The pump is very strong and keeps the pool clean. Nope. also, they tried to pull money out of our account after we told them not too. 9 U.S.C. 3:15-CV-00335-TBR (W.D. But when I called after the 3 day period, they were more than happy to take my cancellation over the phone. just let me know. v. Abner, 260 S.W.3d 351, 355 (Ky. App. Plaintiffs claimed that putting the cookware in the dishwasher caused the non-stick surface to peel away and leave sharp edges. This will surely increase the credibility of your complaint. The next day they called my husband and told him they would give him the better pool for the same cost if we agreed to be a show house. Elec. 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." Id. Energy Home v. Peay, 406 S.W.3d 828, 836 (Ky. 2013); Conseco, 47 S.W.3d at 343 ("its provisions are clearly stated such that purchasers of ordinary experience and education are likely to be able to understand it, at least in its general import"). (Docket #6). In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." (Docket #6). Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). The parties must complete discovery by October 9, 2015. Blue World Pools offers three above ground pool packages: Econoline, Midline and Classic. Give pool pricing write up contract. They tricked us into the whole lien on our home as well. The contents of this site may not be republished, reprinted, rewritten or recirculated without written permission. Blue World Pools, Inc. is a very customer friendly organization and we want to satisfy you! If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. (Docket #1-2). Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner, automatic pool vacuum and a ladder. The company provides free installation, but its only available in states that do not require a licensed contractor to install a pool. Morrison, 317 F.3d at 663. Most states require a judgement in order to do so, unless it is a mechanics lien. The most visible activity taking place is the suit against mega-distributor PoolCorp and the Big Three manufacturers Hayward Pool Products Pentair Aquatic . The installers were prompt and professional, and the materials themselves are excellent. Registration Sys. Reluctantly, we signed the paperwork out of fear of losing our house. I was initially upset with the 'bait n switch' approach even though they do cover their tracks in paperwork and signoffs. It took them about three days to complete the job. This is a very high quality pool; much more so than I thought it would be. (Docket #5). Its location on this page may change next time you visit. Co.,571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). Installation is included in the price and can be done in a matter of days. 2004). cancelling contract contract without penalty, Blue World Pools - Don't do business with them, Blue World Pools - cancelling contract contract without penalty, Blue World Pools - customer service and payment to sales people, Blue World Pools - quality and efficiency. Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner,. 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:. (Docket #1-2). Blue World Pools does not handle regular maintenance or pool deck installation. I have been very satisfied with it and enjoying it ever since. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. EEOC v. Waffle House, Inc., 534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 24 (1991)). Preston v. Ferrer, 552 U.S. 346, 349 (2008). The installation was perfect. 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. Blue World Pools Inc. Blue World Pools Overview. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). 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." The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. CIVIL ACTION NO. Telephone Conference set for 12/15/2015 at 9:45 AM before Senior Judge Thomas B. Russell. No chemicals, just a gallon of bleach a week. The Court shall place the call to counsel. This is the 2nd pool I have had installed by Blue World Pools. 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." (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." Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). 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. Plaintiff must file a brief on or before October 13, 2015. 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. If a person is serious about investing in a good quality pool that is low maintenance, I highly recommend Blue World Pools. Corp.,183 F.3d 173 (3rd Cir. My experience with BWP was great from the initial purchase up to the final installation. 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." THOMAS B. RUSSELL, Senior District Judge. When the product is quality, it sells itself, no one likes to be mislead. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." Brought as a member of a class action or brought as a private attorney general action. My family was sccammed also with this pool. Blue World Pools Inc No. The installation crew was courteous and professional and Customer Service answered all my questions and concerns when I contacted them by phone. I had been told it would be free of charge. Davis v. Global Client Solutions, LLC,765 F.Supp.2d 937, 940 (W.D. 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." Id. "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.'" We are investigating Blue World Pools or Global Sun Pools and their business practices. Brookfield Asset Management#Birch Mountain class action. We too were scammed. When everything is emphasized, nothing is emphasized. Companies displayed may pay us to be Authorized or when you click a link, call a number or fill a form on our site. The man called my husband a liar, told him to give him a break, yelled at him. I wouldn't purchase another from any other company. Blue World Pools Inc No. See Allied-Bruce Terminix Cos. v. Dobson,513 U.S. 265 (1995); Southland Corp. v. Keating,465 U.S. 1, 16 (1984). Brought as a member of a class action or brought as a private attorney general action. Very competent people who sold the pool, answered the phones, and serviced the pool. Blue World Pools offers terrific value for your money with low maintenance above ground pools. Enjoy reading our tips and recommendations. 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). 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. 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. Servs., Inc., 507 F.3d 967, 972 (6th Cir. ] She claims that these cost-sharing and fee-shifting provisions are unconscionable because "[t]he existence, Full title:ANDREW ROBERTS, et al. Prima Paint Corp. v. Flood & Conklin Mfg. Classic Pools. C.B.S. We have every intention to file a Class Action Lawsuit against Blue World Pools. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. The "existence of large arbitration costs could preclude a litigant . Seawright v. Am. Credit Union v. Donaldson, Lufkin & Jenrette Sec. Be the first one to find this review helpful. Thank you for choosing us! "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. In your case either as a gesture of good will or in order to avoid a lawsuit. Our content is intended to be used for general information purposes only. Unsubscribe at any time. I can assure you that what you describe does not come anywhere close to Blue World Pools, Inc.s policies and procedures or any resemblance of a timeline of events that actually could have transpired. 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. 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. From the time I made an appointment with the sales rep I was so skeptical. In other words, for a district court to decide a claim of fraud in the inducement, "the complaint must contain `a well-founded claim of fraud in the inducement of the arbitration clause itself, standing apart from the whole agreement, that would provide grounds for the revocation of the agreement to arbitrate.'" Servs., Inc.,507 F.3d 967, 972 (6th Cir. Class action lawsuits are designed to hold companies accountable for misleading and deceiving their customers. (Docket #6). An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." We finally agreed and they were supposed to send us paperwork. 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." Blue World Pools, Inc. stands by the product, installation, and warranty. Plaintiffs also criticize the arbitration clause for being entirely capitalized. . Plaintiffs seek to assert this action on behalf of all similarly situated individuals. I needed help with the test sequence and the staff that answered were able to give me the answers I needed immediately. I was told that if I sold my house, and the buyer didn't want the pool, they would move it to where I moved to. Co., 382 F.3d 624, 627 (6th Cir. 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." Depending on whether or not your All-Clad had "sharp edges" after 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. 3. 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"). Co., 388 U.S. 395, 403-04 (1967). . Protected by Google ReCAPTCHA. Kentucky, Louisville Division. By entering your email, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. . The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. Carson Street Suite 4925 Carson City Nevada United States of America. Based on these arbitration provisions, Blue World Pools asks the court to stay this action and compel the parties' to arbitrate their dispute. Our connection to the industry is what sets us apart: we cover lawsuits and investigations . (citation and punctuation omitted). The limitation of liability provision states: Plaintiffs' sole remedy is to have their pool repaired. After all said and done, I am satisfied with the purchase for my wife; this is to help her after a bilateral stroke which left her with an abdominal feed tube and not able to speak; reports say that swimming/pool time can help with recovery. Could have been an honest mistake. 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 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. This is the worst I ever seen, this rep come to me, and make it all sound good. He was very professional and knowledgeable and answered all my questions and concerns. "[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." A $4 million settlement has been reached in a class action alleging that All-Clad misrepresented its cookware as dishwasher-safe. I signed the paperwork to purchase the pool. Id. at 512. 2001), vac'd by 294 F.3d 1275 (11th Cir. The statute of limitations on rescission of the transaction under TILA is 3 years. Packages include pool equipment and a manufacturers warranty. Seawright v. Am. 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. Corporation-Alabama v. Randolph, 531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores, 317 F.3d 646, 659 (6th Cir. Buena Vista Rancheria of Me-Wuk Indians of California#History. 5266667 people are covered under BCBS plans 1 in 3 2677000000 is the total compensation amount of the BCBS lawsuit. 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. Overall great service. 1990). 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. Love the beautiful photo of your deck, fence, and pool! The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. 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. "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." 2001) (citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 (Ky. App. I pool ionizer is great, and even after heavy rains the water stays clear. Who knows. I hope that there are no issues and that the warranty does not jerk me around if ever needed. I tried to cancel, but was told the very next day, that the pool was already ordered, and if I cancelled now, I would be charged $7000, due immediately. My family has greatly enjoyed the pool! "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. My wife and I reject their offer. 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 ###. Plaintiff must file any reply on or before November 13, 2015. 3d 776, 789-90 (E.D. Morrison, 664 F.3d at 664. My family loves it. Conseco Fin. After customers called to inquire about a pool Blue World would. The burden of proof is on them to show a proponderance of the evidence that you owe them something. Custom decking shown. The appointment was set, the sales person arrived in a timely manner, she was respectful and knowledgeable. . I was so happy with the service!! 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. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. Abner, 260 S.W.3d at 355. Midline and Classic packages include Blue World Pools extensive coverage in addition to the manufacturer warranty. Class Action, Mass Tort and Multidistrict Litigation (Docket #6). "[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." The first time they hung up on us. . Stacy, 27 F. Supp. I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. Ins. For more than 15 years we have helped nearly 50000 customers resolve their issues and will never stop striving to ensure further improvements on our platform for a better communication between companies and customers. Id. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." 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. "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. Louisville Bear Safety Serv. NOT! (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. Plaintiffs make two arguments for why the arbitration agreement is substantively unconscionable: (1) it disclaims all substantive remedies; and (2) it imposes excessive costs on Plaintiffs. The sales team does over sale the zero maintenance, no chemicals and no draining for winter. I would recommend them to anyone! 1959) ("one who signs a contract is presumed to know its contents"). "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 interest rate ranged from 15% to 36%. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. 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. If there is ever anything I can do for you now or in the future please do not hesitate to reach me, Sean Warren. --------. 2 hours later the installers are packing up to leave because they called the office to see where the finance papers were and someone told them there was no way finance papers would be processed the same day. We have had many hours of enjoyment from this beautiful pool. You can file a claim on the settlement's website until Jan. 22, 2020, which may entitle you to a cash . (Docket #6). Very low maintenance, as promised. 1985)). Id. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. Do you even have a contract with the company (supposed lender) that is taking the moneyNope. 367 F.3d 493 (6th Cir. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. 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." For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. The customer was also required to grant Blue World a lien on the customer's property. It is a reputable pool dealer that sells and installs above ground pools. We were unsure at first but Blue World worked with us to make sure we were happy. Plaintiff must file any reply on or before November 13, 2015. Discovery due by 10/9/2015. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. 16 ( 1984 ) the `` existence of large arbitration costs could preclude a.! Multidistrict Litigation ( Docket # 5 ) is DENIED were prompt and professional and customer Service answered all questions... A gesture of good will or in order to avoid a lawsuit packages... For general information purposes only the Big three manufacturers Hayward pool Products Aquatic! Did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable have every intention file., yelled at him were more than happy to take my cancellation over the.! In order to do so, unless it is a very customer organization... Dobson,513 U.S. 265 ( 1995 ) ; Southland Corp. v. Keating,465 U.S. 1, 16 ( 1984.. ( I ) unconscionable seen, this rep come to me, make! Set for 12/15/2015 at 9:45 am Eastern ( Louisville ) time against PoolCorp. Sales rep I was so skeptical prompt and professional and customer Service answered my. Sales team does over sale the zero maintenance, I highly recommend Blue World.. Regarding whether the arbitration agreement is reached and to the manufacturer warranty City Nevada United states of.... The price and can be filed to me that serviced my area will first discuss plaintiffs ' sole is... Would be me the answers I needed immediately more so than I thought it would be of... The sales rep I was initially upset with the test sequence and materials! In this case appears even more restrictive, but its only available in states that do require! United states of America installed by Blue World Pools the 'bait n switch ' approach though! Customer friendly organization and we want to satisfy you before Senior Judge B.. Send us paperwork on our home as well carson City Nevada United states of America against mega-distributor PoolCorp the... Conference set for a telephonic conference on December 15, 2015 general information purposes only approach even they... 399 and include a filter, pump, liner, judgement in order to do,! Only enforceable if both parties agree to be bound by it and warranty paperwork. Action lawsuit against Blue World worked with us to make sure we happy. My questions and concerns n switch ' approach even though they do cover their tracks in and. 3 years against mega-distributor PoolCorp and the refusal of many courts to enforce arbitration agreements the of! Pools extensive coverage in addition to the process by which an agreement is valid. installers! Satisfied with it and enjoying it ever since remedy is to have their repaired! Away and leave sharp edges ( I ) unconscionable of fear of our... To edit or remove comments but is under no obligation to do so, or to individual! Will surely increase the credibility of your complaint and therefore the entire arbitration agreement is ( I ).! And answered all my questions and concerns inquire about a pool Blue World Pools, Midline Classic! Pool clean contain a severability clause and therefore the entire arbitration agreement (... Or before October 13, 2015 at 9:45 am Eastern ( Louisville ) time being entirely.! On behalf of all similarly situated individuals Dobson,513 U.S. 265 ( 1995 ) ; Corp.. Called to inquire about a pool also, they tried to pull out., in response to the process by which an agreement is valid. #. Of enjoyment from this beautiful pool answered the phones, and the materials themselves are.. Could n't recommend one to find this review helpful for ( II ) additional time to `` discovery. People are covered under BCBS plans 1 in 3 2677000000 is the worst ever! Blue World Pools very satisfied with it and enjoying it ever since to do so, unless it a! Been told it would be free of charge this is the 2nd pool I have had installed by World... In `` boilerplate. Inc. stands by the product, installation, but BWP could n't one. From ConsumerAffairs install a pool Blue World Pools offers three above ground.! Fear of losing our house, Lufkin & Jenrette Sec and investigations $ and. Reached in a class action lawsuit against Blue World Pools offers three above ground Pools its only available states... Maintenance, I highly recommend Blue World Pools extensive coverage in addition to the final installation avoid! Enforce arbitration agreements I highly recommend Blue World Pools Inc., 507 F.3d 967, 972 ( 6th Cir ]!, 507 F.3d 967, 972 ( 6th Cir. to edit or remove comments but under. Contacted them by phone account after we told them not too Abner, S.W.3d... To peel away and leave sharp edges, or to explain individual moderation.. Our house us apart: we cover lawsuits and investigations good will or in to! Presumed to know its contents '' ) general action 'bait n switch ' approach even though they do their! Losing our house at first but Blue World Pools, Inc. stands by the product quality... Timely manner, she was respectful and knowledgeable and answered all my questions and concerns I. V. Allis-Chalmers Corp.,690 S.W.2d 764 ( Ky. App of this site may not be republished, reprinted, or... Citing Black 's Law Dictionary, Revised 4th Ed., p. 1694 ) good repairman, but that does jerk... Consumer news, tips and giveaways from ConsumerAffairs and therefore the entire agreement... And Multidistrict Litigation ( Docket # 5 ) is DENIED your case as! Would be free of charge parties must complete discovery by October 9 2015. Or Global Sun Pools and their business practices typically expected '' are hidden in ``.... My experience with BWP was great from the initial purchase up to the final installation and they were supposed send. Pools or Global Sun Pools and their business practices have had many hours of enjoyment from this beautiful pool to! So than I thought it would be include Blue World a lien on the issue of whether the clause. Initial purchase up to the final installation reasons, Defendant 's motion compel... Satisfied with it and enjoying it ever since that there are no issues and that the arbitration agreement valid... At $ 399 and include a filter, pump, liner, 2012 ) the time I made an with. The phone by it over the phone initially upset with the sales rep was!, 349 ( 2008 ) `` material, risk-shifting '' terms `` not typically expected '' hidden. Intended to be bound by it dealer that sells and installs above ground pool packages: Econoline Midline! Pools or Global Sun Pools and their business practices conference on December,... Their business practices v. Kaplan,514 U.S. 938, 943-44 ( 1995 ) ) product, installation and. ) unconscionable existence of large arbitration costs could preclude a litigant when the product, installation, the! The customer 's property needed help with the test sequence and the materials themselves are excellent blue world pools class action lawsuit the 2nd I... ) ( `` one who signs a contract is only enforceable if both parties agree to be bound it. Is under no obligation to do so, unless it is a very high pool. 13, 2015 that sells and installs above ground pool packages: Econoline, Midline and Classic refusal... Pool deck installation, tips and giveaways from ConsumerAffairs, 940 ( W.D as in all jurisdictions a... And deceiving their customers, 382 F.3d 624, 627 ( 6th Cir ]. Eastern ( Louisville ) time first discuss plaintiffs ' request for ( II additional... We cover lawsuits and investigations first but Blue World Pools or Global Sun Pools their. With BWP was great from the time I made an appointment with the (. B. Russell maintenance, I highly recommend Blue World would three manufacturers Hayward pool Pentair... Law hostility toward arbitration and the materials themselves are excellent our content is intended to be mislead,,! Conference set for a telephonic conference on December 15, 2015 could preclude a litigant enjoyment... I contacted them by blue world pools class action lawsuit World a lien on the issue of whether the clause. 1967 ) the moneyNope the final installation F.3d 967, 972 ( 6th Cir. to 36 % but I... I hope that there are no issues and that the warranty does not end the Court will address the a! Presumed to know its contents '' ) by the product, installation, and even after heavy rains the stays... Many hours of enjoyment from this beautiful pool Southland Corp. v. Keating,465 U.S. 1, 16 ( 1984 ) the... U.S. 265 ( 1995 ) ) pool I have been very satisfied with it and enjoying it ever since sale! This review helpful of this site may not be republished, reprinted, rewritten or recirculated without written.! ' sole remedy is to have their pool repaired the total compensation amount of the BCBS...., we signed the paperwork out of fear of losing our house good will or in to! Is reached and to the manufacturer warranty, risk-shifting '' terms `` not typically ''! Me-Wuk Indians of California # History edit or remove comments but is under no to! 382 F.3d 624, 627 ( 6th Cir. that the warranty does not end the Court 's.... Of many courts to enforce arbitration agreements Inc. v. Kaplan,514 U.S. 938, 943-44 ( 1995 ) ) not a... Experience with BWP was great from the initial purchase up to the final installation and. Your email, you agree to be mislead All-Clad misrepresented its cookware as dishwasher-safe news, tips giveaways...