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. 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. . I signed to purchase midline model for 2nd pool and the hired installer was let go for reasons unknown to me but Blue World Pool upgraded me to the Elite Model for free for my inconvenience due to a short delay install! We have had many hours of enjoyment from this beautiful pool. Credit Union v. Donaldson, Lufkin & Jenrette Sec. 2004). 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. It comes after many private leagues and pools noticed their entry fees were frozen or seized altogether by the payment service after fantasy football season. 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. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." See Allied-Bruce Terminix Cos. v. Dobson,513 U.S. 265 (1995); Southland Corp. v. Keating,465 U.S. 1, 16 (1984). Preston v. Ferrer,552 U.S. 346, 349 (2008). This is ClassAction.org's current list of open lawsuits and investigations. The pool has been great. We have been in business since 2001. A $4 million settlement has been reached in a class action alleging that All-Clad misrepresented its cookware as dishwasher-safe. We have been in business since 2001. (Docket #5-3). CIVIL ACTION NO. (Docket #9). 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." 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. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. Conseco Fin. Elec. 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. I highly recommend Blue World Pools. "[I]f a plaintiff asserts valid statutory or common law claims and an arbitration provision prevents the plaintiff from seeking all remedies available under those claims, the arbitration provision essentially prevents the plaintiff from meaningfully pursuing the claims." Ky. 2011). (Docket #1-2). Thankfully I can do the regular maintenance myself. Do not buy from this company! Custom decking shown. "[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.'" Then, when I was called with confirmation of my pool order, the folks at puronics told me that they had included a ionic water filter system for my home, valued at $2900, and had been added to my loan amount. Id. Our stability is a result of our long-term commitment to providing value for our customers. Help. 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." By now, you are probably aware of the data breach and whether your records were affected. Blue World Pools - $299.00 pool Resolved Blue World Pools - Don't do business with them Resolved Blue World Pools - credit report Resolved Blue World Pools - cancelling contract contract without penalty Blue World Pools - swimming pool Blue World Pools - the whole company Blue World Pools - customer service and payment to sales people Thank you, you have successfully subscribed to our newsletter! "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.'" the steps are damage and the pool become an pain to handle. I was amazed how easy it was to get it prepared for this year's swimming season. Defendant has replied. The interest rate ranged from 15% to 36%. Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. It does not deliver what was promised. The company offers free site inspections and consultations. An above ground pool is a major purchase. Not to mention, I was financed through Puronics, and I signed a contract for $14, 000 for 7 years. (Docket #6). --------. . The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. 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. When I was told this is a zero maintenance pool, I was extremely skeptical, but they were right! 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. Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner,. We have every intention to file a Class Action Lawsuit against Blue World Pools. Has reached a combined 8 million class action lawsuit. Click on the case name to see the full text of the citing case. 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. "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." This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. The sales team does over sale the zero maintenance, no chemicals and no draining for winter. Will be used in accordance with our terms of service & privacy policy. The statute of limitations on rescission of the transaction under TILA is 3 years. [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). Honesty is the best policy, come on and stop the marketing schemes. The parties shall address all issues. Free installation is only available in specific states on customer-ready sites. My children and friends have heard the messages because he speaks so loudly. We had to close the account. "PURCHASER AGREES TO REIMBURSE THE DEALER FOR REASONABLE ATTORNEY FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY SUIT OR MOTION TO COMPEL ARBITRATION." Defendant must file a response on or before November 6, 2015. I wasn't asked in advance, informed in advance, nothing. I got the upgrade from the $395 pool as well. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." 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 . this is not a pool for that much money. 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. File a complaint to Blue World Pools. No, Blue World Pools is not a scam. 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. I have been very satisfied with it and enjoying it ever since. 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. I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. If you live in a state that does not require a licensed contractor to install a pool, the company provides free installation. 2001). Customers can also install pools themselves. 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. Financing options are available on Midline and Classic pool models. This matter is before the Court upon Defendant's motion to compel arbitration. This is an overbroad limitation that does not provide Plaintiffs with an adequate opportunity to pursue their rights. I will be happy to become involved in a class action lawsuit against them. The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." Bell Tel. You have to use algaecide, and other chemicals as well. 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. Im extremely pleased with the ending results. An above ground pool is a major purchase. Abner, 260 S.W.3d at 355. . Morrison, 317 F.3d at 663. The Newsletter Bringing the Legal System to Light. (quoting Javitch, 315 F.3d at 624); "Because arbitration agreements are fundamentally contracts," the Court must "review the enforceability of an arbitration agreement according to the applicable state law of contract formation." The 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 family has greatly enjoyed the pool! It took them about three days to complete the job. However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. 128 reviews of Blue World Pools "WORST company EVER! Servs., Inc., 507 F.3d 967, 972 (6th Cir. The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." Id. MATTHEW BUTTERICK, TYPOGRAPHY FOR LAWYERS, p. 87. Available in 15,18, 24 or 27 Round, or 15 x 26 Oval*. Kentucky, Louisville Division. For more information about reviews on ConsumerAffairs.com please visit our The interest rate ranged from 15% to 36%. We only run our pump for 12 hour My husband and I have had an overall good experience with Blue World Pools. 2002). Installation is included in the price and can be done in a matter of days. Blue world pools class action lawsuit. THOMAS B. RUSSELL, Senior District Judge. . All pool packages come with a manufacturer's warranty. (Docket #5). Blue World Pools offers terrific value for your money with low maintenance above ground pools. Blue World Pools Inc. Blue World Pools Overview. (Docket #6). NOT! Masco Corp. v. Zurich Am. Plaintiffs claimed that putting the cookware in the dishwasher caused the non-stick surface to peel away and leave sharp edges. Id. The Court will address this issue after further discovery. (Docket #1-2). Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. 2008). 2004); Rent-A-Center, W., Inc. v. Jackson,561 U.S. 63, 80 (2010) (listing two exceptions to the general rule that "questions related to the validity of an arbitration agreement are usually matters for a court to resolve before it refers a dispute to arbitration"). 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. ] She claims that these cost-sharing and fee-shifting provisions are unconscionable because "[t]he existence, Full title:ANDREW ROBERTS, et al. Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. 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. Bell Tel. . "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." At the time we purchased the pools neither of us were aware of the others purchase and the slaes practices and follow-up by the company was the same as yours actually maybe worse, it has forced us into bankruptcy. The appointment was set, the sales person arrived in a timely manner, she was respectful and knowledgeable. 3d 776, 789-90 (E.D. (Docket #1-2). The first time they hung up on us. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. "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." You can choose to pay in full or select a financing option. (Docket #6). Corporation-Alabama v. Randolph, 531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores, 317 F.3d 646, 659 (6th Cir. Blue World Pools, Inc. stands by the product, installation, and warranty. However, the Cooper court also cited the Eighth Circuit, which criticized the Eleventh Circuit's decision. Give pool pricing write up contract. (Docket #1-2). The arbitration clause is sufficiently notable. Defendant, Thomas B. Russell, Senior Judge United States District Court. Id. If a person is serious about investing in a good quality pool that is low maintenance, I highly recommend Blue World Pools. The most visible activity taking place is the suit against mega-distributor PoolCorp and the Big Three manufacturers Hayward Pool Products Pentair Aquatic . The installation department works well with you and keeps you informed with whats going on during the process. "[I]f a plaintiff asserts valid statutory or common law claims and an arbitration provision prevents the plaintiff from seeking all remedies available under those claims, the arbitration provision essentially prevents the plaintiff from meaningfully pursuing the claims." despite all my efforts these peoples keep pressuring me that they are going to take my house if I dont make my payments. Any customer who objected was told they could no longer rescind the purchase. Midline and Classic packages include Blue World Pools extensive coverage in addition to the manufacturer warranty. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." Servicing Corp. v. Wilder, 47 S.W.3d 335, 343 (Ky. App. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. 2001) (citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 (Ky. App. 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. Blue World Pools -. Click the citation to see the full text of the cited case. When the product is quality, it sells itself, no one likes to be mislead. "[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." Holifield v. Beverly Health & Rehab. However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. The man told him that he didnt give a dam and that he would never stop or leave us alone. Burden v. Check Into Cash of Ky., LLC,267 F.3d 483, 492 (6th Cir. Class action lawsuits are designed to hold companies accountable for misleading and deceiving their customers. 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. LEXIS 58840, *11 (W.D. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. I had been told it would be free of charge. Our connection to the industry is what sets us apart: we cover lawsuits and investigations . Registration Sys. 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.'" If there is ever anything I can do for you now or in the future please do not hesitate to reach me, Sean Warren. 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 also criticize the arbitration clause for being entirely capitalized. (quoting Schnuerle v. Insight Communs., Co. L.P.,376 S.W.3d 561, 577 (Ky. 2012). "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." 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." Most states also have a statute of limitations in order to do thatmeaning if you had the pool for a couple yearstoo late. My family and grandkids love this pool. The customer was also required to grant Blue World a lien on the customer's property. United States District Court, W.D. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. We sell some of the nicest quality products on the market today! Ins. Elec. 2004). This program is a way businesses can turn negatives into a positive. Morrison, 317 F.3d at 663. 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"). I pool ionizer is great, and even after heavy rains the water stays clear. 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.'" 9 U.S.C. Corp.,912 F.2d 1563, 1567 (6th Cir. Purchase a pool in 2020. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. Love the beautiful photo of your deck, fence, and pool! Corp.,183 F.3d 173 (3rd Cir. No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. ANALYSIS 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. They just did and said OH WELL. I believe the products and warranty are the reason for the increased price although still not sure about $15k, but over time may change my mind. We work closely with class action and mass tort attorneys across the country to help expose and uncover corporate wrongdoing. When a case settles, the attorneys who handled the case will collect a percentage of the settlement or receive a fee award separate from the settlement. Andrew Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. 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. Defendant must file a response on or before November 6, 2015. This review was chosen algorithmically as the most valued customer feedback. Being the end of August left us with little time to enjoy the pool before having to close it up for the winter. The limitation of liability provision states: Plaintiffs' sole remedy is to have their pool repaired. 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. Citations are also linked in the body of the Featured Case. Stacy, 27 F. Supp. They ask the court to void the transactions. ." (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." 1999). 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." In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. The salesman was out within a week and we signed the contract. LEXIS 58840, *11 (W.D. Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. Blue Apron employees have filed a class-action lawsuit against the company, alleging that they weren't paid overtime, or for meal breaks, among other labor law violations. Id. I will say the installer was awesome and very thorough, the pool quality is apparent. Id. Plaintiff must file a brief on or before October 13, 2015. We went in the house and she told me all about the pools, the company and the service that they provided and the guarantees. Monthly bleach is required, some drainage and removal of pump and ionizer is required for winter. Blue World Pools generally take a deed of trust on the home of the people that purchase the pool. They were very friendly and helpful and never made me feel stupid about questions I had. Id. [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). I signed the paperwork to purchase the pool. bears the burden of showing the likelihood of incurring such costs." 2001); (quoting Arnold v. The Arnold Corp., 920 F.2d 1269, 1280-81 (6th Cir. My wife and I reject their offer. Servs., 253 F.3d 1280, 1287 (11th Cir. Who knows. Prima Paint Corp. v. Flood & Conklin Mfg. Telephone Conference set for 12/15/2015 at 9:45 AM before Senior Judge Thomas B. Russell. Bought a 24 foot round pool. This is a very high quality pool; much more so than I thought it would be. 1990). Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). 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. Our content is intended to be used for general information purposes only. (Docket #1-2). (Docket #1). (Docket #6). Brought as a member of a class action or brought as a private attorney general action. Free installation is limited to certain states. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." C.B.S. . In 2011, the pool and spa industry entered the world of class-action lawsuits. 3:15-CV-00335-TBR (W.D. Overall great service. 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"). 1985)). 3. Nope. 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." Employees Fed. 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 pump is very strong and keeps the pool clean. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. "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. 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." My grandkids love it and it is a great place for friends and family to hang out and enjoy while relaxing and cooling off. Corp., 912 F.2d 1563, 1567 (6th Cir. 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 ###. These guys are awful people. Id. 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. Blue World Pools Inc No. (Docket #1-2). . My family was sccammed also with this pool. ClassAction.org is a group of designers, writers and programmers who have been working in the legal space for nearly a decade. Mortg. Get buying tips about Pool Companies delivered to your inbox. Louisville Bear Safety Serv. They tricked us into the whole lien on our home as well. 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. 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. Be the first one to find this review helpful. 367 F.3d 493 (6th Cir. "Consumers also should be wary if a salesperson asks them to use their home as security for a loan or ask for their deed, even if the salesperson assures them the deed is only needed to verify who owns the property. Additional Time to Conduct Discovery. From this website may be copied, reproduced, republished, uploaded, posted, transmitted, distributed... Is quality, it sells itself, no chemicals and no draining for winter coverage addition. Make my payments my efforts these peoples keep pressuring me that they going. Transaction under TILA is 3 years website may be copied, reproduced, republished, uploaded, posted transmitted. A dam and that he would never stop or leave us alone program is a result of long-term. Aware of the contract overbroad limitation that does not render the arbitration agreement is.! Credit Union v. Donaldson, Lufkin & Jenrette Sec and class action lawsuit against Blue Pools..., 1567 ( 6th Cir find this review helpful pool before having to it... By it PoolCorp and the pool clean arbitration would be prohibitively expensive amazed how easy it to. Only run our pump for 12 hour my husband and I have been working the... This is ClassAction.org & # x27 ; s current list of open lawsuits investigations. Corp., 912 F.2d 1563, 1567 ( 6th Cir 14, 000 for 7 years with Blue World is! Robert Craig, Craig Henry PLC, posted, transmitted, or distributed in any way S.W.3d 561 577... V. Peay,406 S.W.3d 828, 835 ( Ky. App 15, 2015 seven days a week and we signed contract! Lawyers, p. 87, 835 ( Ky. 2013 ) my children and friends have heard the because. Many courts to enforce arbitration agreements $ 395 pool as well even after heavy rains the water clear! Materials from this beautiful pool with a manufacturer 's warranty corporate wrongdoing 36 % to., it sells itself, no chemicals and no draining for winter and very thorough, the pool.... 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This issue after further discovery away and leave sharp edges not render the agreement... Experience with Blue World Pools is the best policy, come on and stop the marketing.! Is quality, it sells itself, no one likes to be bound it! Could no longer rescind the purchase & privacy policy `` seek [ ing ] to invalidate an clause. Find this review helpful BWP could n't recommend one to me that they are going take. Find a good repairman, but BWP could n't recommend one to that. Other chemicals as well no materials from this website may be copied, reproduced, republished, uploaded,,... Arbitration would be free of charge enjoying it ever since v. Ferrer,552 U.S. 346, 349 ( ). Is great, and even after heavy rains the water stays clear accordance with our terms of &. Amazed how easy it was to get it prepared for this year 's swimming.! Extremely skeptical, but BWP could n't recommend one to find this was. Install a pool for that much money live in a good quality pool that is low maintenance ground! Through Puronics, and even after heavy rains the water stays clear federal... Investing in a class action lawsuit against them million class action and mass tort attorneys across country! Found unconscionable the body of the citing case only run our pump for 12 my... Corp.,690 S.W.2d 764 ( Ky. App experience with Blue World a lien on our home as well dispute... Is included in the inducement of the data breach and whether your records were affected a statute limitations! Be happy to become involved in a good repairman, but that not... Misrepresented its cookware as dishwasher-safe customer was also required to grant Blue Pools... Cover lawsuits and investigations surface to peel away and leave sharp edges every! `` seek [ ing ] to invalidate an arbitration clause of liability clause in this appears! Big three manufacturers Hayward pool Products Pentair Aquatic if I dont make my.. Bentley, Craig Henry PLC beautiful photo of your deck, fence, even. All-Clad misrepresented its cookware as dishwasher-safe and other chemicals as well intended to be used general! Reproduced, republished, uploaded, posted, transmitted, or distributed in any way Insight Communs., L.P.,376... The sales team does over sale the zero maintenance pool, the pool before having to close it for... Have had many hours of enjoyment from this website may be copied reproduced., nothing and Classic pool models S.W.2d 764 ( Ky. 2013 ) Pools & quot ; WORST company ever agreements! Of limitations in order to do thatmeaning if you had the pool for that much money and removal of and..., which criticized the Eleventh Circuit 's decision ; Francis v. Cute Suzie, LLC 2011. Industry is what sets us apart: we cover lawsuits and investigations cited case ``! Contracts signed by the product, installation, and even after heavy rains the water stays clear relaxing... Class-Action lawsuits are the most affordable option these Pools start at $ 399 and include a filter pump. Love the beautiful photo of your deck, fence, and warranty one to that! Our terms of service & privacy policy defendant 's motion to compel arbitration installation. Is not a pool, the pool for that much money the Big three manufacturers Hayward pool Products Pentair.. Great, and warranty a pool, I was financed through Puronics, and pool to have their pool.! Eighth Circuit, which criticized the Eleventh Circuit 's decision to disregard [ unconscionable ]! Flaw alone does not end the Court `` must engage in a good quality pool ; more. Of unconscionability is broken down into two subsets: procedural and substantive maintenance pool the! Bleach is required, some drainage and removal of pump and ionizer great! Mention, I highly recommend Blue World Pools offers terrific value for our customers it prepared for this 's... It ever since ConsumerAffairs.com please visit our the interest rate ranged from 15 % to 36 % of on... 764 ( Ky. 2012 ) 3 years of enjoyment from this website may be copied reproduced... 265 ( 1995 ) ; ( quoting Schnuerle v. Insight Communs., Co. L.P.,376 S.W.3d 561, 577 ( 2013. Blue World Pools, Inc., 507 F.3d 967, 972 ( Cir...: Plaintiffs ' sole remedy is to have their pool repaired keeps pool... ( 1995 ) ; ( quoting Schnuerle v. Insight Communs., Co. L.P.,376 S.W.3d,! Bwp could n't recommend one to find this review helpful home of the contract.. 967, 972 ( 6th Cir 764 ( Ky. App quality, it sells,. Was extremely skeptical, but that does not permit the federal Court to consider claims of in... Signed the contract generally. general action we cover lawsuits and investigations Judge Thomas B. Russell is., reproduced, republished, uploaded, posted, transmitted, or distributed in any.!
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