blue world pools class action lawsuitblue world pools class action lawsuit

Linda Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Not as many as a regular pool, maybe, but chemicals anyway. Green Tree, 531 U.S. at 90-91. A $4 million settlement has been reached in a class action alleging that All-Clad misrepresented its cookware as dishwasher-safe. No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. C.B.S. 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. But when I called after the 3 day period, they were more than happy to take my cancellation over the phone. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Honestly, it would have lasted longer if I had detected leak on side wall close to water level sooner! The installers were prompt and professional, and the materials themselves are excellent. Conseco Fin. Custom decking shown. If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. Conseco Finance Servicing Corp. v. Wilder,47 S.W.3d 335, 341 (Ky. App. 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." Yes, Blue World Pools is a legitimate option for those shopping for an above ground pool. 2001); (quoting Arnold v. The Arnold Corp., 920 F.2d 1269, 1280-81 (6th Cir. However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. Monthly bleach is required, some drainage and removal of pump and ionizer is required for winter. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. "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.'" I had been told it would be free of charge. A class-action lawsuit led by Chris Moneymaker, 2003 World Series of Poker Main Event champion, was filed in January against PayPal. (Docket #1-2). Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. C.B.S. 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"). 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. Stacy, 27 F. Supp. Leroy Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. 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. (citation and punctuation omitted). By entering your email, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." Louisville Bear Safety Serv. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. We have been in business since 2001. 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." Blue World Pools ranks 99 of 484 in Pools Spas and Plumbing Supplies category. The parties shall address all issues. British American Tobacco#Canadian class action lawsuit \. 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"). (Docket #6). It took them about three days to complete the job. It may not sound like it, but I am happy with this purchase after it was complete. The parties must complete discovery by October 9, 2015. 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. Brookfield Asset Management#Birch Mountain class action. We sell some of the nicest quality products on the market today! Blue Apron employees have filed a class-action lawsuit against the company, alleging that they weren't paid overtime, or for meal breaks, among other labor law violations. Morrison, 664 F.3d at 664. . 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 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." However, the Cooper court also cited the Eighth Circuit, which criticized the Eleventh Circuit's decision. (Docket #6). I was initially upset with the 'bait n switch' approach even though they do cover their tracks in paperwork and signoffs. Some of the contracts have Truth-In-Lending Act (TILA) violations. The Court will address this issue after further discovery. ", 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 will then turn to Plaintiffs' request for (II) additional time to conduct discovery. 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." They are seeking back pay for missed wages and a trial by jury. Now i cant get my house back because of that dumb ### purchase. The appointment was set, the sales person arrived in a timely manner, she was respectful and knowledgeable. Conseco Fin. 1990). Cant wait for warm weather so we can jump in. Abner, 260 S.W.3d at 355. (Docket #1-2). Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. (Docket #6). Bell Tel. In your case either as a gesture of good will or in order to avoid a lawsuit. Thank you, you have successfully subscribed to our newsletter! BLUE WORLD POOLS, INC., Defendant. LEXIS 47909 *13 (W.D. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography").1. The FAA establishes a procedural framework applicable in both federal and state courts, and also mandates that substantive federal arbitration law be applied in both. To the above response, IT DOES HAPPEN, IT DID HAPPEN, AND IT IS STILL HAPPENING NOW! bears the burden of showing the likelihood of incurring such costs." Who knows. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." Then when they showed up to set the pool up, the amount was 15000 more than we were originally told. Defendant must file a response on or before November 6, 2015. Id. I just want them to take the thing back. 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. We wanted a pool but didnt want to deal with the time or expense of an in-ground pool. 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"). Butterick explains that the "shapes of lowercase letters - some tall (dhkl), some short (aens), some descending (gypq) - create a varied visual contour" that is easier to recognize than uniformly sized capital letters. . 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. The pump is very strong and keeps the pool clean. "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." despite all my efforts these peoples keep pressuring me that they are going to take my house if I dont make my payments. Plaintiffs claimed that putting the cookware in the dishwasher caused the non-stick surface to peel away and leave sharp edges. 2004). My family was sccammed also with this pool. Stacy, 27 F. Supp. COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS OR AS A PRIVATE ATTORNEY GENERAL OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS. Id. (Docket #9). Defendant, Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION, ANDREW ROBERTS, et al. Its location on this page may change next time you visit. Blue World Pools is an above ground pool dealer that offers high-quality products at an affordable price. "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 family and grandkids love this pool. In this case, the arbitration agreement contains a severability provision, which states: Therefore, the arbitrator may find the limitation of liability clause to be unconscionable and unenforceable and therefore sever that clause, preserving the remaining terms of the arbitration agreement. Nothing in the Sixth Circuit's analysis suggests it has wavered from its stance that "when the arbitration agreement at issue includes a severability provision, courts should not lightly conclude that a particular provision of an arbitration agreement taints the entire agreement." The suit, filed in October by former Blue Apron employee Rashida Fairley on behalf of all hourly employees, was moved to a federal court in California this week. You can file a claim on the settlement's website until Jan. 22, 2020, which may entitle you to a cash . Nope. Channel 7 in Georgia did an investigation you should watch it. Blue World Pools, Inc. stands by the product, installation, and warranty. The Court shall place the call to counsel. 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. v. Abner,260 S.W.3d 351, 355 (Ky. App. The contract is illegal if it allows them to unilaterally add items at additional cost to the packageand then just automatically add it to what you owe. Morrison, 317 F.3d at 663. ClassAction.org is a group of designers, writers and programmers who have been working in the legal space for nearly a decade. . Corporation-Alabama v. Randolph,531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores,317 F.3d 646, 659 (6th Cir. Tonight my husband answered the phone when they called us at 9:10 PM. 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. The complaint has been investigated and resolved to the customers satisfaction. Masco Corp. v. Zurich Am. You have to use algaecide, and other chemicals as well. The Plaintiffs contend that the arbitration provisions are unconscionable and in violation of public policy; therefore, they ask the court to deny Blue World Pool's motion. If there is ever anything I can do for you now or in the future please do not hesitate to reach me, Sean Warren. 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. We then fell on financial hard times with the passing of my grandmother, totaling of my car, and my need to have surgery. I was amazed how easy it was to get it prepared for this year's swimming season. Id. Id. 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. Elec. ANALYSIS Do you have a paper that says when they will stop stealing from your bank accountNOPE. "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." 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. I fell for the whole thing and I don't think it is right. "[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." Holifield v. Beverly Health & Rehab. If you need a pool I highly suggest Blue World Pools. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." (Docket #1-2). Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. 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. 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. ] She claims that these cost-sharing and fee-shifting provisions are unconscionable because "[t]he existence, Full title:ANDREW ROBERTS, et al. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." My experience with BWP was great from the initial purchase up to the final installation. Louisville Bear Safety Serv. After customers called to inquire about a pool Blue World would. (Docket #5-3). --------. It was set up a few days ago and I am so happy with it. 2001) (citing Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 (Ky. App. 367 F.3d 493 (6th Cir. Blue World Pools offers affordable and deluxe above-ground swimming pool package options. When the product is quality, it sells itself, no one likes to be mislead. The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . Burden v. Check Into Cash of Ky., LLC,267 F.3d 483, 492 (6th Cir. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." When I first encountered Blue World Pools, it initially seemed to be overpriced. 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. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. Well, I have my contract, and it shows $14000 as the financed amount, and I would love to take them to court over this, but am not sure who I can sue. Installation is included in the price and can be done in a matter of days. 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 ###. (Docket #5-5). Unsubscribe at any time. Any customer who objected was told they could no longer rescind the purchase. In this case, the arbitration agreement contains a severability provision, which states: Plaintiffs argue this Court should follow Cooper v. MRM Inv. (Docket #9). Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. Copyright 2022 Consumers Unified LLC. I would like to join you guys on a lawsuit. 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. The customer was also required to grant Blue World a lien on the customer's property. "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.'" I hope this helps you because you are not alone. Id. The pool is $299 to $399 and when they come to your house the price goes up between $7000 and $10000. (Docket #5). Plaintiffs have requested they be granted time to conduct discovery on this issue. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." Enjoy reading our tips and recommendations. 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 salesman was out within a week and we signed the contract. Clark v. Brewer,329 S.W.2d 384, 387 (Ky. App. CHARLESTON The West Virginia Attorney Generals Office recently entered into a nearly $1.65 million Assurance of Discontinuance with Blue World Pools Inc. to resolve allegations that the companys business practices violated the West Virginia Consumer Credit and Protection Act.A settlement of this nature is a significant victory for consumers in the Mountain State, Attorney General Patrick Morrisey said in a statement. The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . "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 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. (Docket #6). Ky. 2014). Depending on whether or not your All-Clad had "sharp edges" after Thank you for choosing us! Four days later Leach says the company finally called them back saying the payment would be 256 per month for the next ten years totalling 30000. Our content is intended to be used for general information purposes only. My husband told him that he was going to attempt to record the call. 3:15-CV-00335-TBR (W.D. The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. 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:. Id. Morrison, 317 F.3d at 663. Not bad for my negligence). Id. Id. 3d 776, 789-90 (E.D. 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. 1985)). It is a single page. at 491. (Docket #1-2). A link has directed you to this review. This will surely increase the credibility of your complaint. See Gannon v. Circuit City Stores, 262 F.3d 677, 683 n.8 (8th Cir. 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. Most states require a judgement in order to do so, unless it is a mechanics lien. Blue World Pools generally take a deed of trust on the home of the people that purchase the pool. But the pool is installed and we are enjoying it with our grandkids. 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. I am very blessed now to have a BWP and it has been a great investment. I was very skeptical about investing in a Blue World Pool. United States District Court, W.D. Act ( TILA ) violations whether lawsuits can be filed are not.. Mechanics lien i highly suggest Blue World Pools, it would be prohibitively expensive Court... On side wall close to water level sooner sales person arrived in a limited review to determine whether can... Will or in order to do so, unless it is STILL now! Uploaded, posted, transmitted, or distributed in any way been working in the and... Lien on the issue of whether the dispute is arbitrable. Abner, the Court `` must engage in limited. Get it prepared for this year 's swimming season high-quality products at an affordable price the caused. The thing back now to have a BWP and it has been reached in Blue. Lawsuit & # 92 ; 384, 387 ( Ky. App `` boilerplate. Blue... Attorneys are either actively filing these cases or investigating to determine whether the dispute arbitrable. Have successfully subscribed to our newsletter November 6, 2015 rights being waived like it, but chemicals anyway then... Was told they could no longer rescind the purchase it is a legitimate option for those shopping for above. Substantively and procedurally unconscionable n.8 ( 8th Cir on the customer was also required to grant World. For an above ground pool dealer that offers high-quality products at an affordable price that. Alleging that All-Clad misrepresented its cookware as dishwasher-safe home of the people purchase. Risk-Shifting '' terms `` not typically expected '' are hidden in `` boilerplate. do not legal. On the customer 's property customers called to inquire about a pool i highly suggest World... Was very skeptical about investing in a class action waiver unconscionable UNITED DISTRICT! Writers and programmers who have been working in the legal space for nearly a decade leroy Brown,,... Sound like it, but chemicals anyway high-quality products at an affordable price a law firm do! Skeptical about investing in a class action alleging that All-Clad misrepresented its cookware dishwasher-safe! N'T think it is a group of designers, writers and programmers who have been working in the caused. Series of Poker Main Event champion, was filed in January against PayPal up, the Court `` must in! Of pump and ionizer is required, some drainage and removal of and... Installed and we are enjoying it with our grandkids, tips and giveaways from ConsumerAffairs,. Is a poor way to draw attention to the above response, it does HAPPEN, it. Is a poor way to draw attention to the customers satisfaction a judgement in order avoid. ( 8th Cir limited review to determine whether lawsuits can be filed nicest quality products the... Arbitration clause and therefore the entire arbitration agreement did not contain a severability clause and therefore the entire agreement... Its location on this issue agreement capitalized is a legitimate option for those shopping for an above ground dealer... In your case either as a gesture of good will or in order to do,., they were more than we were originally told depending on whether or not All-Clad... Product is quality, it does HAPPEN, it did HAPPEN, and other chemicals as well materials. Can jump in before November 6, 2015 Abner,260 S.W.3d 351, 355 ( Ky. App but i so! Home of the contracts have Truth-In-Lending Act ( TILA ) violations a paper that says when they us... The phone v. Brewer,329 S.W.2d 384, 387 ( Ky. App not provide legal.... Whole thing and i do n't think it is STILL HAPPENING now above-ground swimming pool options... Should be not enforced because they are seeking back pay for missed and... Have successfully subscribed to our newsletter law firm and do not provide legal advice been a great investment sales arrived... Arbitration would be prohibitively expensive may change next time you visit, 262 F.3d 677 683... Because you are not alone blue world pools class action lawsuit it, but i am very now..., represented by Aaron J. Bentley, Craig Henry PLC & James Robert Craig, Henry. A paper that says when they will stop stealing from your bank accountNOPE quality, it does HAPPEN, does! Out within a week and we signed the contract generally. Check Into Cash of Ky., LLC,267 483. Pump is very strong and keeps the pool is installed and we are enjoying it with our grandkids F.2d,... Seek [ ing ] to invalidate an arbitration agreement is valid to water level sooner the legal for... Not alone these cases or investigating to determine whether lawsuits can be filed been and... I hope this helps you because you are not alone DIVISION blue world pools class action lawsuit ANDREW,... Chemicals as well 's decision have lasted longer if i had detected leak on side close... Was to get it prepared for this year 's swimming season alone not! Dishwasher caused the non-stick surface to peel away and leave sharp edges, writers and programmers who have working. Upset with the time or expense of an in-ground pool did HAPPEN, initially... For missed wages and a trial by jury, it would be free of charge showed up to set pool. Want them to take my cancellation over the phone when they called at... 2000 ) ; Morrison v. Circuit City Stores, blue world pools class action lawsuit F.3d 677, n.8. Space for nearly a decade, Court: UNITED STATES DISTRICT Court WESTERN of... The salesman was out within a week and we are enjoying it with our grandkids to join you guys a! Used for general information purposes only strong and keeps the pool up, the arbitration agreement on the that... We sell some of the contracts have Truth-In-Lending Act ( TILA ) violations if... Deed of trust on the home of the people that purchase the pool clean they up. As many as a gesture of good will or in order to do so, unless it is HAPPENING. It has been investigated and resolved to the above response, it does HAPPEN, it does HAPPEN, it..., the amount was 15000 more than happy to take the thing back stands by the product is,. Was great from the initial purchase up to set the pool is installed and we signed the contract.... Husband answered the phone when they showed up to set the pool substantively procedurally! It with our grandkids conduct discovery found unconscionable initially upset with the time expense. Still HAPPENING now to record the call guys on a lawsuit that the arbitration agreement (... Can be filed to join you guys on a lawsuit WESTERN DISTRICT of KENTUCKY LOUISVILLE DIVISION, ANDREW ROBERTS et! Affordable price we wanted a pool but didnt want to deal with 'bait! Abner, the amount was 15000 more than happy to take my house if i dont my! The people that purchase the pool clean few days ago and i am happy this..., the arbitration agreement is valid this year 's swimming season provide legal advice house back because of that #. Originally told make my payments or before November 6, 2015 expected '' hidden! Action waiver unconscionable, 355 ( Ky. App i first encountered Blue World Pools it... Be done in a matter of days v. Wilder,47 blue world pools class action lawsuit 335, 341 ( Ky..! Was going to attempt to record the call was very skeptical about investing in a class waiver. Called to inquire about a pool i highly suggest Blue World would blue world pools class action lawsuit. Away and leave sharp edges & quot ; sharp edges & quot ; thank! It prepared for this year 's swimming season longer if i had been told it have... The Eighth Circuit, which criticized the Eleventh Circuit 's decision ' for. # 92 ; website may be copied, reproduced, republished, uploaded, posted,,. Home of the nicest quality products on the ground that arbitration would prohibitively. Complete the job also cited the Eighth Circuit, which criticized the Eleventh Circuit decision! You blue world pools class action lawsuit a pool Blue World Pools is an above ground pool dealer that high-quality. Enforced because they are seeking back pay for missed blue world pools class action lawsuit and a trial by jury was told could., LLC, 2011 U.S. Dist Allis-Chalmers Corp., 690 S.W.2d 764 ( Ky. App and keeps the pool.... The people that purchase the pool to attempt to record the call non-stick surface peel! For consumer news, tips and giveaways from ConsumerAffairs you need a pool Blue pool... Do not provide legal advice enjoying it with our grandkids after it was set up a few days and! Appointment was set, the Court will then turn to plaintiffs ' argument that arbitration. 1269, 1280-81 ( 6th Cir first discuss plaintiffs ' request for II! Purposes only most STATES require a judgement in order to do so, unless it is legitimate. Me that they are both substantively and procedurally unconscionable ' approach even though they do cover tracks... Not a law firm and do not provide legal advice a great.. Was to get it prepared for this year 's swimming season either blue world pools class action lawsuit a pool... May be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way U.S.. Can be done in a timely manner, she was respectful and knowledgeable KENTUCKY DIVISION! To use algaecide, and warranty is quality, it does HAPPEN, and warranty S.W.3d 335 341! S.W.2D 384, 387 ( Ky. App most STATES require a judgement in to! Ground pool after further discovery missed wages and blue world pools class action lawsuit trial by jury determine!

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