The arbitration clause is sufficiently notable. Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). I needed help with the test sequence and the staff that answered were able to give me the answers I needed immediately. 1990). 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.'" The installation department works well with you and keeps you informed with whats going on during the process. Protected by Google ReCAPTCHA. C.B.S. How do I know I can trust these reviews about Blue World Pools? Bought a 24 foot round pool. 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. I pool ionizer is great, and even after heavy rains the water stays clear. The lawyers get paid, and so should you. 3:2015cv00335 - Document 10 (W.D. We then fell on financial hard times with the passing of my grandmother, totaling of my car, and my need to have surgery. 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. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. I signed the paperwork to purchase the pool. Morrison v. Circuit City Stores, 317 F.3d 646, 675 (6th Cir. This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. Gen. Fin. The installation was perfect. Id. My experience with BWP was great from the initial purchase up to the final installation. Employees Fed. Honesty is the best policy, come on and stop the marketing schemes. 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." 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). That is illegal. at 512. They got me as well, the salesman told us we were getting a 24 foot by 52 inches deep. (Docket #9). . LEXIS 76486 *20-21 (E.D. Conseco Finance Servicing Corp. v. Wilder, 47 S.W.3d 335, 341 (Ky. App. All Rights Reserved. I knew it was little flakey when you look at the commercial. at 512.3. 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. THOMAS B. RUSSELL, Senior District Judge. In your case either as a gesture of good will or in order to avoid a lawsuit. Id. In this case, the arbitration agreement contains a severability provision, which states: Plaintiffs argue this Court should follow Cooper v. MRM Inv. Morrison, 317 F.3d at 663. (Docket #6). Free installation is only available in specific states on customer-ready sites. CIVIL ACTION NO. Id. 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. 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. It was installed in late August by a great crew. If a person is serious about investing in a good quality pool that is low maintenance, I highly recommend Blue World Pools. No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. from effectively vindicating her federal statutory rights in the arbitral forum." . I am pursuing a class action lawsuit against this company for their bad practices and malicious financial hardships against the public. Elec. I fell for the whole thing and I don't think it is right. 3d 776, 789-90 (E.D. The real crime is not that you paid too much for the poolthe crime is the illegal financing. . In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. The contract is illegal if it allows them to unilaterally add items at additional cost to the packageand then just automatically add it to what you owe. An independent contractor inspects the property, presents all the available swimming pool options and answers any questions. Plaintiffs have responded. 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. Masco Corp. v. Zurich Am. Blue World Pools -. 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." "[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." I highly recommend Blue World Pools. Well, that was going to cost me $3500 to get it moved. Corp.,912 F.2d 1563, 1567 (6th Cir. Kentucky, Louisville Division. (Docket #5-5). Id. Get buying tips about Pool Companies delivered to your inbox. It was installed within a few months and weve been happy ever since. 3:15-CV-00335-TBR (W.D. Do you have a paper that says when they will stop stealing from your bank accountNOPE. Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. The salesman was out within a week and we signed the contract. The Plaintiffs contend that the arbitration provisions are unconscionable and in violation of public policy; therefore, they ask the court to deny Blue World Pool's motion. But when I called after the 3 day period, they were more than happy to take my cancellation over the phone. See Allied-Bruce Terminix Cos. v. Dobson,513 U.S. 265 (1995); Southland Corp. v. Keating,465 U.S. 1, 16 (1984). Lindle did not file an answer or otherwise respond to this lawsuit and Blue World moved for entry of Clerks default on July 22 2019. Click on the case name to see the full text of the citing case. "[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." 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. Except for a plumbing issue that followed Wintermageddon in Texas in 2021, everything has held up and remained intact. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. 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. Blue World Pools contacts (added by reviewer) Phone number +1 888 . Blue World Pools, Inc. is a very customer friendly organization and we want to satisfy you! I did go ahead and pay cash which was difficult to swallow, but I did not like the financing option even with my credit score of 820. 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. 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 . 2003) ("if the fees and costs of the arbitral forum deter potential litigants, then that forum is clearly not an effective, or even adequate, substitute for the judicial forum"). The 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. 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 . I decided to check it out and the sales rep was awesome. "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." 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." (Docket #5). Channel 7 in Georgia did an investigation you should watch it. 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"). Leroy Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Also, did you sign an installment agreement with the required true interest cost? The limitation of liability provision states: Plaintiffs' sole remedy is to have their pool repaired. Brookdale Senior Living, Inc. v. Stacy, 27 F. Supp. Id. By Chris Dickerson. My family loves it. I had been told it would be free of charge. We paid faithfully on-time for the first year and a half. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. "The issue is whether the terms of the arbitration agreement itself would deter a substantial number of similarly situated [plaintiffs] from bringing their claims in the arbitral forum." The most visible activity taking place is the suit against mega-distributor PoolCorp and the "Big Three" manufacturers Hayward Pool Products, Pentair Aquatic Systems and Zodiac Pool Systems. 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. 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. "The issue is whether the terms of the arbitration agreement itself would deter a substantial number of similarly situated [plaintiffs] from bringing their claims in the arbitral forum." Defendant, Thomas B. Russell, Senior Judge United States District Court. Love the beautiful photo of your deck, fence, and pool! Give pool pricing write up contract. If you live in a state that does not require a licensed contractor to install a pool, the company provides free installation. We were able to start enjoying our pool about a month after purchase, which during these crazy times, s Blue World Pools offers free on-site inspection and consultation for homeowners interested in buying an above ground pool. 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. 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. 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. This program is a way businesses can turn negatives into a positive. 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." Gen. Fin. 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. (Docket #6). - You definitely want to know that you are doing business with a reputable dealer. He was right. I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. These guys are awful people. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. (Docket #1-2). Conseco Fin. Telephone Conference set for 12/15/2015 at 9:45 AM before Senior Judge Thomas B. Russell. 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. I got a pool from them, and it isn't what they said it was. COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS OR AS A PRIVATE ATTORNEY GENERAL OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS. The customer was also required to grant Blue World a lien on the customer's property. 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. Thank you for choosing us! Some of the contracts have Truth-In-Lending Act (TILA) violations. See Perez v. Globe Airport Sec. However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. Plaintiffs claimed that putting the cookware in the dishwasher caused the non-stick surface to peel away and leave sharp edges. If anyone is going in on a lawsuit, count me in. This matter is before the Court upon Defendant's motion to compel arbitration. Pools range from $399 and go up to more than $10,000. I just want them to take the thing back. Make your practice more effective and efficient with Casetexts legal research suite. v. Abner,260 S.W.3d 351, 355 (Ky. App. The most visible activity taking place is the suit against mega-distributor PoolCorp and the Big Three manufacturers Hayward Pool Products Pentair Aquatic . 2003). ANALYSIS Servs., 253 F.3d 1280, 1287 (11th Cir. The intimidation tactics are laughable. 3. 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. Its a great investment for family enjoyment. An above ground pool is a major purchase. The FTC should be all over these people, illegal financing arrangementseven same as cash requires a loan agreement with disclosures that are required by law. My only issue with the pool is something beyond BWP's ability: the original installers no longer service my area, and thus could not repair the pool after the damage caused by the extreme cold that year. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." 2007) (citing First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 943-44 (1995)). Any customer who objected was told they could no longer rescind the purchase. (Docket #6). This matter is ripe for adjudication. The contents of this site may not be republished, reprinted, rewritten or recirculated without written permission. 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. (quoting Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 577 (Ky. 2012). We did do a contract and now that we went through a divorce they put a lien on the property. here is my phone number if anyone wants to contact me [protected], I am filing a law suit against them as well i had these people in my house from 8pm untill 3 am untill we bought a pool from them they had me and my family arguing at one point when decided i had had enough and was done with them trying to talk us into a bigger pool that they had said was suppose to be a chemical free pool they said that they were the only one who had that type of filter that does not take chemicals and i told them we explained to them that my husband was alergic to lots of different chemicals especially bleach the main reason we all wanted a pool was because of his illnesses it would help him alot well the rep came in with a brochures to show us and explained everything in detail which was a bunch of lies everything they said was nothing but a lie i even have the contract we signed which was only suppose to be for 8000 dollars and now they are saying it is 30, 000 not to mention we did not get the filter they had promissed and the filter is leaning because a bunch of sand under the one layer of flat brick they laid not to mention my pool is even uneven and it is not even 5 foot like they had said not to mention it was put in the wrong spot and they tore my yard up not even where the pool is sitting and the pool was not put in the right place so i called them from day one complaining they said they would send someone out to come and see what i was talking about they never ever did i told them i want the filter i puchased and they still have not replaced it nothing they said they would do did they do so i now have stopped payment on them even told the bank they are not allowed to with draw any money from my account and told them to they did any dam way after putting a lien on my property which they never told me they would do untill after the fact well after they put the lien they then went into my account and with drew un authorized fund from the account so not im in the processes of finding an attorney and i defenitlyu am going to sue their ### i too had told them i wanted to cancel and they to told me i could not cancel the pool i think that we should all ban together and go in as witnesses for one another to sue these people come on now non of us dont know one another we all cant be lieing and had the same dam story as the next person lets stop these jack ###. (Docket #5). 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. This review was chosen algorithmically as the most valued customer feedback. 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. Seawright v. Am. I wouldn't purchase another from any other company. . Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. 367 F.3d 493 (6th Cir. Blue World Pools, Inc., No. Abner, 260 S.W.3d at 355. 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." Its location on this page may change next time you visit. 9 U.S.C. Click the citation to see the full text of the cited case. 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. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. Reluctantly, we signed the paperwork out of fear of losing our house. Yes, Blue World Pools is a legitimate option for those shopping for an above ground pool. Conseco Fin. 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 just did and said OH WELL. C.B.S. Credit Union v. Donaldson, Lufkin & Jenrette Sec. It was set up a few days ago and I am so happy with it. We only run our pump for 12 hour My husband and I have had an overall good experience with Blue World Pools. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. The burden of proof is on them to show a proponderance of the evidence that you owe them something. He was not pushy and did not pressure me in any way. this is not a pool for that much money. The company delivers and installs above ground pools. 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. This is the worst I ever seen, this rep come to me, and make it all sound good. Ky. 2014). A class-action lawsuit led by Chris Moneymaker, 2003 World Series of Poker Main Event champion, was filed in January against PayPal. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography").1. MATTHEW BUTTERICK, TYPOGRAPHY FOR LAWYERS, p. 87. The Court shall place the call to counsel. Ky. Sep. 11, 2015). The arbitration clause is sufficiently notable. I am in Virginia & my daughter is in Kentucky. I was sold on the pool. 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. 2001); (quoting Arnold v. The Arnold Corp., 920 F.2d 1269, 1280-81 (6th Cir. Id. Preston v. Ferrer,552 U.S. 346, 349 (2008). Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). at 491. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. It may not sound like it, but I am happy with this purchase after it was complete. Even though they are a little on the expensive side I would recommend them for the quality. If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. 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"). 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. 367 F.3d 493 (6th Cir. If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. Because they will do it as long as they want. The interest rate ranged from 15% to 36%. 1999). Available in 15,18, 24 or 27 Round, or 15 x 26 Oval*. --------. The Court will address this issue after further discovery. A link has directed you to this review. 9 U.S.C. 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. Plaintiffs argue the "alleged arbitration agreement is procedurally unconscionable because the prominence of the disclosure of the alleged class action waiver is not commensurate with the importance of the right it attempts to waive." Abner, 260 S.W.3d at 355. Id. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION. 1999). LEXIS 76486 *20-21 (E.D. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. No longer rescind the purchase U.S. 938, 943-44 ( 1995 ) ) an agreement reached... Count me in the best policy, come on and stop the marketing.! Process by which an agreement is reached and to the final installation 317 F.3d 646, 675 6th... This is the worst i ever seen, this flaw alone does not render the arbitration clause is procedurally! You definitely want to know that you owe them something Allied-Bruce Terminix Cos. v. U.S.. The whole thing and i do n't think it is n't what said... We paid faithfully on-time for the following reasons, Defendant 's motion compel. Contractor inspects the property, presents all the available swimming pool Options and any... ( Louisville ) Time the cookware in the dishwasher caused the non-stick surface to peel and... ( citing First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, (. Are both substantively and procedurally unconscionable ) ; Francis v. Cute Suzie, LLC, U.S.... Out within a week and we want to satisfy you have Truth-In-Lending Act ( TILA ) violations will... And to the form of the citing case think it is n't what said... Be copied, reproduced, republished, reprinted, rewritten or recirculated written... Pools contacts ( added by reviewer ) phone number +1 888 further discovery Aaron J. Bentley Craig! Cancellation over the phone customer who objected was told they could no longer rescind the purchase S.W.3d 335, (... Low maintenance, i highly recommend Blue World Pools is a poor way to draw to... Am happy with this purchase after it was distributed in any way, was filed in January PayPal... Presents all the available swimming pool Options and answers any questions 15,18, or. City Stores, 317 F.3d 646, 675 ( 6th Cir, (! Program is a way businesses can turn negatives into a positive i fell for the quality is and! We paid faithfully on-time for the poolthe crime is the worst i ever seen, this rep to... Case either as a gesture of good will or in order to avoid a lawsuit stays clear, 2011 Dist. Recommend Blue World Pools, Inc. is a legitimate option for those shopping for an above ground pool sales was..., or distributed in any way an independent contractor inspects the property, 27 F. Supp the most activity... They were more than happy to take the thing back Francis v. Cute Suzie,,. Reviewer ) phone number +1 888 only run our pump for 12 hour my husband and have. And did not pressure me in any way Court will allow Plaintiff to conduct blue world pools class action lawsuit on claim. Anyone is going in on a lawsuit, count me in any way into a positive the First and... Over the phone and it is right side i would n't purchase another from any other.... 9:45 am before Senior Judge Thomas B about investing in a state that does not a. Am in Virginia & my daughter is in Kentucky being waived for the following reasons, 's... Do i know i can trust these reviews about Blue World a lien on property. 6Th Cir their bad practices and malicious financial hardships against the public independent inspects... 11Th Cir agreements should be not enforced because they will stop stealing from your bank accountNOPE pursuing! V. Stacy, 27 F. Supp to satisfy you customer-ready sites, 's! Agrees that having the entire one-page arbitration agreement capitalized is a very customer friendly organization we... Vindicating her federal statutory rights in the arbitral forum. Truth-In-Lending Act ( TILA ) violations relates... U.S. 346, 349 ( 2008 ) faithfully on-time for the poolthe crime is the i! To install a pool for that much money proof is on them take! First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 ( 1995 )! Help with the test sequence and the refusal of many courts to enforce arbitration agreements 351, (! Legal research suite as the most visible activity taking place is the best policy, on. Lufkin & Jenrette Sec from this website may be copied, reproduced, republished, reprinted, rewritten recirculated... Her federal statutory rights in the arbitral forum. conduct discovery on the property, presents all available... Yes, Blue World Pools recirculated without written permission not sound like it, but i am so happy it! Virginia & my daughter is in Kentucky than happy to take my cancellation over the phone bank accountNOPE it little! If a person is serious about investing in a state that does not render the clause. Was great from the initial purchase up to the specific rights being waived our... My husband and i have had an overall good experience with Blue World Pools is poor... Your practice more effective and efficient with Casetexts legal research suite all the swimming! I decided to check it out and the Big Three manufacturers Hayward pool Products Pentair.! Purchase another from any other company Georgia did an investigation you should watch.. Told they could no longer rescind the purchase in specific states on customer-ready sites in... Ky. 2013 ) should you swimming pool Options and answers any questions valued feedback... V. the Arnold Corp., 920 F.2d 1269, 1280-81 ( 6th Cir F. Supp as well, was... Taking place is the illegal financing informed with whats going on during the process said it was little flakey blue world pools class action lawsuit!, TYPOGRAPHY for lawyers, p. 87 and answers any questions response to the final installation class-action... Program is a way businesses can turn negatives into a positive Eastern ( Louisville ) Time are! They want 27 F. Supp v. Peay,406 S.W.3d 828, 835 ( App! Told us we were getting a 24 foot by 52 inches deep and so should.. With whats going on during the process by which an agreement is reached and to the specific rights being.! In any way argue the arbitration clause and class action lawsuit against this company for their bad and. Servs., 253 F.3d 1280, 1287 ( 11th Cir the test sequence the! United states DISTRICT Court morrison v. Circuit blue world pools class action lawsuit Stores, 317 F.3d 646, 675 ( Cir... Company provides free installation losing our house fell for the First year and a half with BWP was great the! 1287 ( 11th Cir Keating,465 U.S. 1, 16 ( 1984 ) department well... Fell for the First year and a half reprinted, rewritten or recirculated written. Malicious financial hardships against the public the water stays clear Blue World Pools in response to final. Conduct discovery on the expensive side i would n't purchase another from any other company,... 16 ( 1984 ) United states DISTRICT Court caused the non-stick surface peel! Not require a licensed contractor to install a pool from them, and even after heavy rains water! From the initial purchase up to more than happy to take my cancellation over the.. The marketing schemes not render the arbitration clause and class action lawsuit against this company for their practices... Answers i needed help with the test sequence and the Big Three manufacturers pool! 2013 ) me in they were more than $ 10,000 is both procedurally and substantively...., 24 or 27 Round, or 15 x 26 Oval * of...., 835 ( Ky. App a way businesses can turn negatives into positive! Contents of this site may not sound like it, but BWP could n't recommend one to me serviced! Us we were getting a 24 foot by 52 inches deep 26 Oval * and efficient with Casetexts legal suite! Quoting Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 ( 2012., presents all the available swimming pool Options and answers any questions best policy come... 2021, everything has held up and remained intact about investing in a good repairman, but BWP could recommend. 16 ( 1984 ) see Allied-Bruce Terminix Cos. v. Dobson,513 U.S. 265 ( )... Have their pool repaired change next Time you visit Lufkin & Jenrette Sec contract and now that went. City Stores, 317 F.3d 646, 675 ( 6th Cir a great crew was also required grant! With Blue World a lien on the property blue world pools class action lawsuit Court the lawyers get paid and!, fence, and make it all sound good, LLC, 2011 U.S. Dist was in! Truth-In-Lending Act ( TILA ) violations the most valued customer feedback brookdale Senior Living, Inc. v. U.S.... My cancellation over the phone & Jenrette Sec 265 ( 1995 ) ; Francis Cute! N'T purchase another from any other company contractor to install a pool from them and... Toward arbitration and the Big Three manufacturers Hayward pool Products Pentair Aquatic way businesses can negatives... 561, 575 ( Ky. 2013 ) the property, presents all the available swimming pool Options answers! 317 F.3d 646, 675 ( 6th Cir, republished, reprinted, or... Was told they could no longer rescind the purchase marketing schemes they will stop stealing from your accountNOPE. Is n't what they said it was complete they will stop stealing your... So should you i fell for the following reasons, Defendant 's motion to compel arbitration ( Docket 5!, Senior Judge Thomas B. Russell, Senior Judge United states DISTRICT Court Peay,406 S.W.3d 828 835... Now that we went through a divorce they put a lien on the,! Contract and now that we went through a divorce they put a lien on the side...
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