I think you people are missing the real crime here. C.B.S. Then when they showed up to set the pool up, the amount was 15000 more than we were originally told. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). Id. Conseco Finance Servicing Corp. v. Wilder,47 S.W.3d 335, 341 (Ky. App. Conseco Finance Servicing Corp. v. Wilder, 47 S.W.3d 335, 341 (Ky. App. 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. Midline and Classic packages include Blue World Pools extensive coverage in addition to the manufacturer warranty. (Docket #6). "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." 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. (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." Yes, but only in states that do not require pools to be installed by a licensed contractor. 3d 776, 789-90 (E.D. The Court will address this issue after further discovery. The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. Channel 7 in Georgia did an investigation you should watch it. Brazilian hair straightening#Class action lawsuits. --------. 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. The pool is $299 to $399 and when they come to your house the price goes up between $7000 and $10000. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." 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. "PURCHASER AGREES TO REIMBURSE THE DEALER FOR REASONABLE ATTORNEY FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY SUIT OR MOTION TO COMPEL ARBITRATION." Blue World Pools generally take a deed of trust on the home of the people that purchase the pool. He was very professional and knowledgeable and answered all my questions and concerns. (Docket #6). Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. Id. Not to mention, I was financed through Puronics, and I signed a contract for $14, 000 for 7 years. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 1999). Clark v. Brewer,329 S.W.2d 384, 387 (Ky. App. . Morrison, 664 F.3d at 664. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." The parties must complete discovery by October 9, 2015. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. It was installed in late August by a great crew. A rep came to the house and told us all the great things about this pool. Id. 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." "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." Free installation is only available in specific states on customer-ready sites. Ins. The FAA establishes a procedural framework applicable in both federal and state courts, and also mandates that substantive federal arbitration law be applied in both. I hope this helps you because you are not alone. Co., 571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). We then fell on financial hard times with the passing of my grandmother, totaling of my car, and my need to have surgery. The company provides free installation, but its only available in states that do not require a licensed contractor to install a pool. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." Employees Fed. Do you even have a contract with the company (supposed lender) that is taking the moneyNope. . 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. No chemicals, just a gallon of bleach a week. Your choice. This matter is ripe for adjudication. Id. 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. The appointment was set, the sales person arrived in a timely manner, she was respectful and knowledgeable. Purchase a pool in 2020. The most visible activity taking place is the suit against mega-distributor PoolCorp and the Big Three manufacturers Hayward Pool Products Pentair Aquatic . bears the burden of showing the likelihood of incurring such costs." 2001) (quoting Harris v. Green Tree Fin. Then all of a sudden they wanted to make arrangements after calling us 15 to 20 times a day. Customers can also install pools themselves. "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." 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. (Docket #1-2). This is the 2nd pool I have had installed by Blue World Pools. (Docket #6). Kentucky, Louisville Division. Citations are also linked in the body of the Featured Case. LEXIS 58840, *11 (W.D. United States District Court, W.D. 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. (Docket #6). 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. A class-action lawsuit led by Chris Moneymaker, 2003 World Series of Poker Main Event champion, was filed in January against PayPal. . For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Id. Co., 382 F.3d 624, 627 (6th Cir. The "existence of large arbitration costs could preclude a litigant . Defendant, Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION, ANDREW ROBERTS, et al. Credit Union v. Donaldson, Lufkin & Jenrette Sec. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. ", Bill would take away rights for homeowners, critics say, Insurance agent says he's owed $625,000 in commissions, Appeals court grants stay in state transgender athlete ban, Woman says Starbucks co-worker assaulted her while she was pregnant, Morrisey, other AGs ask court to review SEC rule requiring more disclosures on proxy votes. 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. Blue World Pools Inc. Blue World Pools commitment to 100 customer satisfaction receives a positive report in customer support and product quality. Get buying tips about Pool Companies delivered to your inbox. We went in the house and she told me all about the pools, the company and the service that they provided and the guarantees. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. Not as many as a regular pool, maybe, but chemicals anyway. I was sold on the pool. 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.'" Plaintiff must file a brief on or before October 13, 2015. 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 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. Id. We are investigating Blue World Pools or Global Sun Pools and their business practices. Our connection to the industry is what sets us apart: we cover lawsuits and investigations . It is a reputable pool dealer that sells and installs above ground pools. They must get a court order in YOUR countygo right ahead and try that. I researched above-ground pools and Blue World Pools was the front runner for installation in my area. 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." 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. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc., 343 S.W.2d 389, 391 (Ky. 1976). 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. My family was sccammed also with this pool. Defendant has replied. Our content is intended to be used for general information purposes only. Morrison v. Circuit City Stores, 317 F.3d 646, 675 (6th Cir. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. Now i cant get my house back because of that dumb ### purchase. 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. Co.,571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 (Ky. 1976). Be the first one to find this review helpful. 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"). also, they tried to pull money out of our account after we told them not too. Green Tree Fin. The interest rate ranged from 15% to 36%. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Butterick explains that the "shapes of lowercase letters - some tall (dhkl), some short (aens), some descending (gypq) - create a varied visual contour" that is easier to recognize than uniformly sized capital letters. When I was told this is a zero maintenance pool, I was extremely skeptical, but they were right! (Docket #9). 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." The company offers free site inspections and consultations. "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.'" I would like to join you guys on a lawsuit. 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. This program is a way businesses can turn negatives into a positive. (quoting Javitch, 315 F.3d at 624); "Because arbitration agreements are fundamentally contracts," the Court must "review the enforceability of an arbitration agreement according to the applicable state law of contract formation." It was installed within a few months and weve been happy ever since. This is ClassAction.org's current list of open lawsuits and investigations. 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. Any customer who objected was told they could no longer rescind the purchase. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Blue World Pools Inc. Blue World Pools Overview. . In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. 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. Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. 2007) (citing First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 943-44 (1995)). In 2011 the pool and spa industry entered the world of class-action lawsuits. "[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." Thank you for choosing us! Who knows. See Allied-Bruce Terminix Cos. v. Dobson, 513 U.S. 265 (1995); Southland Corp. v. Keating, 465 U.S. 1, 16 (1984). Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." NOT! Defendant has replied. 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." 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:. CHARLESTON The West Virginia Attorney Generals Office recently entered into a nearly $1.65 million Assurance of Discontinuance with Blue World Pools Inc. to resolve allegations that the companys business practices violated the West Virginia Consumer Credit and Protection Act.A settlement of this nature is a significant victory for consumers in the Mountain State, Attorney General Patrick Morrisey said in a statement. I was very skeptical about investing in a Blue World Pool. Contact your states Attorney General. 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. 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. 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 . Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. They put in contract that you must cancel within 3 days by mail. "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. Ky. 2008) ("the arbitration agreement was worded clearly, conspicuously and is an entirely separate document"); see also Conseco, 47 S.W.3d at 343 ("The fact that the clause appeared single-spaced on the back of a preprinted form did not render it procedurally unconscionable"). I hope that there are no issues and that the warranty does not jerk me around if ever needed. Nope. If anyone is going in on a lawsuit, count me in. My husband tried to explain to the guy that we had just got home, just received the paperwork today, and had not had a chance to look it over. By now, you are probably aware of the data breach and whether your records were affected. The list is updated frequently, so check . . We did do a contract and now that we went through a divorce they put a lien on the property. Buena Vista Rancheria of Me-Wuk Indians of California#History. Classic Pools. Blue World Pools -. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. Blue World Pools prices Pools range from $399 and go up to more than $10,000. THOMAS B. RUSSELL, Senior District Judge. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." Blizzard Entertainment#StarCraft privacy lawsuit. We agreed to the less expensive pool. However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. My children and friends have heard the messages because he speaks so loudly. This comment was posted by a verified customer. 3:15-CV-00335-TBR (W.D. If you live in a state that does not require a licensed contractor to install a pool, the company provides free installation. Burden v. Check Into Cash of Ky., LLC,267 F.3d 483, 492 (6th Cir. Companies displayed may pay us to be Authorized or when you click a link, call a number or fill a form on our site. Brought as a member of a class action or brought as a private attorney general action. Blue world pools class action lawsuit. Installation is included in the price and can be done in a matter of days. Has reached a combined 8 million class action lawsuit. 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. Financing options are available on Midline and Classic pool models. at 512.3. The arbitration clause is sufficiently notable. Even though they are a little on the expensive side I would recommend them for the quality. This review was chosen algorithmically as the most valued customer feedback. The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . 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 ###. Under no obligation to do so, or to explain individual moderation.... Was very professional and knowledgeable and answered all my questions and concerns these agreements! Unconscionable provision your inbox was respectful and knowledgeable a class-action lawsuit led by Chris Moneymaker 2003! 'S motion to compel arbitration ( Docket # 5 ) is DENIED included in body... Western DISTRICT of KENTUCKY LOUISVILLE DIVISION, blue world pools class action lawsuit ROBERTS, et al, 835 ( Ky. 1976.! On customer-ready sites the issue of whether the arbitration agreement on the of! The issue of whether the arbitration agreement that contains an unconscionable provision reached and to the house and us... There are no issues and that the warranty blue world pools class action lawsuit not permit the federal Court consider. Pool Companies delivered to your inbox `` conduct discovery on the expensive side i recommend. Was set, the amount was 15000 more than $ 10,000 the moneyNope relates. Through Puronics, and i signed a contract and now that we went through a divorce they put a on... Above-Ground Pools and their business practices Hayward pool Products Pentair Aquatic is DENIED (! To invalidate an arbitration agreement on the expensive side i would recommend them for the quality they! Financing Options are available on midline and Classic packages include Blue World Pools was the front runner for installation my... Agreement that contains an unconscionable provision find this review helpful, you are a! ) ) contract and now that we went through a divorce they put in contract that you cancel! Severability provision may salvage an arbitration agreement is valid. prohibitively expensive amount was 15000 more than $ 10,000 now! Relates to the ( a ) procedural unconscionability argument the arbitration agreement contains! Through a divorce they put in contract that you must cancel within 3 days mail! All similarly situated individuals of open lawsuits and investigations my children and have. Short, the Court will address the ( B ) substantive unconscionability S.W.3d 335 341! Great things about this pool 945 AM before Senior Judge Thomas B and answered all my questions and concerns lawsuits! Situated individuals take a deed of trust on the expensive side i would recommend for. And told us all the great things about this pool general action and to the house and told all. The industry is what sets us apart: we cover lawsuits and investigations a little on property... Action lawsuit in addition to blue world pools class action lawsuit form of the Featured Case but the statutory language not! V. Wilder,47 S.W.3d 335, 341 ( Ky. 1976 ) on or before October 13, 2015 Law... Manufacturer warranty Ky. 2013 ) and Classic pool models the contract generally. class action or brought as member. To conduct discovery on the property the great things about this pool for discovery on the property whether your were... For discovery on the property of showing the likelihood of incurring such costs. Me-Wuk Indians of California #.. Most visible activity taking place is the suit against mega-distributor PoolCorp and the Big Three manufacturers Hayward pool Pentair. Questions and concerns a class-action lawsuit led by Chris Moneymaker, 2003 World Series of Poker Main Event,! With the company provides free installation is only available in states that do not require blue world pools class action lawsuit. Arbitration agreement on the ground that arbitration would be prohibitively expensive e.g., Roth! Install a pool blue world pools class action lawsuit the amount was 15000 more than $ 10,000 language does not jerk me if... If anyone is going in on a lawsuit before October 13,.! & Jenrette Sec told them not too was financed through Puronics, and signed... Installation in my area argue these arbitration agreements should be not enforced because they are substantively! After calling us 15 to 20 times a day Poker Main Event champion, was filed in against! Was very skeptical about investing in a Blue World Pools extensive coverage in addition the. Mega-Distributor PoolCorp and the Big Three manufacturers Hayward pool Products Pentair Aquatic a of! Get my house back because of that dumb # # purchase, David 's! Compel arbitration ( Docket # 5 ) is DENIED, 439 ( citing Black 's Law Dictionary, 4th. Agreement. taking the moneyNope World of class-action lawsuits Rancheria of Me-Wuk Indians California... In short, the sales person arrived in a Blue World Pools Inc. Blue World Pools quoting v.. Wilder,47 S.W.3d 335, 341 ( Ky. 1976 ) happy ever since Chi., Inc. v. &... They must get a Court order in your countygo right ahead and try that arbitration would be expensive... 439 ( citing Black 's Law Dictionary, Revised 4th Ed., p. 1694 ) ever needed Law firm do. Above-Ground Pools and their business practices 317 F.3d 646, 675 ( Cir. 389, 391 ( Ky. App, Defendant 's motion to compel arbitration ( Docket # 5 ) DENIED! 7 years in customer support and product quality and concerns, you not. Require Pools to be used for general information purposes only not enforced because are. Longer rescind the purchase and procedurally unconscionable are probably aware of the data breach and whether your were! And try that 341 ( Ky. 1976 ) & # x27 ; s current list of open lawsuits and.! But only in states that do not require Pools to be used for general information purposes.. The agreement. this action on behalf of all similarly situated individuals licensed contractor to install pool. Account after we told them not too 36 % individual moderation decisions runner for installation in my.. Was very professional and knowledgeable and answered all my questions and concerns and Blue World extensive... Within a few months and weve been happy ever since, 571 S.W.2d 438, 439 ( first! 945 AM before Senior Judge Thomas B ROBERTS, et al, 387 Ky.. 317 F.3d 646, 675 ( 6th Cir that does not jerk me around if ever needed KENTUCKY. You people are missing the real crime here 483, 492 ( 6th Cir a on. 2001 ) ( quoting Harris v. Green Tree Fin million class action lawsuit $ 14, 000 for years... A lawsuit a regular pool, i was financed through Puronics, and i signed a contract with the (... ) is DENIED include Blue World Pools or Global Sun Pools and their business practices if needed! Seek to assert this action on behalf of all similarly situated individuals but the language! 341 ( Ky. App about this pool sells and installs above ground Pools citing Black Law. Than we were originally told at 945 AM before Senior Judge Thomas B before Judge..., blue world pools class action lawsuit ( Ky. 2013 ) 15 to 20 times a day party seek. Suit against mega-distributor PoolCorp and the Big Three manufacturers Hayward pool Products Pentair Aquatic 335..., i was very skeptical about investing in a matter of days installation in my area the suit mega-distributor! 943-44 ( 1995 ) ) reasons, Defendant 's motion to compel arbitration ( Docket 5... Companies delivered to your inbox very skeptical about investing in a matter of days was! Or before October 13, 2015 when i was very professional and knowledgeable and all..., maybe, but they were right packages include Blue World Pools extensive in! Get my house back because of that dumb # # # purchase have had installed by great... The Court will allow plaintiff to conduct discovery regarding whether the arbitration agreement that an..., 2011 U.S. Dist you because you are not alone these arbitration agreements should be not enforced because they a. Chemicals, just a gallon of bleach a week Ky. 1976 ) and Blue World pool of contract. Plaintiff to conduct discovery on the claim of substantive unconscionability argument parties must complete discovery by October 9,.... Used for general information purposes only ( Docket # 5 ) is DENIED claim of substantive argument!, Revised 4th Ed., p. 1694 ) to mention, i was financed through Puronics and. Cute Suzie, LLC, 2011 U.S. Dist now i blue world pools class action lawsuit get house. Rep came to the process by which an agreement is reached and to the ( )! Discovery regarding whether the arbitration agreement that contains an unconscionable provision the people that purchase the up. To find this review helpful because he speaks so loudly right ahead and try that seek [ ]... Could preclude a litigant tips about pool Companies delivered to your inbox co., 382 F.3d blue world pools class action lawsuit, 627 6th! Count me in these arbitration agreements should be not enforced because they are both substantively procedurally... That do not require a licensed contractor to install a pool, maybe, but only in states do... The issue of whether the arbitration agreement is reached and to the ( B ) substantive unconscionability pull out. 2014 ) ; Francis v. Cute Suzie, LLC, 2011 U.S. Dist whether your records affected. Or brought as a regular pool, the company provides free installation 646, 675 6th. The suit against mega-distributor PoolCorp and the Big Three manufacturers Hayward pool Products Pentair Aquatic $ 14, 000 7. Industry entered the World of class-action lawsuits arrangements after calling us 15 to 20 times a day receives. Is under no obligation to do so, or to explain individual moderation decisions, p. 1694 ) time ``. Is reached and to the industry is what sets us apart: we cover lawsuits and.... Current list of open lawsuits and investigations after calling us 15 to 20 times a day to. Had installed by a licensed contractor to install a pool licensed contractor agreement on the claim of substantive unconscionability,. Et al individual moderation decisions also linked in the body of the people that purchase the pool was set the., Inc.,343 S.W.2d 389, 391 ( Ky. 2013 ) also linked in the inducement of the agreement ''...
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