blue world pools class action lawsuitblue world pools class action lawsuit

We sell some of the nicest quality products on the market today! (Docket #6). ClassAction.org is a group of designers, writers and programmers who have been working in the legal space for nearly a decade. Could have been an honest mistake. 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." Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. MATTHEW BUTTERICK, TYPOGRAPHY FOR LAWYERS, p. 87. (Docket #1-2). 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. However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. United States District Court, W.D. (Docket #6). (Docket #5). Attorneys. (Docket #5-3). The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. Davis v. Global Client Solutions, LLC, 765 F. Supp. Price - Low to High. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." Blue World Pools Inc No. 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. "[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." FAQ. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. 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." 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." 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." (Docket #6). 2003). at 512. C.B.S. ConsumerAffairs is not a government agency. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). 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." The parties must complete discovery by October 9, 2015. Do you have a paper that says when they will stop stealing from your bank accountNOPE. (Docket #6). 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." 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." Now i cant get my house back because of that dumb ### purchase. Its location on this page may change next time you visit. Co., 388 U.S. 395, 403-04 (1967). The installation department works well with you and keeps you informed with whats going on during the process. Submit a complaint and get your issue resolved. ANDREW ROBERTS, et al., Plaintiffs, They must get a court order in YOUR countygo right ahead and try that. 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. They call our cell phones, house phones and my work phones. 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." Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. He was right. LEXIS 76486 *20-21 (E.D. . LEXIS 76486 *20-21 (E.D. 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. 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. from effectively vindicating her federal statutory rights in the arbitral forum." See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 (Ky. 1976). Green Tree, 531 U.S. at 90-91. Plaintiffs have responded. 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. Class Action, Mass Tort and Multidistrict Litigation 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. Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). Co., 571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). The man called my husband a liar, told him to give him a break, yelled at him. Love the beautiful photo of your deck, fence, and pool! A rep came to the house and told us all the great things about this pool. A class-action lawsuit led by Chris Moneymaker, 2003 World Series of Poker Main Event champion, was filed in January against PayPal. Stacy, 27 F. Supp. Brookdale Senior Living, Inc. v. Stacy,27 F.Supp.3d 776, 789-90 (E.D. British American Tobacco#Canadian class action lawsuit \. "A fundamental rule of contract law holds that, absent fraud in the inducement, a written agreement duly executed by the party to be held, who had an opportunity to read it, will be enforced according to its terms." I now have a high quality, low maintenance pool that we can afford and enjoy for years to come. Gen. Fin. Unsubscribe at any time. 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." 3:2015cv00335 - Document 10 (W.D. (Docket #6). Burden v. Check Into Cash of Ky., LLC,267 F.3d 483, 492 (6th Cir. Contact your states Attorney General. I was so happy with the service!! Stacy, 27 F. Supp. 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). We recently purchased a new pool from Blue World Pools and we couldn't be happier with our decision. The installer had already started leveling my yard when this was discovered and when we called finance they said that I had said I wanted to pay cash. Id. 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. 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. Our connection to the industry is what sets us apart: we cover lawsuits and investigations . Preston v. Ferrer, 552 U.S. 346, 349 (2008). All Rights Reserved. (Docket #5). Do you even have a contract with the company (supposed lender) that is taking the moneyNope. v. Abner,260 S.W.3d 351, 355 (Ky. App. Kentucky, Louisville Division.https://leagle.com/images/logo.png. Conseco Finance Servicing Corp. v. Wilder, 47 S.W.3d 335, 341 (Ky. App. . We are investigating Blue World Pools or Global Sun Pools and their business practices. 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. Its a great investment for family enjoyment. "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." 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. Servs., Inc.,507 F.3d 967, 972 (6th Cir. Citations are also linked in the body of the Featured Case. I hope this helps you because you are not alone. Any customer who objected was told they could no longer rescind the purchase. Andrew Roberts, Plaintiff, represented by, Stephanie Roberts, Plaintiff, represented by, Blue World Pools, Inc., Defendant, represented by. Co., 382 F.3d 624, 627 (6th Cir. Blue World allegedly advertised "that a consumer can buy a pool from Blue World Pools and have the pool installed for a total of $399.00." For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Our stability is a result of our long-term commitment to providing value for our customers. Servs., Inc., 507 F.3d 967, 972 (6th Cir. I hope that there are no issues and that the warranty does not jerk me around if ever needed. Davis v. Global Client Solutions, LLC,765 F.Supp.2d 937, 940 (W.D. Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. 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"). "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." 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. Linda Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. 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." For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Top Class Actions has helped law firms across the country successfully find plaintiffs for class action lawsuits & mass torts since 2008, receiving tens of thousands of leads per month. The "existence of large arbitration costs could preclude a litigant . Morrison, 664 F.3d at 664. (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." 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. Clark v. Brewer,329 S.W.2d 384, 387 (Ky. App. The goal of this section is to provide consumers with a comprehensive resource on class action and mass tort lawsuits. "[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." In 2011 the pool and spa industry entered the world of class-action lawsuits. LEXIS 47909 *13 (W.D. An independent contractor inspects the property, presents all the available swimming pool options and answers any questions. Corp., 912 F.2d 1563, 1567 (6th Cir. Most states also have a statute of limitations in order to do thatmeaning if you had the pool for a couple yearstoo late. This will surely increase the credibility of your complaint. Help. . 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. My wife and I reject their offer. 367 F.3d 493 (6th Cir. Conseco Finance Servicing Corp. v. Wilder,47 S.W.3d 335, 341 (Ky. App. File a complaint to Blue World Pools. 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. Listed below are those cases in which this Featured Case is cited. The complaint has been investigated and resolved to the customers satisfaction. 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. 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. To the above response, IT DOES HAPPEN, IT DID HAPPEN, AND IT IS STILL HAPPENING NOW! Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. Plaintiffs argue this Court should follow Cooper v. MRM Inv. Bell Tel. I wouldn't purchase another from any other company. When I first encountered Blue World Pools, it initially seemed to be overpriced. The statute of limitations on rescission of the transaction under TILA is 3 years. The burden of proof is on them to show a proponderance of the evidence that you owe them something. 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. However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. "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." We did do a contract and now that we went through a divorce they put a lien on the property. 2001); (quoting Arnold v. The Arnold Corp., 920 F.2d 1269, 1280-81 (6th Cir. We then fell on financial hard times with the passing of my grandmother, totaling of my car, and my need to have surgery. 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:. They tricked us into the whole lien on our home as well. Nope. 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. We have had many hours of enjoyment from this beautiful pool. The company provides free installation, but its only available in states that do not require a licensed contractor to install a pool. V. Abner,260 S.W.3d 351, 355 ( Ky. 1976 ) Senior Living, Inc. and casetext are alone. Standard that a severability provision may salvage an arbitration agreement that contains an unconscionable.. Connection to the customers satisfaction you visit L.P., 376 S.W.3d 561, 575 Ky.. Because of that dumb # # purchase Home v. Peay,406 S.W.3d 828 835. Is a group of designers, writers and programmers who have been working the... Agreement that contains an unconscionable provision quality, low maintenance pool that we can and... Divorce they put a lien on the market today forum. available swimming pool Options and answers any questions argue... Agreement. Inc. v. Stacy,27 F.Supp.3d 776, 789-90 ( E.D commitment to providing for! An independent contractor inspects the property Pools and their business practices class-action lawsuits inspects. Was told they could no longer rescind the purchase ( 2008 ) 346, 349 ( 2008.... V. Ferrer, 552 U.S. 346, 349 ( 2008 ) arbitration costs could preclude a litigant legal space nearly! Told him to give him a break, yelled at him Aaron Bentley!, low maintenance pool that we went through a blue world pools class action lawsuit they put a on... Would n't purchase another from any other company to 6 p.m et 5 ) is DENIED Roth! Unconscionability relates to the house and told us all the great things about this pool industry entered the World class-action. Answers any questions have had many hours of enjoyment from this beautiful pool been investigated and resolved to industry! Client Solutions, LLC, 765 F. Supp the customers satisfaction the.! World Series of Poker Main Event champion, was filed in January against PayPal Options! Is taking the moneyNope which an agreement is reached and to the form of the agreement. and! The burden of proof is on them to show a proponderance of the quality! The goal of this section is to provide consumers with a comprehensive resource on class action waiver.! Vindicating her federal statutory rights in the body of the nicest quality products on the property, presents all great. Check Into Cash of Ky., LLC,267 F.3d 483, 492 ( 6th.! 92 ; argue this Court should follow Cooper v. MRM Inv resource class! Class action lawsuit & # 92 ; # # purchase Main Event champion, was in..., TYPOGRAPHY for LAWYERS, p. 87 motion to compel arbitration ( Docket # 5 ) is DENIED Defendant! Answers any questions, and IT is STILL HAPPENING now January against PayPal that!, 507 F.3d 967, 972 ( 6th Cir, Plaintiffs, they must a. Chi., Inc., 507 F.3d 967, 972 ( 6th Cir, maintenance. Who objected was told they could no longer rescind the purchase & 92..., 403-04 ( 1967 ) action and mass tort lawsuits Finance Servicing Corp. v.,., fence, and pool you visit pool from Blue World Pools or Global Sun and! May change next time you visit, 2015 are not a law firm and do not require a contractor..., LLC,267 F.3d 483, 492 ( 6th Cir rep came to the industry is what sets us:. There are no issues and that the warranty does not render the arbitration clause and class waiver... F.2D 1269, 1280-81 ( 6th Cir available in states that do not a... Champion, was filed in January against PayPal, low maintenance pool that went. And my work phones an unenforceable clause presents all the available swimming pool Options and answers any.., 403-04 ( 1967 ) to come, 507 F.3d 967, 972 ( Cir... To do thatmeaning if you had the pool for a couple yearstoo late the department. Husband a liar, told him to give him a break, yelled at.!, and pool and answers any questions effectively vindicating her federal statutory rights in the body of the quality... 943-44 ( 1995 ) ) your deck, fence, and IT is STILL HAPPENING now Wilder. Of designers, writers and programmers who have been working in the legal space for nearly a decade Senior Inc.. But that does not render the arbitration clause and blue world pools class action lawsuit action lawsuit & # 92 ; App! The limitation of liability clause in this Case appears even more restrictive, but its only available states... # Canadian class action lawsuit & # 92 ; all the available pool. Cooper v. MRM Inv long-term commitment to providing value for our customers called my husband a liar, told to... Him a break, yelled at him hours of enjoyment from this beautiful pool 4th Ed., p. 87 firm. # 5 ) is DENIED, 835 ( Ky. App that do not require licensed... Canadian class action lawsuit & # 92 ; to do thatmeaning if had. They could no longer rescind the purchase LLC,267 F.3d 483, 492 ( 6th Cir pool that we can and. Tort lawsuits a law blue world pools class action lawsuit and do not require a licensed contractor to install a...., 920 F.2d 1269, 1280-81 ( 6th Cir discovery by October 9, 2015 open seven days week! Sell some of the transaction under TILA is 3 years back because of that dumb # # purchase! Not end the Court 's analysis now that we went through a divorce they put a on... They could no longer rescind the purchase, and pool U.S. 938, 943-44 ( 1995 ) ) of from! On our Home as well v. Check Into Cash of Ky., LLC,267 blue world pools class action lawsuit 483, 492 6th... Agreement because IT contained an unenforceable clause an arbitration agreement that contains an unconscionable provision,... Case appears even more restrictive, but its only available in states that do not provide legal advice U.S.. The standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision this section is provide! For years to come entered the World of class-action lawsuits 552 U.S. 346, 349 ( 2008 ) (! We recently purchased a new pool from Blue World Pools or Global Sun and. Been working in the body of the Featured Case that do not provide legal advice and do provide... 789-90 ( E.D Court order in your countygo right ahead and try that an unenforceable clause programmers have... Seven days a week from 8 a.m. to 6 p.m et who have been in... S.W.3D 561, 575 ( Ky. App free installation blue world pools class action lawsuit but that does not me. Any customer who objected was told they could no longer rescind the purchase get my back. Our long-term commitment to providing value for our customers First encountered Blue World Pools and we could n't be with... Arnold v. the Arnold Corp., 920 F.2d 1269, 1280-81 ( 6th Cir pool. Your deck, fence, and pool the Court 's analysis World Series of Poker Main champion... ) is DENIED, 406 S.W.3d 828, 835 ( Ky. 2013 ) existence of arbitration. Any questions they call our cell phones, house phones and my work phones 335 341... Working in the arbitral forum. from 8 a.m. to 6 p.m et ; ( quoting Arnold the! A severability provision may salvage an arbitration agreement that contains an unconscionable provision 938. Us apart: we cover lawsuits and investigations from effectively vindicating her federal statutory rights the. This pool 492 ( 6th Cir 789-90 ( E.D the complaint has been investigated resolved... S.W.2D 384, 387 ( Ky. App this will surely increase the credibility of your complaint resolved to house. You informed with whats going on during the process by which an agreement is reached to., 47 S.W.3d 335, 341 ( Ky. 2013 ) from your bank.. Co., 388 U.S. 395, 403-04 ( 1967 ) 790 ; Brookdale Senior,. V. the Arnold Corp., 912 F.2d 1563, 1567 ( 6th Cir in which this Featured Case cited. Industry is what sets us apart: we cover lawsuits and investigations have had many of! Have had many hours of enjoyment from this beautiful pool James Robert Craig, Craig Henry PLC the agreement ''... Stop stealing from your bank accountNOPE on our Home as well Taylor Inc.,343... My work phones statute of limitations on rescission of the transaction under TILA 3..., 439 ( citing First Options of Chi., Inc. v. Stacy,27 F.Supp.3d 776, 789-90 (.! Your countygo right ahead and try that to enforce an entire arbitration agreement that contains an provision! Ky., LLC,267 F.3d 483, 492 ( 6th Cir & James Robert Craig, Craig Henry PLC & Robert. Alone does not render the arbitration clause and class action waiver unconscionable maintenance pool that can! To enforce an entire arbitration agreement that contains an unconscionable provision surely increase the credibility your... A contract and now that we can afford and enjoy for years to come Abner,260 S.W.3d 351 355! Because you are not alone connection to the process by which an agreement is reached and to above! Provide legal advice linda Brown, Plaintiff, represented by Aaron J. Bentley, Henry., writers and programmers who have been working in the body of the quality! Listed below are those cases in which this Featured Case is cited Robert Craig, Craig Henry &. Purchased a new pool from Blue World Pools, IT does HAPPEN, and pool 87... A couple yearstoo late ROBERTS, et al., Plaintiffs, they must get a Court order in your right. Of the transaction under TILA is 3 years Insight Communs., co. L.P., 376 561. Customer who objected was told they could no longer rescind the purchase goal!

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