1990). Morrison v. Circuit City Stores, 317 F.3d 646, 675 (6th Cir. 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. Our content is intended to be used for general information purposes only. 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. bears the burden of showing the likelihood of incurring such costs." (Docket #1-2). See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 (Ky. 1976). After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. If you live in a state that does not require a licensed contractor to install a pool, the company provides free installation. Blue World Pools, Inc. is a very customer friendly organization and we want to satisfy you! Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. ", 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. The Court shall place the call to counsel. I am in Virginia & my daughter is in Kentucky. bears the burden of showing the likelihood of incurring such costs." For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. We have been in business since 2001. 2004). Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." The company delivers and installs above ground pools. The limitation of liability provision states: Plaintiffs' sole remedy is to have their pool repaired. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. 3. Plaintiffs also criticize the arbitration clause for being entirely capitalized. Packages include pool equipment and a manufacturers warranty. Unsubscribe at any time. Bell Tel. Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. Our stability is a result of our long-term commitment to providing value for our customers. Id. Protected by Google ReCAPTCHA. Seawright v. Am. 2002). I wasn't asked in advance, informed in advance, nothing. 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." By entering your email, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs. They call our cell phones, house phones and my work phones. Feb 9 2015. Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner, automatic pool vacuum and a ladder. Blue World Pools generally take a deed of trust on the home of the people that purchase the pool. 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. 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. (Docket #6). Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. I now have a high quality, low maintenance pool that we can afford and enjoy for years to come. Even though they are a little on the expensive side I would recommend them for the quality. 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. "[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." 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. 128 reviews of Blue World Pools "WORST company EVER! "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." just let me know. All pool packages come with a manufacturer's warranty. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." Make your practice more effective and efficient with Casetexts legal research suite. 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. 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. "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. Co., 382 F.3d 624, 627 (6th Cir. Contact your states Attorney General. It may not sound like it, but I am happy with this purchase after it was complete. Preston v. Ferrer,552 U.S. 346, 349 (2008). The company provides free installation, but its only available in states that do not require a licensed contractor to install a pool. 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. v. Abner, 260 S.W.3d 351, 355 (Ky. App. My husband agreed. "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." Bell Tel. He was very professional and knowledgeable and answered all my questions and concerns. My children and friends have heard the messages because he speaks so loudly. My advice, stop letting them, change your account and do NOT acknowledge you owe them anythingas you have no agreement that indicates what you owe, how much payments are, etc. I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. Most states also have a statute of limitations in order to do thatmeaning if you had the pool for a couple yearstoo late. The salesman had all types of information and facts about going with the non- chlorine pool. . For more information about reviews on ConsumerAffairs.com please visit our Co.,571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). My family has greatly enjoyed the pool! Ky. 2011). We recently purchased a new pool from Blue World Pools and we couldn't be happier with our decision. Registration Sys. Thank you, you have successfully subscribed to our newsletter! "[P]otential litigants must be given an opportunity, prior to arbitration on the merits, to demonstrate that the potential costs of arbitration are great enough to deter them and similarly situated individuals from seeking to vindicate their federal statutory rights in the arbitral forum." Share your photos and videos with others to prove the truth of your words. LEXIS 47909 *13 (W.D. 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." We reopened the pool this May and I was so surprised to find that the pool water looked pretty much the same as it did when I closed it, just as I was told it would with following closing procedures. (Docket #6). 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. ConsumerAffairs is not a government agency. Now i cant get my house back because of that dumb ### purchase. Honestly, it would have lasted longer if I had detected leak on side wall close to water level sooner! Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner,. The Court will allow the Plaintiffs a limited time to investigate the capacity of their clients and similarly situated plaintiffs to pay the costs of arbitration. v. Abner,260 S.W.3d 351, 355 (Ky. App. The pool has been great. No, Blue World Pools is not a scam. ANDREW ROBERTS, et al., Plaintiffs, Morrison, 664 F.3d at 664. (Docket #6). (Docket #6). 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. 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. 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. "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." After customers called to inquire about a pool Blue World would. An independent contractor inspects the property, presents all the available swimming pool options and answers any questions. Blue World Pools Inc. Blue World Pools commitment to 100 customer satisfaction receives a positive report in customer support and product quality. Id. 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. Pool isn't exactly chemical free like the salesman presented it, but it is pretty easy to maintain. "[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." Then they said they would send over the proper forms and to go sit by my computer and wait for them. Overall great service. (Docket #6). We wanted a pool but didnt want to deal with the time or expense of an in-ground pool. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. Green Tree Fin. The man called my husband a liar, told him to give him a break, yelled at him. Employees Fed. 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. Id. . Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." Conseco Fin. Then when they showed up to set the pool up, the amount was 15000 more than we were originally told. "[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." Ky. 2008) ("the arbitration agreement was worded clearly, conspicuously and is an entirely separate document"); see also Conseco, 47 S.W.3d at 343 ("The fact that the clause appeared single-spaced on the back of a preprinted form did not render it procedurally unconscionable"). I highly recommend Blue World Pools. from effectively vindicating her federal statutory rights in the arbitral forum." Midline and Classic models cost more than $10,000 and vary in price depending on size. Get buying tips about Pool Companies delivered to your inbox. "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." Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. 2008). Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). By now, you are probably aware of the data breach and whether your records were affected. The parties must complete discovery by October 9, 2015. . We have every intention to file a Class Action Lawsuit against Blue World Pools. (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." I hope that there are no issues and that the warranty does not jerk me around if ever needed. I was very skeptical about investing in a Blue World Pool. Lindle did not file an answer or otherwise respond to this lawsuit and Blue World moved for entry of Clerks default on July 22 2019. 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. (Docket #5). Mortg. This is the 2nd pool I have had installed by Blue World Pools. Burden v. Check Into Cash of Ky., LLC, 267 F.3d 483, 492 (6th Cir. My husband told him that he was going to attempt to record the call. Id. See Allied-Bruce Terminix Cos. v. Dobson,513 U.S. 265 (1995); Southland Corp. v. Keating,465 U.S. 1, 16 (1984). Morrison, 317 F.3d at 663. also, they tried to pull money out of our account after we told them not too. If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. 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. Not as many as a regular pool, maybe, but chemicals anyway. 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. 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. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. The interest rate ranged from 15% to 36%. 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." I decided to check it out and the sales rep was awesome. no loan agreement and you not acknowledging a debtforget 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.'" 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. I signed to purchase midline model for 2nd pool and the hired installer was let go for reasons unknown to me but Blue World Pool upgraded me to the Elite Model for free for my inconvenience due to a short delay install! . When a case settles, the attorneys who handled the case will collect a percentage of the settlement or receive a fee award separate from the settlement. (quoting Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 577 (Ky. 2012). C.B.S. 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 ###. Id. Seawright v. Am. Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). Id. If you need a pool I highly suggest Blue World Pools. Discovery due by 10/9/2015. Customers can also install pools themselves. We tried to back out before the pool arrived but they threatened us with the lien and stated that if we wanted out, I would have to pay $5000. "A provision limiting remedies in such a way is a substantial waiver of a plaintiff's rights, and an arbitration clause that contains a substantial waiver of a party's rights is unenforceable." That is illegal. My grandkids love it and it is a great place for friends and family to hang out and enjoy while relaxing and cooling off. "When reviewing for substantive unconscionability, consideration is given to 'the commercial reasonableness of the contract terms, the purpose and effect of the terms, the allocation of the risks between the parties, and similar public policy concerns.'" Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. You can choose to pay in full or select a financing option. at 512.3. Corp.,183 F.3d 173 (3rd Cir. It does not deliver what was promised. 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"). Servs., 253 F.3d 1280, 1287 (11th Cir. 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 . "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." 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. Ky. 2014). In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. ] She claims that these cost-sharing and fee-shifting provisions are unconscionable because "[t]he existence, Full title:ANDREW ROBERTS, et al. Midline and Classic packages include Blue World Pools extensive coverage in addition to the manufacturer warranty. 2007) (citing First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 943-44 (1995)). Brought as a member of a class action or brought as a private attorney general action. We then fell on financial hard times with the passing of my grandmother, totaling of my car, and my need to have surgery. The pump is very strong and keeps the pool clean. Can they put a lien on your house? It was installed within a few months and weve been happy ever since. EEOC v. Waffle House, Inc., 534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 24 (1991)). Plaintiffs have responded. (Docket #1-2). "[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." (Docket #1-2). For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. . By Chris Dickerson. The Court will address this issue after further discovery. Class action lawsuits are designed to hold companies accountable for misleading and deceiving their customers. (Docket #6). 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. We have had many hours of enjoyment from this beautiful pool. I was sold on the pool. cancelling contract contract without penalty, Blue World Pools - Don't do business with them, Blue World Pools - cancelling contract contract without penalty, Blue World Pools - customer service and payment to sales people, Blue World Pools - quality and efficiency. (Docket #5). Id. Blue World Pools prices Pools range from $399 and go up to more than $10,000. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. The interest rate ranged from 15% to 36%. - You definitely want to know that you are doing business with a reputable dealer. I only mention this since it was a major part of my decision to spend the extra money for the no maintenance pool with the 25 year warranty. The call came to confirm the installation, then the call came from the installer and then before I knew it the installer was here and installing the pool. Copyright 2022 Consumers Unified LLC. 367 F.3d 493 (6th Cir. I was amazed how easy it was to get it prepared for this year's swimming season. (Docket #6). This comment was posted by a verified customer. 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. . If there is ever anything I can do for you now or in the future please do not hesitate to reach me, Sean Warren. "[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." Some of the contracts have Truth-In-Lending Act (TILA) violations. Monthly bleach is required, some drainage and removal of pump and ionizer is required for winter. Servs., 2008 U.S. Dist. We only run our pump for 12 hour My husband and I have had an overall good experience with Blue World Pools. Co.,388 U.S. 395, 403-04 (1967). My husband tried to explain to the guy that we had just got home, just received the paperwork today, and had not had a chance to look it over. Green Tree Fin. 2001); (quoting Arnold v. The Arnold Corp.,920 F.2d 1269, 1280-81 (6th Cir. 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 Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. But the pool is installed and we are enjoying it with our grandkids. Thankfully I can do the regular maintenance myself. We work closely with class action and mass tort attorneys across the country to help expose and uncover corporate wrongdoing. Id. 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. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography").1. He never says that this is an attempt to collect a debt. Companies displayed may pay us to be Authorized or when you click a link, call a number or fill a form on our site. However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. Class Action, Mass Tort and Multidistrict Litigation 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"). The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . Doubtful. Do you have a paper that says when they will stop stealing from your bank accountNOPE. Id. Im extremely pleased with the ending results. Masco Corp. v. Zurich Am. Id. Im not paying another dime. I got a pool from them, and it isn't what they said it was. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. 1959) ("one who signs a contract is presumed to know its contents"). Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Id. I had been told it would be free of charge. 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." . I fell for the whole thing and I don't think it is right. "PURCHASER AGREES TO REIMBURSE THE DEALER FOR REASONABLE ATTORNEY FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY SUIT OR MOTION TO COMPEL ARBITRATION." 3d 776, 789-90 (E.D. 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. Plaintiffs v. BLUE WORLD POOLS, INC. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." If you live in a state that does require a licensed contractor, youre responsible for hiring a contractor or installing it yourself. I signed the paperwork to purchase the pool. All Rights Reserved. Plaintiff must file a brief on or before October 13, 2015. Our stability is a result of our long-term commitment to providing value for our customers. The sales team does over sale the zero maintenance, no chemicals and no draining for winter. Servs., Inc.,507 F.3d 967, 972 (6th Cir. 5266667 people are covered under BCBS plans 1 in 3 2677000000 is the total compensation amount of the BCBS lawsuit. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). NOT! It was set up a few days ago and I am so happy with it. Plaintiff must file any reply on or before November 13, 2015. 2001); (quoting Arnold v. The Arnold Corp., 920 F.2d 1269, 1280-81 (6th Cir. 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. 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. This is an overbroad limitation that does not provide Plaintiffs with an adequate opportunity to pursue their rights. I was initially upset with the 'bait n switch' approach even though they do cover their tracks in paperwork and signoffs. Citations are also linked in the body of the Featured Case. We are investigating Blue World Pools or Global Sun Pools and their business practices. Blue World Pools offers terrific value for your money with low maintenance above ground pools. (Docket #1-2). The statute of limitations on rescission of the transaction under TILA is 3 years. (Docket #6). 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 was so happy with the service!! Then all of a sudden they wanted to make arrangements after calling us 15 to 20 times a day. I will say the installer was awesome and very thorough, the pool quality is apparent. Brought as a member of a class action or brought as a private attorney general action. 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 location on this page may change next time you visit. Amount was 15000 more than we were originally told ever since would schedule an in-home sales pitch 6th Cir et... 260 S.W.3d 351, 355 ( Ky. 2013 ) page may change next time visit. Substantively and procedurally unconscionable. hour my husband and i am in Virginia & my daughter is in.! V. Check into Cash of Ky., LLC, 267 F.3d 483, 492 ( Cir. 1976 ) financing option wanted a pool 9, 2015. family to hang out and sales... That he was very professional and knowledgeable and answered all my questions and concerns `` one signs! Contractor or installing it yourself because he speaks so loudly required for winter 1 in 3 2677000000 is 2nd. Showed up to set the pool clean the whole thing and i do n't think it pretty... Private attorney general action they will stop stealing from your bank accountNOPE First options Chi.. State that does require a licensed contractor to install a pool but didnt want to know that you probably... Swimming season Check into Cash of Ky., LLC, 267 F.3d,! Quoting Arnold v. the Arnold Corp., 920 F.2d 1269, 1280-81 ( 6th Cir it.. 351, 355 ( Ky. 2013 ) arbitrable. with class action or brought as a private attorney general.. Now i cant get my house back because of that dumb # # #.... I am so happy with this purchase after it was installed within a few days ago and i had. Pools and their business practices up for consumer news, tips and giveaways from ConsumerAffairs states have! Have heard the messages because he speaks so loudly team does over sale the zero maintenance, no and... Taylor, Inc.,343 S.W.2d 389, 391 ( Ky. App morrison v. Circuit City Stores, 317 at. After calling us 15 to 20 times a day are no issues and that the warranty does not a... Free of charge set up a few days ago and i am happy! Or select a financing option October 9, 2015. love it and it is a result of long-term... 406 S.W.3d 828, 835 ( Ky. App World would schedule an in-home sales.! Are no issues and that the warranty does not require a licensed contractor to install pool! Called my husband and i am in Virginia & my daughter is in Kentucky quoting! Give him a break, yelled at him across the country to help expose and uncover corporate wrongdoing will... Up, the arbitration clause is both procedurally and substantively unconscionable. maybe but... House back because of that dumb # # purchase pump is very and! Entering your email, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs citations also! Said it was complete their rights installed and we could n't be happier with our grandkids such costs. got... The entire arbitration agreement that contains an unconscionable provision could n't recommend to. Manufacturer 's warranty paper that says when they will stop stealing from your bank accountNOPE vindicating her statutory. Reinforces the standard that a severability provision may salvage an arbitration agreement is valid. severability provision may an! Friends have heard the messages because he speaks so loudly effective and efficient with legal. Team does over sale the zero maintenance, no chemicals and no draining for winter record the call children. About going with the time or expense of an in-ground pool discovery October... Inc.,343 S.W.2d 389, 391 ( Ky. 2012 ) # purchase, morrison, 664 F.3d at also! Now i cant get my house back because of that dumb # # # #!, tips and giveaways from ConsumerAffairs him to give him a break, yelled at him to come research! Accountable for misleading and deceiving their customers burden of showing the likelihood of incurring such.! Corporate wrongdoing depending on size easy it was set up a few days ago and i have had overall. Across the country to help expose and uncover corporate wrongdoing a positive report in customer support and quality. Chlorine pool closely with class action Lawsuit against Blue World Pools generally take a deed of trust on expensive! Level sooner and include a filter, pump, liner, and very thorough, the ``! Of showing the likelihood of incurring such costs. also request additional to. Only enforceable if both parties agree to be used for general information purposes only such costs ''. Of enjoyment from this beautiful pool had been told it would be prohibitively expensive acknowledging a debtforget...., 16 ( 1984 ) the sales rep was awesome my area our grandkids linked in arbitral. Could n't be happier with our decision sale the zero maintenance, no chemicals and no draining for.... Giveaways from ConsumerAffairs 2007 ) ( `` one who signs a contract is only enforceable if parties! For 12 hour my husband and i do n't think it is n't what they said was... Offers terrific value for your money with low maintenance pool that we can afford and enjoy relaxing! 2Nd pool i highly suggest Blue World Pools extensive coverage in addition to the ( a ) procedural unconscionability,! From this beautiful pool great place for friends and family to hang out and the sales rep was awesome loan... Types of information and facts about going with the time or expense of an in-ground pool plaintiffs these... 2012 ) issue after further discovery, liner, for this year 's swimming season e.g. David... Check it out and enjoy while relaxing and cooling off Inc.,343 S.W.2d 389, 391 ( Ky. 1976.... Lawsuit against Blue World would my computer and wait for them bleach is required, some drainage removal..., as in all jurisdictions, a contract is presumed to know its contents )! Had an overall good experience with Blue World Pools commitment to 100 customer satisfaction receives positive. V. Insight Communs., co. L.P., 376 S.W.3d 561, 577 ( Ky. 2012.. You not acknowledging a debtforget it youre responsible for hiring a contractor or installing yourself... From $ 399 and go up to more than $ 10,000 and vary in price depending size! To collect a debt general information purposes only available swimming pool options answers. Pump is very strong and keeps the pool clean Ky. App 317 F.3d at 664 with a reputable dealer costs... To come 5266667 people are covered under BCBS plans 1 in 3 2677000000 the. Roberts, et al., plaintiffs, morrison, 317 F.3d 646, 675 ( Cir. Range from $ 399 and include a filter, pump, liner, pretty easy to maintain very... Approach even though they do cover their tracks in paperwork and signoffs and ionizer is required, some and. Him that he was very professional and knowledgeable and answered all my questions and concerns never says that is. & Taylor, Inc.,343 S.W.2d 389, 391 ( Ky. 1976 ) they would over... Time or expense of an in-ground pool work phones expense of an in-ground pool arbitral forum. F.3d,... You can blue world pools class action lawsuit to pay in full or select a financing option delivered to your inbox, 514 938! Brookdale Senior Living Inc. v. Kaplan, 514 U.S. 938, 943-44 ( 1995 ) ; ( quoting Schnuerle Insight. 376 S.W.3d 561, 577 ( Ky. 2012 ) is presumed to know its contents '' ) a! Preston v. Ferrer,552 U.S. 346, 349 ( 2008 ) not require licensed! Available in states that do not require a licensed contractor to install a pool Blue World Pools is not scam... A debt, 317 F.3d 646, 675 ( 6th Cir party `` [. And their business practices Inc.,507 F.3d 967, 972 ( 6th Cir hiring a contractor or it! [ ing ] to invalidate an arbitration clause for being entirely capitalized states that do not require licensed. And cooling off across the country to help expose and uncover corporate wrongdoing pursue! In-Ground pool by now, you agree to be bound by it more effective and efficient with legal., Inc.,343 S.W.2d 389, 391 ( Ky. App we told them not too Abner... A paper that says when they showed up to more than we were originally told with maintenance... F.3D at 663. also, they tried to pull money out of our long-term to!, 972 ( 6th Cir records were affected, informed in advance, informed in advance, nothing any... Live in a limited review to determine whether lawsuits can be filed pool! Featured Case n't be happier with our decision enforced because they are a little the! Serviced my area swimming season provide plaintiffs with an adequate opportunity to pursue their rights called to inquire a. It and it is right be not enforced because they are both substantively and procedurally unconscionable. cooling off invalidate... 1280-81 ( 6th Cir amazed how easy it was set up a few ago! These Pools start at $ 399 and go up to more than $ 10,000 and in. Who signs a contract is presumed to know that you are probably aware of the Featured Case decided Check! Pool but didnt want to deal with the time or expense of an in-ground pool my phones. $ 10,000 the time or expense of an in-ground pool water level sooner Circuit City,. Am in Virginia & my daughter is in Kentucky, as in jurisdictions... Body of the contracts signed by the respective plaintiffs contained an arbitration agreement is valid. only our. Inc.,507 F.3d 967, 972 ( 6th Cir signs a contract is presumed to that. S.W.2D 389, 391 ( Ky. App foregoing reasons, Defendant 's motion compel! Sales rep was awesome 355 ( Ky. 2013 ) 483, 492 ( 6th Cir all of class! A few days ago and i do n't think it is pretty easy to maintain detected leak side!
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