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"). despite all my efforts these peoples keep pressuring me that they are going to take my house if I dont make my payments. But the pool is installed and we are enjoying it with our grandkids. (quoting Javitch, 315 F.3d at 624); "Because arbitration agreements are fundamentally contracts," the Court must "review the enforceability of an arbitration agreement according to the applicable state law of contract formation." I knew it was little flakey when you look at the commercial. 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. Servs., 253 F.3d 1280, 1287 (11th Cir. 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. 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"). A class-action lawsuit led by Chris Moneymaker, 2003 World Series of Poker Main Event champion, was filed in January against PayPal. Id. 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. She measured where the pool would go and where I wanted it to go. 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. Ky. 2014). How do I know I can trust these reviews about Blue World Pools? 5266667 people are covered under BCBS plans 1 in 3 2677000000 is the total compensation amount of the BCBS lawsuit. Well, that was going to cost me $3500 to get it moved. No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Do you have a paper that says when they will stop stealing from your bank accountNOPE. The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." also, they tried to pull money out of our account after we told them not too. (Docket #1-2). Ky. 2015) Court Description: MEMORANDUM OPINION & ORDER denying 5 Motion to Compel Brief due by 10/13/2015. (Docket #1-2). They put in contract that you must cancel within 3 days by mail. no loan agreement and you not acknowledging a debtforget it. Green Tree Fin. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. ANALYSIS Id. 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. Monthly bleach is required, some drainage and removal of pump and ionizer is required for winter. File a complaint to Blue World Pools. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). 367 F.3d 493 (6th Cir. The suit, filed in October by former Blue Apron employee Rashida Fairley on behalf of all hourly employees, was moved to a federal court in California this week. Servicing Corp. v. Wilder,47 S.W.3d 335, 343 (Ky. App. (Docket #6). "[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.'" (Docket #6). Listed below are the cases that are cited in this Featured Case. Plaintiffs also criticize the arbitration clause for being entirely capitalized. Id. The parties shall address all issues. The parties must complete discovery by October 9, 2015. Clark v. Brewer,329 S.W.2d 384, 387 (Ky. App. Im not paying another dime. Financing options are available on Midline and Classic pool models. "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." An independent contractor inspects the property, presents all the available swimming pool options and answers any questions. The statute of limitations on rescission of the transaction under TILA is 3 years. 128 reviews of Blue World Pools "WORST company EVER! This matter is before the Court upon Defendant's motion to compel arbitration. Plaintiff must file a brief on or before October 13, 2015. All Rights Reserved. This is the worst I ever seen, this rep come to me, and make it all sound good. You can file a claim on the settlement's website until Jan. 22, 2020, which may entitle you to a cash . Co., 571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). Then they said they would send over the proper forms and to go sit by my computer and wait for them. (Docket #6). . ANDREW ROBERTS, et al., Plaintiffs, 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"). Also, did you sign an installment agreement with the required true interest cost? For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. 2001) (citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 (Ky. App. "[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.'" The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. 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"). "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. 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. I needed help with the test sequence and the staff that answered were able to give me the answers I needed immediately. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc., 343 S.W.2d 389, 391 (Ky. 1976). I want to sue these people and do not know how. They tricked us into the whole lien on our home as well. Companies displayed may pay us to be Authorized or when you click a link, call a number or fill a form on our site. Pools range from $399 and go up to more than $10,000. Holifield v. Beverly Health & Rehab. This will surely increase the credibility of your complaint. Preston v. Ferrer,552 U.S. 346, 349 (2008). We also can push your legitimate claim rate up to 25%, depending on your settlement, with our various strategies to broadcast your message. The company delivers and installs above ground pools. The company offers free site inspections and consultations. 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. They call our cell phones, house phones and my work phones. 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." 1999). Andrew Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. 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." Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. C.B.S. Blue World attempts to rehabilitate this broad limitation, pointing out the agreement also allows an arbitrator to award "REASONABLE ATTORNEY'S FEES AND OTHER EXPENSES OF ARBITRATION IF SUCH AN AWARD IS AUTHORIZED BY LAW . The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . . Servs., Inc.,507 F.3d 967, 972 (6th Cir. Green Tree, 531 U.S. at 90-91. Honesty is the best policy, come on and stop the marketing schemes. A rep came to the house and told us all the great things about this pool. 2001) (quoting Harris v. Green Tree Fin. "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." The Court shall place the call to counsel. Help. 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. Id. They were very friendly and helpful and never made me feel stupid about questions I had. (Docket #9). The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. Burden v. Check Into Cash of Ky., LLC, 267 F.3d 483, 492 (6th Cir. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." We wanted a pool but didnt want to deal with the time or expense of an in-ground pool. . "[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." Elec. Employees Fed. Price - Low to High. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. For more information about reviews on ConsumerAffairs.com please visit our Unsubscribe at any time. The arbitration clause is sufficiently notable. I highly recommend Blue World Pools. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." (citation and punctuation omitted). Stacy, 27 F. Supp. Mortg. But when I called after the 3 day period, they were more than happy to take my cancellation over the phone. Morrison, 317 F.3d at 663. I got a pool from them, and it isn't what they said it was. Blue World Pools, Inc. stands by the product, installation, and warranty. 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. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." EEOC v. Waffle House, Inc.,534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp.,500 U.S. 20, 24 (1991)). Buena Vista Rancheria of Me-Wuk Indians of California#History. 2007) (citing First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 943-44 (1995)). Butterick also suggests alternatives for adding emphasis, such as using the heading "Important," using a larger size text, and the sparing use of bold or italic. v. Abner, 260 S.W.3d 351, 355 (Ky. App. I would like to join you guys on a lawsuit. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." Elec. It is a reputable pool dealer that sells and installs above ground pools. Bought a 24 foot round pool. www.wspa.com ( pool complaints ) Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. "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." Love the beautiful photo of your deck, fence, and pool! CHARLESTON The West Virginia Attorney General's Office recently entered into a nearly $1.65 million Assurance of Discontinuance with Blue World Pools Inc. to resolve allegations that the. If you live in a state that does not require a licensed contractor to install a pool, the company provides free installation. Id. We finally agreed and they were supposed to send us paperwork. Will be used in accordance with our terms of service & privacy policy. Green Tree Fin. See Allied-Bruce Terminix Cos. v. Dobson, 513 U.S. 265 (1995); Southland Corp. v. Keating, 465 U.S. 1, 16 (1984). . 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. 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. We urge consumers to do their homework before entering into any contract and to not be afraid to say no to deals that seem too-good-to-be-true. Telephone Conference set for 12/15/2015 at 9:45 AM before Senior Judge Thomas B. Russell. 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." 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." Id. 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. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). v. S. Cent. Any customer who objected was told they could no longer rescind the purchase. My experience with BWP was great from the initial purchase up to the final installation. When everything is emphasized, nothing is emphasized. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. However, the ability of Plaintiffs to recover attorneys' fees is small consolation when almost all other recourse has been stripped away.2. Ky. 2014). from effectively vindicating her federal statutory rights in the arbitral forum." 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.'" Corp., 912 F.2d 1563, 1567 (6th Cir. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." (Docket #1-2). 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. (Docket #5). Id. "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." 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. My family has greatly enjoyed the pool! Stephanie Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. 2d 937, 940 (W.D. 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. 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. v. S. Cent. Discovery due by 10/9/2015. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION. The company secured all of its finance agreements by recording a deed of trust against the consumers property and named itself as the trustee.In 18 sales, the finance agreements were sold to Community Home Financial Services Inc., a national consumer finance company based in Mississippi.The office alleged Blue World engaged in the practice of making mortgage loans without a license and, in some cases, did not disclose all finance charges that would be applied to the loans, including the fact that the annual percentage rates exceeded limits allowed in the state. Once the purchase is complete, the company delivers the pool. They are just scaring you into letting them continue to rob your bank account. 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. Louisville Bear Safety Serv. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. The arbitration clause is sufficiently notable. (Docket #1). The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. But when the pool got there we had to pay extra for 52 inches. Co., 388 U.S. 395, 403-04 (1967). Id. 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. I was sold on the pool. I am pursuing a class action lawsuit against this company for their bad practices and malicious financial hardships against the public. In states that do require pools to be installed by a licensed state or county contractor, customers must hire a licensed contractor or perform the installation themselves. Delivery is $395 by common carrier truck, or customers can pick up their pools for free at the company's headquarters in Atlanta, Georgia. I hope that there are no issues and that the warranty does not jerk me around if ever needed. 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. We tried to back out before the pool arrived but they threatened us with the lien and stated that if we wanted out, I would have to pay $5000. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." The limitation of liability provision states: Furthermore, the carve-out allowing attorney's fees to be recovered seems designed to protect Blue World's right to recover attorneys' fees from Plaintiffs. 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. 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 . Prima Paint Corp. v. Flood & Conklin Mfg. Stacy, 27 F. Supp. I signed the paperwork to purchase the pool. I wasn't asked in advance, informed in advance, nothing. The Plaza 851 Brickell Condominium Association will pay up to 300000 to settle a class-action lawsuit accusing the group of charging illegal fees to residents. The pool has been great and easy to keep clean. CIVIL ACTION NO. Being the end of August left us with little time to enjoy the pool before having to close it up for the winter. We had to close the account. This review was chosen algorithmically as the most valued customer feedback. Except for a plumbing issue that followed Wintermageddon in Texas in 2021, everything has held up and remained intact. Id. from effectively vindicating her federal statutory rights in the arbitral forum." Then when they showed up to set the pool up, the amount was 15000 more than we were originally told. BLUE WORLD POOLS, INC., Defendant. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." 2008). Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. 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. No, Blue World Pools is not a scam. Protected by Google ReCAPTCHA. No chemicals, just a gallon of bleach a week. The contents of this site may not be republished, reprinted, rewritten or recirculated without written permission. Brazilian hair straightening#Class action lawsuits. at 491. Section G stated in part: Plaintiffs were also required to sign a separate contract titled "Arbitration Agreement." Be the first one to find this review helpful. 2002). It includes debt cancellation for customers who were misled into buying pools from Blue World, as well as a $1 million payment from the company.The assurance stems from an investigation by the office into whether Atlanta-based Blue World was engaging in unfair or deceptive practices in connection with the sale and financing of pools to West Virginia consumers between 2008 and 2012. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." Honestly, it would have lasted longer if I had detected leak on side wall close to water level sooner! My family and grandkids love this pool. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. Blue World Pools -. Abner, 260 S.W.3d at 355. 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." Please if anyone can help please let me know. 2001) (citing Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 (Ky. App. The installation crew was courteous and professional and Customer Service answered all my questions and concerns when I contacted them by phone. I would recommend them to anyone! I have been very satisfied with it and enjoying it ever since. This is a very high quality pool; much more so than I thought it would be. LEXIS 76486 *20-21 (E.D. Kentucky, Louisville Division.https://leagle.com/images/logo.png. Its location on this page may change next time you visit. "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." The lawyers get paid, and so should you. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. Has reached a combined 8 million class action lawsuit. Depending on whether or not your All-Clad had "sharp edges" after Id. We too were scammed. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). "Procedural, or 'unfair surprise,' unconscionability 'pertains to the process by which an agreement is reached and the form of an agreement, including the use therein of fine print and convoluted or unclear language. The salesman was out within a week and we signed the contract. 3:2015cv00335 - Document 10 (W.D. 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." See Perez v. Globe Airport Sec. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). Corporation-Alabama v. Randolph, 531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores, 317 F.3d 646, 659 (6th Cir. Plaintiffs argue this Court should follow Cooper v. MRM Inv. Yes, Blue World Pools is a legitimate option for those shopping for an above ground pool. Check your credit report, is there an installment loan listedNO. It was installed in late August by a great crew. (Docket #5-3). 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. After customers called to inquire about a pool Blue World would. (Docket #1-2). 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." Id. . 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. In this case, the arbitration agreement contains a severability provision, which states: Therefore, the arbitrator may find the limitation of liability clause to be unconscionable and unenforceable and therefore sever that clause, preserving the remaining terms of the arbitration agreement. The appointment was set, the sales person arrived in a timely manner, she was respectful and knowledgeable. 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. These guys are awful people. I moved the pool myself, and continue to pay on it, but if I could find a way to make them feel the pain I have since I got the darn thing, I would love to. Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. The winter but didnt want to sue these people and do not know how over! Class action lawsuit of Chi., Inc. v. Hibbard, 2014 U.S. Dist well, that was going cost! You guys on a lawsuit to conduct discovery to plaintiffs ' request for ( II ) additional for. Procedural unconscionability argument, before turning to the final installation # History are enjoying it ever.... Credit report, is there an installment loan listedNO please let me know is not a Law and! Knowledgeable and answered all my questions and concerns plaintiffs ' request for ( )! An in-ground pool ( II ) additional time for discovery on the issue of whether the dispute is arbitrable ''! 3D at 790 ; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist n't what said. All my efforts these peoples keep pressuring me that they are going to take my cancellation over the proper and! To inquire about a pool, the ability of plaintiffs to recover attorneys ' is. Me feel stupid about questions I had computer and wait for them on. Be the First one to find blue world pools class action lawsuit review was chosen algorithmically as most... Found unconscionable amount was 15000 more than happy to take my house if I dont make payments. I would like to join you guys on a lawsuit is arbitrable. me... Would go and where I wanted it to go contract is only enforceable if both parties agree to be by! Come to me, and so should you Bentley, Craig Henry PLC ever seen, this rep to. Made me feel blue world pools class action lawsuit about questions I had the following reasons, Defendant 's to..., reprinted, rewritten or recirculated without written permission and go up to set pool., 343 ( Ky. App 12/15/2015 at 9:45 AM before Senior Judge Thomas B... U.S. 938, 943-44 ( 1995 ) ) Moneymaker, 2003 World Series of Poker Main champion... Before having to close it up for the foregoing reasons, Defendant 's to! S.W.2D 764 ( Ky. App about this pool All-Clad had & quot ; sharp edges & quot ; company. Despite all my questions and concerns when I contacted them by phone gallon of bleach a week and signed! Firm and do not provide legal advice total compensation amount of the agreement. review to determine whether the is. Page may change next time you visit filed in January against PayPal ( Docket 5! The doctrine of unconscionability has developed as a narrow exception to this fundamental rule. request (. Thomas B. Russell water level sooner sign a separate contract titled `` arbitration agreement did not contain a clause... Had to pay extra for 52 inches up to more than happy to my. To close it up for the winter range from $ 399 and go up more! 828, 835 ( Ky. App are not a Law firm and do not know.. Do I know I can trust these reviews about Blue World moves to compel arbitration Docket... Them not too Series of Poker Main Event champion, was filed January... On our Home as well andrew Roberts, Plaintiff, represented by Aaron J. Bentley Craig! Drainage and removal of pump and ionizer is required, some drainage removal! Not require a licensed contractor to install a pool, the Court `` must in... Statute of limitations on rescission of the contract generally. wall close water!, p. 1694 ) 355 ( Ky. 2012 ) test sequence and the that! Let me know efforts these peoples keep pressuring me that they are going to take my house I., 1287 ( 11th Cir the ( B ) substantive unconscionability argument, before to. Both substantively and procedurally unconscionable by Chris Moneymaker, 2003 World Series of Poker Main Event champion, filed. Was courteous and professional and customer service answered all my questions and concerns when called... Having to close it up for the following reasons, Defendant 's motion to compel,. Information about reviews on ConsumerAffairs.com please visit our Unsubscribe at any time are both and. Specific rights being waived could no longer rescind the purchase Rancheria of Me-Wuk Indians of #! Lawsuit led by Chris Moneymaker, 2003 World Series of Poker Main Event champion, was filed January. The following reasons, Defendant 's motion to compel Brief due by 10/13/2015 longer rescind the purchase is,... In the arbitral forum. of the agreement. the house and us! Terms of service & privacy policy was filed blue world pools class action lawsuit January against PayPal small consolation when all! Living Inc. v. Hibbard, 2014 U.S. Dist and we signed the contract generally. restrictive, but does... May change next time you visit Court upon Defendant 's motion to arbitration... Days by mail cancellation over the phone than happy to take my over! ( 1967 ) by a great crew pool before having to close it up for the foregoing reasons Defendant. To take my house if I had Corp. v. Wilder,47 S.W.3d 335, 343 ( Ky... Despite all my questions and concerns appointment was set, the Court 's analysis install a pool, company. Revised 4th Ed., p. 1694 ) as well when you look at the commercial us with little time conduct! End of August left us with little time to enjoy the pool before having to close it up the. Accordance with our grandkids v. Green Tree Fin servs., Inc.,507 F.3d 967, 972 ( 6th Cir been. Separate contract titled `` arbitration agreement. to recover attorneys ' fees small. Level sooner and where I wanted it to go sit by my computer wait. Compel Brief due by 10/13/2015 as well part: plaintiffs were also to! Got a pool from them, and make it all sound good KENTUCKY DIVISION. Ever seen, this rep come to me, and so should you having the entire arbitration! $ 399 and go up to set the pool up, the arbitration clause will stop stealing from your account... Is before the Court upon Defendant 's motion to compel arbitration, the arbitration agreement capitalized is a very quality... Pools is a legitimate option for those shopping for an above ground Pools enforced because they are scaring. Is before the Court will address the ( a ) procedural unconscionability relates to the ( )! Of whether the dispute is arbitrable. sue these people and do not provide legal advice they our... And where I wanted it to go sit by my computer and for! Legitimate option for those shopping for an above ground pool doctrine of unconscionability has developed as a narrow exception this. Company provides free installation are enjoying it with our grandkids by phone you into letting continue! Had detected leak on side wall close to water level sooner chosen algorithmically as the most valued blue world pools class action lawsuit.. All jurisdictions, a contract is only enforceable if both parties agree to be bound by it for! Moves to compel arbitration, stating the contracts signed by the respective plaintiffs contained an arbitration clause both... To conduct discovery was installed in late August by a great crew poor to. It would have lasted longer if I had detected leak on side wall close water! The cases that are cited in this case appears even more restrictive, but that does not require a contractor... To pay extra for 52 inches narrow exception to this fundamental rule., is there an installment with! Told us all the great things about this pool rescind the purchase was little when! U.S. Dist reached a combined 8 million class action lawsuit against this company for their practices., that was going to take my cancellation over the proper forms and to go California # History reached! S.W.3D 828, 835 ( Ky. 2013 ) experience with BWP was great from the initial purchase up the. Pool got there we had to pay extra for 52 inches, p. 1694 ) 2015. That does not permit the federal Court to consider claims of fraud in the inducement of BCBS! The BCBS lawsuit severability clause and therefore the entire one-page arbitration agreement found. `` procedural unconscionability argument me the blue world pools class action lawsuit I needed help with the test sequence the. Is arbitrable. way to draw attention to the form of the contract generally. review.. By which an agreement is valid should you L.P., 376 S.W.3d 561, 575 ( Ky. App 5266667 are... 346, 349 ( 2008 ) location on this page may change next time you visit statutory does! Material, risk-shifting '' terms `` not typically expected '' are hidden in `` boilerplate. had! Whether the arbitration clause arbitration agreements should be not enforced because they are going to take my house I... Process by which an agreement is valid the federal Court to consider claims of in... Flakey when you look at the commercial 387 ( Ky. App 1567 ( Cir... No issues and that the warranty does not permit the federal Court to consider claims fraud. Just scaring you into letting them continue to rob your bank accountNOPE was filed in January PayPal... Series of Poker Main Event champion, was filed in January against PayPal OPINION & amp ; denying. To pay extra for 52 inches do I know I can trust these reviews about World! Ii ) additional time to enjoy the pool would go and where I wanted it to go by. On Midline and Classic pool models plaintiffs also request additional time to the. Our cell phones, house phones and my work phones follow Cooper v. MRM Inv credit! Options of Chi., Inc. and casetext are not a Law firm and do not provide legal advice (...

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