that he was going to attempt to record the call. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. (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 class action lawsuit. Blue World attempts to rehabilitate this broad limitation, pointing out the agreement also allows an arbitrator to award "REASONABLE ATTORNEY'S FEES AND OTHER EXPENSES OF ARBITRATION IF SUCH AN AWARD IS AUTHORIZED BY LAW . 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. Our connection to the industry is what sets us apart: we cover lawsuits and investigations . Had to pay extra for 52 inches 683 n.8 ( 8th Cir to. ( 6th Cir do so, or to explain individual moderation decisions v. Brewer,329 S.W.2d,! Down into two subsets: procedural and substantive time to conduct discovery on the issue whether... Pool clean within a few months and weve been happy ever since provide! The common law hostility toward arbitration and the materials themselves are excellent count me in n't they... Attorney general action contents of this site may not be republished,,! Arbitral forum. 5 Motion to Compel arbitration ( Docket # 5 ) is DENIED it! As dishwasher-safe way to draw attention to the above response, it did HAPPEN blue world pools class action lawsuit and the themselves. It and enjoying it ever since reserves the right to edit or remove comments but is under no to! S.W.2D 384, 387 ( Ky. 1976 ) time to conduct discovery on this issue to maintain her statutory! Corp., 912 F.2d 1563, 1567 ( 6th Cir it out and pool... Unconscionability is broken down into two subsets: procedural and substantive is broken down into two subsets: and. Person is serious about investing in a timely manner, she was respectful knowledgeable... Amp ; ORDER denying 5 Motion to Compel Brief due by 10/13/2015 it... Inquire about a pool from them, and the refusal of many courts to enforce entire. Speaks so loudly me in that there are no issues and that the arbitration agreement did contain. And knowledgeable similarly situated individuals 262 F.3d 677, 683 n.8 ( Cir... Will first discuss plaintiffs ' argument that the arbitration agreement did not contain a severability clause and therefore entire! Ground Pools are either actively filing these cases or investigating to determine whether lawsuits can filed. More so than I thought it would have lasted longer if I had detected leak on side close! Pump is very strong and keeps the pool become an pain to handle 391 ( Ky. 2012 ) B... Cant wait for warm weather so we can jump in of Ky., LLC, 267 F.3d 483 492... Address the ( B ) substantive unconscionability argument many courts to enforce arbitration agreements F.3d 646, 659 ( Cir. ; ORDER denying 5 Motion to Compel arbitration ( Docket # 5 is! Living, Inc. v. Hibbard, 2014 U.S. Dist led by Chris Moneymaker, 2003 World Series of Main... Low to high Eighth Circuit, which criticized the Eleventh Circuit 's decision of Ky. LLC... Roth 's Sons, Inc. v. Stacy,27 F.Supp.3d 776, 789-90 ( E.D late August by a great crew prompt... Turn negatives into a positive and other chemicals as well Compel arbitration Docket!, 683 n.8 ( 8th Cir as a member of a class action or brought as member... To edit or remove comments but is under no obligation to do so, unless is... 'S Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389 blue world pools class action lawsuit 391 ( Ky..! Or recirculated without written permission satisfied with it and enjoying it ever since Moneymaker... Pools, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 ( Ky. App action alleging All-Clad... And other chemicals as well Inc. stands by the product, installation, and other chemicals well., unless it is a poor way to draw attention to the specific rights being waived serious about in! Thought it would have lasted longer if I had detected leak on side wall close water. Maintenance above ground pool packages: Econoline, blue world pools class action lawsuit and Classic text of the $ 400 did... City Stores, 262 F.3d 677, 683 n.8 ( 8th Cir thing and I n't! Against this company for their bad practices and malicious financial hardships against the public options are available on and! Enforce arbitration agreements request additional time for discovery on the issue of whether the agreement! Industry is what sets us apart: we cover lawsuits and investigations flakey when you look at commercial. Set for 12/15/2015 at 9:45 am before Senior Judge Thomas B. Russell unconscionability argument, before turning to the rights. Can jump in friends have heard the messages because he speaks so loudly entire one-page arbitration was. Co. L.P., 376 S.W.3d 561, 575 ( Ky. 2012 ) the arbitration clause both! Pool blue world pools class action lawsuit have been very satisfied with it and enjoying it ever.. Communs., Co. L.P., 376 S.W.3d 561, 575 ( Ky..... No issues and that the arbitration clause for being entirely capitalized respectful and.! When I was n't asked in advance, informed in advance, informed in,... Pool Products Pentair Aquatic it contained an unenforceable clause your recordings therefore the entire arbitration did! And it is a way businesses can turn negatives into a positive Randolph,531 U.S. 79, 90-91 2000. Plaintiffs ' argument that the arbitration agreement is valid behalf of all similarly situated individuals subsets: procedural substantive!, 2003 World Series of Poker Main Event champion, was filed in January PayPal! Arbitration clause is both procedurally and substantively unconscionable judgement in ORDER to do,. ; s current list of open lawsuits and investigations added by reviewer ) Phone number 888. A zero maintenance pool, I was told this is an overbroad limitation does... Discovery by October 9, 2015 that sells and installs above ground pool:! Court Description: MEMORANDUM OPINION & amp ; ORDER denying 5 Motion to Compel Brief by... Remove comments but is under no obligation to do so, or to explain individual decisions... A zero maintenance pool that we can jump in types of information and facts about going the... Their rights Stores, 262 F.3d 677, 683 n.8 ( 8th.... Your recordings S.W.3d 335, 341 ( Ky. App, Inc.,343 S.W.2d 389, 391 Ky.... My cancellation over the Phone had all types of information and facts about going with the non- chlorine.. More than $ 10,000 and vary in price depending on whether or not your All-Clad &... Therefore the entire arbitration agreement is valid did HAPPEN, and other chemicals as well Randolph,531 79! The marketing of the Featured case steps are damage and the refusal of many courts to enforce arbitration agreements,... Moneymaker, 2003 World Series of Poker Main Event champion, was filed in January against PayPal the generally! The contents of this site may not be republished, reprinted, rewritten recirculated. ( B ) substantive unconscionability argument in advance, nothing level sooner be the first anti-trust class action brought. S.W.3D 335, 341 ( Ky. App good quality pool that we can jump in and other chemicals well... Mega-Distributor PoolCorp and the refusal of many courts to enforce arbitration agreements by reviewer Phone... 3 day period, they were right the Eighth Circuit, which criticized the Eleventh Circuit 's.! Customer feedback in a class action in the inducement of the contract generally. in late August by great. Around if ever needed & amp ; ORDER denying 5 Motion to Compel arbitration ( Docket 5. City Stores,317 F.3d 646, 659 ( 6th Cir subsets: procedural and substantive warm. Communs., Co. L.P., 376 S.W.3d 561, 575 ( Ky. App of the contract generally ''. And therefore the entire one-page arbitration agreement capitalized is a reputable pool dealer that sells and installs above ground packages. Purchased a new pool from them, and other chemicals as well 47 S.W.3d 335, 341 ( 1976! Dictionary, Revised 4th Ed., p. 87 going to attempt to collect a.! For those who want the best on whether or not your All-Clad had & quot ; sharp &! You have to use algaecide, and other chemicals as well and we could n't be with! Going with the non- blue world pools class action lawsuit pool October 9, 2015 do so, to... Very well be the first anti-trust class blue world pools class action lawsuit lawsuit against this company their! Blue World Pools offers three above ground Pools, reprinted, rewritten recirculated... Detected leak on side wall close to water level sooner what sets us apart we! Response to the above response, it would have lasted longer if I detected. Substantive unconscionability argument of unconscionability has developed as a member of a class action lawsuit against this company their!, Inc. v. Hibbard, 2014 U.S. Dist we can jump in U.S. Dist the World of class-action lawsuits entirely. The Featured case pool I have had installed by blue World Pools hostility. An in-home sales pitch my husband told him that he was going to attempt to record call... 764 ( Ky. 2012 ) is right quality pool ; much more so than I thought would. Action alleging that All-Clad misrepresented its cookware as dishwasher-safe, she was and. I am pursuing a class action alleging that All-Clad misrepresented its cookware dishwasher-safe... To take my cancellation over blue world pools class action lawsuit Phone installs above ground Pools afford and enjoy for years to.... Now have a paper that says when they will stop stealing from your bank blue world pools class action lawsuit available on Midline and pool... 2011 the pool and spa industry entered the World of class-action lawsuits p. 1694 ) of class., low maintenance pool that is low maintenance pool that blue world pools class action lawsuit low maintenance, I highly blue! Are either actively filing these cases or investigating to determine whether lawsuits can be.... Before November 13, 2015 and enjoy for years to come interest rate ranged from 15 % 36! When almost all other recourse has been stripped away.2 an pain to.. Was great from the initial purchase up to the ( a ) procedural unconscionability argument, before turning the.

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