When everything is emphasized, nothing is emphasized. (Docket #6). 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"). But when the pool got there we had to pay extra for 52 inches. I'd like to see them try. I have been very satisfied with it and enjoying it ever since. Louisville Bear Safety Serv. Mortg. Plaintiffs have responded. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." No, Blue World Pools is not a scam. Additional Time to Conduct Discovery. By Chris Dickerson. When the product is quality, it sells itself, no one likes to be mislead. 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). We work closely with class action and mass tort attorneys across the country to help expose and uncover corporate wrongdoing. An above ground pool is a major purchase. Id. Midline and Classic packages include Blue World Pools extensive coverage in addition to the manufacturer warranty. 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." For customers living in states where free installation isnt available, they must hire a licensed contractor to install the pool, which may have additional costs. If anyone is going in on a lawsuit, count me in. ConsumerAffairs is not a government agency. Blue World Pools -. When I was told this is a zero maintenance pool, I was extremely skeptical, but they were right! It took them about three days to complete the job. Id. 2003). The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . Discovery due by 10/9/2015. 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. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. Elec. I needed help with the test sequence and the staff that answered were able to give me the answers I needed immediately. 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." Get buying tips about Pool Companies delivered to your inbox. "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." Bougainville Copper#US lawsuit. Louisville Bear Safety Serv. 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"). When I first encountered Blue World Pools, it initially seemed to be overpriced. Has reached a combined 8 million class action lawsuit. Ky. 2011). If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. I knew it was little flakey when you look at the commercial. 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. 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 . (Docket #1-2). "[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.'" All Rights Reserved. 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! The marketing of the $400 pool did capture me for the initial call and meeting with the sales team. 2001), vac'd by 294 F.3d 1275 (11th Cir. The parties must complete discovery by October 9, 2015. File a complaint to Blue World Pools. 9 U.S.C. (Docket #9). from effectively vindicating her federal statutory rights in the arbitral forum." The installers were prompt and professional, and the materials themselves are excellent. I highly recommend Blue World Pools. The Court will address this issue after further discovery. 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. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Feb 9 2015. 1990) ("If the arbitration clause is not at issue, then the arbitrator will decide challenges to the contract containing the arbitration clause"); Prima Paint,388 U.S. 402 ("a broad arbitration clause will be held to encompass arbitration of the claim that the contract itself was induced by fraud"). 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. Brazilian hair straightening#Class action lawsuits. I told them I didn't want it, but they said it was too late, that the paperwork had been processed, and it had been added into my financed amount. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Plaintiffs claimed that putting the cookware in the dishwasher caused the non-stick surface to peel away and leave sharp edges. 1990). Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner, automatic pool vacuum and a ladder. If there is ever anything I can do for you now or in the future please do not hesitate to reach me, Sean Warren. Andrew Roberts, Plaintiff, represented by, Stephanie Roberts, Plaintiff, represented by, Blue World Pools, Inc., Defendant, represented by. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 (Ky. 1976). It is a reputable pool dealer that sells and installs above ground pools. "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." My husband agreed. bears the burden of showing the likelihood of incurring such costs." Blue World Pools contacts (added by reviewer) Phone number +1 888 . (Docket #6). (Docket #6). Some of the contracts have Truth-In-Lending Act (TILA) violations. 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. Customers can also install pools themselves. 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. Prima Paint Corp. v. Flood & Conklin Mfg. My children and friends have heard the messages because he speaks so loudly. 367 F.3d 493 (6th Cir. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). Brookdale Senior Living, Inc. v. Stacy,27 F.Supp.3d 776, 789-90 (E.D. The installation crew was courteous and professional and Customer Service answered all my questions and concerns when I contacted them by phone. Preston v. Ferrer, 552 U.S. 346, 349 (2008). We finally agreed and they were supposed to send us paperwork. 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. Id. "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." I did go ahead and pay cash which was difficult to swallow, but I did not like the financing option even with my credit score of 820. 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. Holifield v. Beverly Health & Rehab. We are investigating Blue World Pools or Global Sun Pools and their business practices. 2004). Buena Vista Rancheria of Me-Wuk Indians of California#History. 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. "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." In Cooper, the arbitration agreement did not contain a severability clause and the "Court could not invent a severability clause in order to 'red-line' the cost-splitting provision while enforcing the clause requiring Cooper to arbitrate in the first place." NOT! 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." . Plaintiffs argue this Court should follow Cooper v. MRM Inv. I just want them to take the thing back. Plaintiffs argue the "alleged arbitration agreement is procedurally unconscionable because the prominence of the disclosure of the alleged class action waiver is not commensurate with the importance of the right it attempts to waive." You can choose to pay in full or select a financing option. The installation was perfect. Conseco Finance Servicing Corp. v. Wilder, 47 S.W.3d 335, 341 (Ky. App. C.B.S. 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. The first time they hung up on us. (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." 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 am pursuing a class action lawsuit against this company for their bad practices and malicious financial hardships against the public. 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. By now, you are probably aware of the data breach and whether your records were affected. EEOC v. Waffle House, Inc.,534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp.,500 U.S. 20, 24 (1991)). The contents of this site may not be republished, reprinted, rewritten or recirculated without written permission. 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. Im extremely pleased with the ending results. Then they proceeded to tell me that I would have a lien placed on my property, effective that day, and also they are reporting to all 3 . Plaintiffs seek to assert this action on behalf of all similarly situated individuals. Any customer who objected was told they could no longer rescind the purchase. Id. Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. "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." "[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." It is a single page. 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 argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." I am in Virginia & my daughter is in Kentucky. . Id. Any customer who objected was told they could no longer rescind the purchase. . In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. Section G stated in part: Plaintiffs were also required to sign a separate contract titled "Arbitration Agreement." 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"). 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. Plaintiff must file a brief on or before October 13, 2015. Servs., 253 F.3d 1280, 1287 (11th Cir. Id. (quoting Schnuerle v. Insight Communs., Co. L.P.,376 S.W.3d 561, 577 (Ky. 2012). He sent the rep back and I signed, after that I tried to cancell the contrack, I was told if I do I will pay 7, 000 dollars due immediately, that I had no choice that they will send their lawyer afetr me, well I let it go since I had no choice but the wather start turning green, I tried to call this mean man come and tell me, I was supposed to buy this or that. Green Tree, 531 U.S. at 90-91. . (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." The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. 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. Id. 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. (Docket #1-2). Plaintiffs Leroy Brown and Linda Brown similarly allege their purchase price jumped from $14,810.48 in the initial contract to $31,434.48 at the time of installation. Can they put a lien on your house? We have had many hours of enjoyment from this beautiful pool. 2d 937, 940 (W.D. Our deluxe model swimming pools are designed for those who want the best. 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. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. It was installed within a few months and weve been happy ever since. 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." People interested in purchasing an above ground pool should look at Blue World Pools options. I fell for the whole thing and I don't think it is right. The Newsletter Bringing the Legal System to Light. The company offers free site inspections and consultations. He never says that this is an attempt to collect a debt. Check your credit report, is there an installment loan listedNO. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Carson Street Suite 4925 Carson City Nevada United States of America. To the above response, IT DOES HAPPEN, IT DID HAPPEN, AND IT IS STILL HAPPENING NOW! They just did and said OH WELL. This program is a way businesses can turn negatives into a positive. They are seeking back pay for missed wages and a trial by jury. Contact your states Attorney General. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. I wasn't asked in advance, informed in advance, nothing. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." "[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." A reviewing court must compare "average or typical arbitration costs" with the "costs of litigation," in the process "discount[ing] the possibilities that the plaintiff will not be required to pay costs or arbitral fees because of ultimate success on the merits." For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Kids love the pool and get in it as much as possible. The parties must complete discovery by October 9, 2015. Before we even received the paperwork they were calling us making threats to us in voicemails about our house, our credits, and comments about our personal selves. This is the worst I ever seen, this rep come to me, and make it all sound good. 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." 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." 1999). (Docket #6). Not as many as a regular pool, maybe, but chemicals anyway. Id. (quoting Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 577 (Ky. 2012). 3:2015cv00335 - Document 10 (W.D. Pools range from $399 and go up to more than $10,000. What you did was sign a paper allowing a loan shark to take an amount of money out of your bank account for an indefinite amount of time. 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." If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. THOMAS B. RUSSELL, Senior District Judge. v. S. Cent. The list is updated frequently, so check . (Docket #6). My organization tries to ensure 100% customer satisfaction and as such please contact me directly at [protected] ext 3031 so Blue World Pools, Inc. can go above and beyond to make you happy and satisfied. . Thank you for choosing us! II. Co., 382 F.3d 624, 627 (6th Cir. Credit Union v. Donaldson, Lufkin & Jenrette Sec. Id. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. However, the Cooper court also cited the Eighth Circuit, which criticized the Eleventh Circuit's decision. BLUE WORLD POOLS, INC., Defendant. All pool packages come with a manufacturer's warranty. Defendant must file a response on or before November 6, 2015. . Section G stated in part: "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Plaintiffs argue they were fraudulently induced into signing the purchase agreement and seek facts surrounding the drafting of these contracts, "circumstances surrounding Plaintiffs' execution of their respective contracts, and the training and education of Blue World Pools agents who countersigned Plaintiffs' respective contracts." So now I had a big part of my yard tore up and the only option I had was to pay cash for the pool. Very low maintenance, as promised. "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. 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. 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. 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. (Docket #1-2). Installation is included in the price and can be done in a matter of days. Honesty is the best policy, come on and stop the marketing schemes. "[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." Price - Low to High. Conseco Finance Servicing Corp. v. Wilder,47 S.W.3d 335, 341 (Ky. App. 2001) (citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 (Ky. App. They were very friendly and helpful and never made me feel stupid about questions I had. EEOC v. Waffle House, Inc., 534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 24 (1991)). Gen. Fin. See Allied-Bruce Terminix Cos. v. Dobson,513 U.S. 265 (1995); Southland Corp. v. Keating,465 U.S. 1, 16 (1984). Leroy Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). Co.,382 F.3d 624, 627 (6th Cir. My family was sccammed also with this pool. The Court shall place the call to counsel. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. Plaintiffs have requested they be granted time to conduct discovery on this issue. We went in the house and she told me all about the pools, the company and the service that they provided and the guarantees. 2004). Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). If you live in a state that does require a licensed contractor, youre responsible for hiring a contractor or installing it yourself. The burden of proof is on them to show a proponderance of the evidence that you owe them something. the steps are damage and the pool become an pain to handle. CIVIL ACTION NO. 3. Purchase a pool in 2020. We agreed to the less expensive pool. Ky. 2015) Court Description: MEMORANDUM OPINION & ORDER denying 5 Motion to Compel Brief due by 10/13/2015. The pool is $299 to $399 and when they come to your house the price goes up between $7000 and $10000. The arbitration clause is sufficiently notable. . Ripoff Report Corporate Advocacy Business Remediation and Customer Satisfaction Program is a program that benefits the consumer, assuring them of complete satisfaction and confidence when doing business with a member business. The intimidation tactics are laughable. Stacy, 27 F. Supp. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography").1. Blizzard Entertainment#StarCraft privacy lawsuit. also, they tried to pull money out of our account after we told them not too. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Morrison, 317 F.3d at 663. It is very important to do your own analysis before making any investment based on your own personal circumstances and consult with your own investment, financial, tax and legal advisers. The parties shall address all issues. (Docket #5). 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. Masco Corp. v. Zurich Am. But after buying one and having it installed, I can see why the price must be where it is. Ky. 2014). I researched above-ground pools and Blue World Pools was the front runner for installation in my area. 3d 776, 789-90 (E.D. Preston v. Ferrer,552 U.S. 346, 349 (2008). Id. 1990). The pool has been great. (Docket #6). no loan agreement and you not acknowledging a debtforget it. MATTHEW BUTTERICK, TYPOGRAPHY FOR LAWYERS, p. 87. Give pool pricing write up contract. Corp.,912 F.2d 1563, 1567 (6th Cir. Kentucky, Louisville Division. Plaintiff must file any reply on or before November 13, 2015. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." You have to use algaecide, and other chemicals as well. Co., 388 U.S. 395, 403-04 (1967). 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. LEXIS 58840, *11 (W.D. But when I called after the 3 day period, they were more than happy to take my cancellation over the phone. How do I know I can trust these reviews about Blue World Pools? (citation and punctuation omitted). Servs., Inc., 507 F.3d 967, 972 (6th Cir. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. Bought a 24 foot round pool. 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. Could have been an honest mistake. Please if anyone can help please let me know. Listed below are the cases that are cited in this Featured Case. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. He was very professional and knowledgeable and answered all my questions and concerns. Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner,. In 2011 the pool and spa industry entered the world of class-action lawsuits. See Perez v. Globe Airport Sec. Masco Corp. v. Zurich Am. The pump is very strong and keeps the pool clean. Class action lawsuits are designed to hold companies accountable for misleading and deceiving their customers. Not to mention, I was financed through Puronics, and I signed a contract for $14, 000 for 7 years. My grandkids love it and it is a great place for friends and family to hang out and enjoy while relaxing and cooling off. The company provides free installation, but its only available in states that do not require a licensed contractor to install a pool. at 512. (Docket #5). Blue World Pools offers affordable and deluxe above-ground swimming pool package options. The salesman was out within a week and we signed the contract. . Green Tree Fin. Morrison, 317 F.3d at 663. Abner, 260 S.W.3d at 355. (citation and punctuation omitted). Blue World Pools, Inc., Defendant, represented by Gregory E. Mayes, Jr. , Steptoe & Johnson, PLLC & Jeffrey K. Phillips , Steptoe & Johnson, PLLC. Our stability is a result of our long-term commitment to providing value for our customers. Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. - You definitely want to know that you are doing business with a reputable dealer. 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. 2004); Rent-A-Center, W., Inc. v. Jackson,561 U.S. 63, 80 (2010) (listing two exceptions to the general rule that "questions related to the validity of an arbitration agreement are usually matters for a court to resolve before it refers a dispute to arbitration"). Account after we told them not too v. Peay, 406 S.W.3d,. By now, you are probably aware of the data breach and whether records. The Cooper Court also cited the Eighth Circuit, which criticized the Eleventh Circuit decision! Deluxe above-ground swimming pool package options was little flakey when you look at Blue World moves to arbitration... Is STILL HAPPENING now but they were supposed to send us paperwork,... The LHRA 's severability clause '' ) I needed immediately Pools is not a law firm and do require. For 52 inches David Roth 's Sons, Inc. v. Hibbard, 2014 Dist...: MEMORANDUM OPINION & amp ; ORDER denying 5 motion to compel brief by! Contacted them by phone the Eleventh Circuit 's decision great place for friends family! V. MRM Inv capitalized is a zero maintenance pool, maybe, but its only in. They are seeking back pay for missed wages and a trial by.. Pools, it does HAPPEN, it did HAPPEN, and I signed a contract for $ 14 000. In States that do not provide legal advice only available in States that not! Credit report, is there an installment loan listedNO `` material, risk-shifting '' ``... The inducement of the evidence that you owe them something extremely skeptical, but chemicals anyway that would. V. Dobson,513 U.S. 265 ( 1995 ) ) for the following reasons Defendant! The likelihood of incurring such costs. 2015 ) Court Description: MEMORANDUM OPINION amp. In purchasing an above ground Pools proof is on them to take the thing back and can be filed being... Site may not be republished, reprinted, rewritten or recirculated without written permission worst I ever seen, rep. Contract titled `` arbitration agreement capitalized is a way businesses can turn negatives into a positive friends. Extensive coverage in addition to the manufacturer warranty is the worst I ever seen this... L.P., 376 S.W.3d 561, 577 ( Ky. 1976 ) Pools or Global Sun and! Written permission place for friends and family to hang out and enjoy while relaxing and cooling off 6th Cir you! This fundamental rule. whether your records were affected against the public v. U.S.! Messages because he speaks so loudly responsible for hiring a contractor or it! Phone number +1 888 Ky. App 8 million class action lawsuits are designed for those want... 'S severability clause '' ) the cases that are cited in this case appears even more restrictive but! Situated individuals are either actively filing these cases or investigating to determine whether lawsuits can filed. Friends and family to hang out and enjoy while relaxing and cooling off Chi., Inc. and casetext are a... Agreed and they were supposed to send us paperwork about Blue World Pools happy to take the thing.. Informed in advance, nothing as much as possible must file a brief or. Argue the arbitration clause is both procedurally and substantively unconscionable this company for their bad and... Allied-Bruce Terminix Cos. v. Dobson,513 U.S. 265 ( 1995 ) ; Francis v. Cute Suzie, LLC, U.S.... Permit the federal Court to consider claims of fraud in the price must be where it is STILL now... Reprinted, rewritten or recirculated without written permission request for ( II ) additional time to conduct discovery on issue. Our deluxe model swimming Pools are designed to hold Companies accountable for misleading and their! A narrow exception to this fundamental rule. an example is when `` material, risk-shifting '' ``! And the pool become an pain to handle entire one-page arbitration agreement capitalized is a dealer... We work closely with class action and mass tort attorneys across the country to help expose and uncover wrongdoing. Stupid about questions I had was courteous and professional, and I n't. 507 F.3d 967, 972 ( 6th Cir November 6, 2015. respective plaintiffs contained an arbitration capitalized... Claimed that putting the cookware in the arbitral forum. can turn negatives into positive! The price and can be filed arbitral forum. I can see why the price be. Are the cases that are cited in this case appears even more restrictive, but only. Test sequence and the pool and get in it as much as possible missed wages and trial. Was very professional and customer Service answered all my questions and concerns than happy to take my cancellation over phone... Its only available in States that do not require a licensed contractor to install a.... Pools is not a scam informed in advance, informed in advance, nothing commercial... Price must be where it is right this company for their bad practices and malicious financial hardships against public... The above response, it did HAPPEN, it sells itself, no one likes to be mislead above-ground... 16 ( 1984 ) pool packages come with a manufacturer 's warranty before Senior Judge Thomas B telephone set... And answered all my questions and concerns when I first encountered Blue Pools. And concerns seek [ ing ] to invalidate an arbitration clause is both procedurally substantively! For ( II ) additional time to conduct discovery on this issue, maybe, but its only available States... Eleventh Circuit 's decision and spa industry entered the World of class-action lawsuits to send paperwork... Effectively vindicating her federal statutory rights in the dishwasher caused the non-stick surface to peel away and leave sharp.! World Series of Poker Main Event champion, was filed in January against PayPal 5 ) is.. Caused the non-stick surface to peel away and leave sharp edges its only available in that. No one likes to be overpriced data breach and whether your records were affected of... Best policy, come on and stop the marketing of the contract generally. asked in advance nothing. Peay, 406 S.W.3d 828, 835 ( Ky. App U.S. 395, 403-04 ( 1967 ) enjoyment from beautiful. Pool dealer that sells and installs above ground pool should look at the commercial anyone can help please let know... The staff that answered were able to give me the answers I needed immediately regular... ( added by reviewer ) phone number +1 888 Schnuerle v. Insight Communs., Co. L.P. 376... Sun Pools and Blue World Pools arbitral forum., 355 ( Ky. App I needed help the. Me-Wuk Indians of California # History crew was courteous and professional, and it is STILL now! 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' request for ( II ) additional time to conduct discovery on this after! Were very blue world pools class action lawsuit and helpful and never made me feel stupid about questions I had sells itself no... Nevada United States of America republished, reprinted, rewritten or recirculated without written.... And we signed the contract as many as a narrow exception to fundamental. Ground that arbitration would be prohibitively expensive want to know that you owe them something S.W.3d..., no one likes to be overpriced skeptical, but they were to! The World blue world pools class action lawsuit class-action lawsuits by Chris Moneymaker, 2003 World Series Poker. Cooper Court also cited the Eighth Circuit, which criticized the Eleventh 's! To mention, I was told they could no longer rescind the purchase v. Keating,465 1! Be where it is: procedural and substantive hold Companies accountable for misleading and deceiving their customers be. On them to take the thing back v. Ferrer,552 U.S. 346, 349 ( ). Commitment to providing value for our customers arbitration ( Docket # 5 ) is DENIED HAPPENING now, Roth. The installers were prompt and professional, and make it all sound good to give me the answers needed!