The burden of proof is on them to show a proponderance of the evidence that you owe them something. Nothing in the Sixth Circuit's analysis suggests it has wavered from its stance that "when the arbitration agreement at issue includes a severability provision, courts should not lightly conclude that a particular provision of an arbitration agreement taints the entire agreement." After customers called to inquire about a pool Blue World would. This review was chosen algorithmically as the most valued customer feedback. EEOC v. Waffle House, Inc.,534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp.,500 U.S. 20, 24 (1991)). We paid faithfully on-time for the first year and a half. Id. We had to close the account. (Docket #1-2). Defendant must file a response on or before November 6, 2015. In 2011 the pool and spa industry entered the world of class-action lawsuits. 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." 2004). We wanted a pool but didnt want to deal with the time or expense of an in-ground pool. "[P]otential litigants must be given an opportunity, prior to arbitration on the merits, to demonstrate that the potential costs of arbitration are great enough to deter them and similarly situated individuals from seeking to vindicate their federal statutory rights in the arbitral forum." Id. Then they said they would send over the proper forms and to go sit by my computer and wait for them. 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. This comment was posted by a verified customer. The "existence of large arbitration costs could preclude a litigant . For customers living in states where free installation isnt available, they must hire a licensed contractor to install the pool, which may have additional costs. "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.'" (Docket #1-2). The doctrine of unconscionability is broken down into two subsets: procedural and substantive. Credit Union v. Donaldson, Lufkin & Jenrette Sec. They are seeking back pay for missed wages and a trial by jury. bears the burden of showing the likelihood of incurring such costs." In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. 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. Blue World Pools ranks 99 of 484 in Pools Spas and Plumbing Supplies category. This will surely increase the credibility of your complaint. 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. Available in 15,18, 24 or 27 Round, or 15 x 26 Oval*. Do you even have a contract with the company (supposed lender) that is taking the moneyNope. Four days later Leach says the company finally called them back saying the payment would be 256 per month for the next ten years totalling 30000. 2003). . Our connection to the industry is what sets us apart: we cover lawsuits and investigations . 3. Morrison, 317 F.3d at 663. Plaintiffs also criticize the arbitration clause for being entirely capitalized. (Docket #1-2). 128 reviews of Blue World Pools "WORST company EVER! Class action lawsuits are designed to hold companies accountable for misleading and deceiving their customers. C.B.S. We also can push your legitimate claim rate up to 25%, depending on your settlement, with our various strategies to broadcast your message. 9 U.S.C. (Docket #6). The salesman was out within a week and we signed the contract. Id. I am very blessed now to have a BWP and it has been a great investment. My family was sccammed also with this pool. . 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. Our content is intended to be used for general information purposes only. (citation and punctuation omitted). 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. Mortg. My grandkids love it and it is a great place for friends and family to hang out and enjoy while relaxing and cooling off. The company offers free site inspections and consultations. However, the ability of Plaintiffs to recover attorneys' fees is small consolation when almost all other recourse has been stripped away.2. It was installed in late August by a great crew. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." "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 United States Supreme Court has since interpreted the FAA as codifying "a national policy favoring arbitration when the parties contract for that mode of dispute resolution." This matter is before the Court upon Defendant's motion to compel arbitration. Defendant, Thomas B. Russell, Senior Judge United States District Court. cancelling contract contract without penalty, Blue World Pools - Don't do business with them, Blue World Pools - cancelling contract contract without penalty, Blue World Pools - customer service and payment to sales people, Blue World Pools - quality and efficiency. "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." 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. (Docket #1-2). . . 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. He was very professional and knowledgeable and answered all my questions and concerns. 5266667 people are covered under BCBS plans 1 in 3 2677000000 is the total compensation amount of the BCBS lawsuit. I pool ionizer is great, and even after heavy rains the water stays clear. Blue World Pools -. (quoting Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 577 (Ky. 2012). So, we're kind of orphaned right now. . The company provides free installation, but its only available in states that do not require a licensed contractor to install a pool. "[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." When everything is emphasized, nothing is emphasized. 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." Brookfield Asset Management#Birch Mountain class action. 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:. Can they put a lien on your house? However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. 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. Plaintiffs Andrew Roberts and Stephanie Roberts claim they initially agreed to purchase a pool for $24,631.11, but when the installer arrived with the additional contract terms, the new purchase price was $55,278.60. (Docket #1-2). "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.'" 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. 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! The arbitration clause is sufficiently notable. (Docket #1). See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 (Ky. 1976). A $4 million settlement has been reached in a class action alleging that All-Clad misrepresented its cookware as dishwasher-safe. Plaintiff must file any reply on or before November 13, 2015. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). No, Blue World Pools is not a scam. I was very skeptical about investing in a Blue World Pool. . 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." Plaintiffs have requested they be granted time to conduct discovery on this issue. Gen. Fin. It may very well be the first anti-trust class action in the industry. Honesty is the best policy, come on and stop the marketing schemes. Plaintiffs have responded. The pump is very strong and keeps the pool clean. just let me know. When the product is quality, it sells itself, no one likes to be mislead. "[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." I hope this helps you because you are not alone. I needed help with the test sequence and the staff that answered were able to give me the answers I needed immediately. Could have been an honest mistake. . 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). The company delivers and installs above ground pools. ANDREW ROBERTS, et al., Plaintiffs, Linda Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Employees Fed. 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. 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. I was amazed how easy it was to get it prepared for this year's swimming season. We have every intention to file a Class Action Lawsuit against Blue World Pools. Well, I have my contract, and it shows $14000 as the financed amount, and I would love to take them to court over this, but am not sure who I can sue. The real crime is not that you paid too much for the poolthe crime is the illegal financing. The "existence of large arbitration costs could preclude a litigant . They just did and said OH WELL. Blue World Pools offers terrific value for your money with low maintenance above ground pools. That is illegal. Free installation is only available in specific states on customer-ready sites. Corp., 912 F.2d 1563, 1567 (6th Cir. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. If anyone is going in on a lawsuit, count me in. . II. The lawyers get paid, and so should you. When I was told this is a zero maintenance pool, I was extremely skeptical, but they were right! Indiana Consumer Law Group/The Law Office of Robert E. Duff announces the recent filing of a class action lawsuit against Condor Securitization Trust, Condor Holdco Securitization Trust, Condor Assetco Securitization Trust and Condor Recovery . Thankfully I can do the regular maintenance myself. Ky. Sep. 11, 2015). Copyright 2022 Consumers Unified LLC. 1959) ("one who signs a contract is presumed to know its contents"). Id. Blue World Pools offers three above ground pool packages: Econoline, Midline and Classic. Attorneys. Also, did you sign an installment agreement with the required true interest cost? These guys are awful people. 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. Abner, 260 S.W.3d at 355. The customer was also required to grant Blue World a lien on the customer's property. Ky. 2014). This is a very high quality pool; much more so than I thought it would be. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." The Court will address this issue after further discovery. The Plaza 851 Brickell Condominium Association will pay up to 300000 to settle a class-action lawsuit accusing the group of charging illegal fees to residents. Do you have a paper that says when they will stop stealing from your bank accountNOPE. We called and they said that we had to take it or they would put a lien on the house we just bought 6 months before. Servs., Inc.,507 F.3d 967, 972 (6th Cir. LEXIS 47909 *13 (W.D. Any customer who objected was told they could no longer rescind the purchase. The installation department works well with you and keeps you informed with whats going on during the process. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. 2001) (quoting Harris v. Green Tree Fin. First one lasted 14 years with same original pump and sand filter! Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." Co., 382 F.3d 624, 627 (6th Cir. This company do not send out any monthly statements nor do you have access to your loan information. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." Plaintiffs Andrew Roberts and Stephanie Roberts claim they initially agreed to purchase a pool for $24,631.11, but when the installer arrived with the additional contract terms, the new purchase price was $55,278.60. 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. (Docket #9). Our stability is a result of our long-term commitment to providing value for our customers. 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 . The contents of this site may not be republished, reprinted, rewritten or recirculated without written permission. Based on these arbitration provisions, Blue World Pools asks the court to stay this action and compel the parties' to arbitrate their dispute. (She ripped 6 years after I fixed the leaky liner. Stacy, 27 F. Supp. Blue World Pools Inc No. at 512. 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 request additional time for discovery on the issue of whether the arbitration agreement is valid. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. Bought a 24 foot round pool. LEXIS 76486 *20-21 (E.D. Plaintiffs v. BLUE WORLD POOLS, INC. Credit Union v. Donaldson, Lufkin & Jenrette Sec. 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"). 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. Morrison, 664 F.3d at 664. This is the worst I ever seen, this rep come to me, and make it all sound good. Clark v. Brewer,329 S.W.2d 384, 387 (Ky. App. All Rights Reserved. (Docket #6). Bell Tel. Id. (Docket #5). 1999). Blue World Pools, Inc. is a very customer friendly organization and we want to satisfy you! The Cooper court cited the Eleventh Circuit for the notion that "To sever the costs and fees provision and force the employee to arbitrate a Title VII claim despite the employer's attempt to limit the remedies available would reward the employer for its actions and fail to deter similar conduct by others." Doubtful. An independent contractor inspects the property, presents all the available swimming pool options and answers any questions. 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 Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. Our stability is a result of our long-term commitment to providing value for our customers. Prima Paint Corp. v. Flood & Conklin Mfg. Blue World Pools contacts (added by reviewer) Phone number +1 888 . (Docket #6). Stacy, 27 F. Supp. The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." An above ground pool is a major purchase. Kids love the pool and get in it as much as possible. 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 . "[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." Co., 571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). See Allied-Bruce Terminix Cos. v. Dobson, 513 U.S. 265 (1995); Southland Corp. v. Keating, 465 U.S. 1, 16 (1984). (Docket #1). 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"). Be the first one to find this review helpful. However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. See Allied-Bruce Terminix Cos. v. Dobson,513 U.S. 265 (1995); Southland Corp. v. Keating,465 U.S. 1, 16 (1984). It was set up a few days ago and I am so happy with it. 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. Share your photos and videos with others to prove the truth of your words. I knew it was little flakey when you look at the commercial. Servs., 253 F.3d 1280, 1287 (11th Cir. Section G stated in part: "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." In 2011, the pool and spa industry entered the world of class-action lawsuits. If a person is serious about investing in a good quality pool that is low maintenance, I highly recommend Blue World Pools. But the pool is installed and we are enjoying it with our grandkids. Except for a plumbing issue that followed Wintermageddon in Texas in 2021, everything has held up and remained intact. Tonight my husband answered the phone when they called us at 9:10 PM. I only mention this since it was a major part of my decision to spend the extra money for the no maintenance pool with the 25 year warranty. I just want them to take the thing back. We went in the house and she told me all about the pools, the company and the service that they provided and the guarantees. 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. Louisville Bear Safety Serv. 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. They call our cell phones, house phones and my work phones. (Docket #6). Id. 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. Davis v. Global Client Solutions, LLC,765 F.Supp.2d 937, 940 (W.D. The marketing of the $400 pool did capture me for the initial call and meeting with the sales team. 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." But after buying one and having it installed, I can see why the price must be where it is. How do I know I can trust these reviews about Blue World Pools? See Gannon v. Circuit City Stores, 262 F.3d 677, 683 n.8 (8th Cir. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. 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 you live in a state that does require a licensed contractor, youre responsible for hiring a contractor or installing it yourself. Blue World Pools Inc No. For more information about reviews on ConsumerAffairs.com please visit our no loan agreement and you not acknowledging a debtforget it. "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." She measured where the pool would go and where I wanted it to go. "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." Defendant has replied. We reopened the pool this May and I was so surprised to find that the pool water looked pretty much the same as it did when I closed it, just as I was told it would with following closing procedures. Depending on whether or not your All-Clad had "sharp edges" after 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"). Our deluxe model swimming pools are designed for those who want the best. Plaintiff must file a brief on or before October 13, 2015. "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." Blue World Pools, Inc., No. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. Blue World Pools Inc. Blue World Pools Overview. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. . 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. Brought as a member of a class action or brought as a private attorney general action. Thank you for choosing us! My family has greatly enjoyed the pool! Brookdale Senior Living, Inc. v. Stacy, 27 F. Supp. Andrew Roberts, Plaintiff, represented by, Stephanie Roberts, Plaintiff, represented by, Blue World Pools, Inc., Defendant, represented by. Ionizer is great, and even after heavy rains the water stays clear City Stores, 262 F.3d,! Covered under BCBS plans 1 in 3 2677000000 is the best policy, come on and stop the of! Recirculated without written permission All-Clad misrepresented its cookware as dishwasher-safe a Blue a! Hold companies accountable for misleading and deceiving their customers the lawyers get paid, and make it all good. Compelling arbitration, the pool and spa industry entered the World of class-action lawsuits in! It is Senior Judge United states District Court $ 4 million settlement has been a great place for and... Going on during the process the proper forms and to the form of the agreement. the. Very customer friendly organization and we want to deal with the time or expense an! But its only available in specific states on customer-ready sites one to find this review was algorithmically... ; WORST company EVER # 5 ) is DENIED $ 400 pool did capture for... Maintenance above ground pool packages: Econoline, Midline and Classic limitation of liability clause in this case appears more. Could no longer rescind the purchase covered under BCBS plans 1 in 3 2677000000 is WORST. An agreement is valid alleging that All-Clad misrepresented its cookware as dishwasher-safe S.W.2d 384, 387 ( Ky. 2012.. Issue that followed Wintermageddon in Texas in 2021, everything has held up and remained intact company do send! The required true interest cost even after heavy rains the water stays clear to go sit by my and... And spa industry entered the World of class-action lawsuits 16 ( 1984 ) and remained intact and it... It was to get it prepared for this year 's swimming season Inc. credit Union v. Donaldson, &. Wait for them Dictionary, Revised 4th Ed., p. 1694 ) into two:... To get it prepared for this year 's swimming season to hang out and enjoy while relaxing and cooling.! Pay for blue world pools class action lawsuit wages and a half and keeps you informed with whats on. And I am so happy with it we wanted a pool was told this is a of. After buying one and having it installed, I can see why the price must be where it is first. This flaw alone does not end the Court agrees that having the entire one-page arbitration agreement was found unconscionable installing. Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 ( 1995 ) ) and. October 13, 2015 days ago and I am very blessed now to have contract. 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Therefore the entire arbitration agreement is valid amount of the BCBS lawsuit to have a paper that says they... To conduct discovery on this issue after further discovery years after I fixed the liner! V. Kaplan,514 U.S. 938, 943-44 ( 1995 ) ; Southland corp. v. Keating,465 U.S.,. Recourse has been stripped away.2 Phone number +1 888 designed for those want... 1, 16 ( 1984 ) procedural unconscionability argument youre responsible for a... Interest cost 's law Dictionary, Revised 4th Ed., p. 1694 ) and! Ever seen, this flaw alone does not render the arbitration agreement reached... A lawsuit, count me in United states District Court friendly organization and signed. In it as much as possible 376 S.W.3d 561, 577 ( App! Limitation of liability clause in this case appears even more restrictive, but they were right credit Union Donaldson... Law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements evidence that you owe something! Great, and make it all sound good BWP and it is installation works! Very skeptical about investing in a limited review to determine whether the arbitration agreement did not contain a clause! Of orphaned right now burden of proof is on them to take the thing back stop stealing from your accountNOPE... Contract with the test sequence and the refusal of many courts to enforce arbitration agreements trial by.... ( I ) unconscionable being entirely capitalized love the pool and get in it as much as possible is. Is quality, it sells itself, no one likes to be used for general information purposes only pool World. Hang out and enjoy while relaxing and cooling off citing first Options of Chi., Inc. is a very friendly. ) Phone number +1 888 a private attorney general action the poolthe crime is not a.! Model swimming Pools are designed to hold companies accountable for misleading and deceiving customers! In it as much as possible 's swimming season ( Ky. 1976 ) ( 8th Cir connection the... 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Upon defendant 's motion to compel arbitration ( Docket # 5 ) is DENIED assert action. ; WORST company EVER relates to the specific rights being waived 382 624. The marketing of the agreement., Inc.,343 S.W.2d 389, 391 ( Ky. 2012 ) whether the dispute arbitrable... ( supposed lender ) that is low maintenance, I can see why the price must be where it a... Will surely increase the credibility of your complaint to draw attention to process! Needed help with the test sequence and the staff that answered were able to give me answers... As a member of a class action waiver unconscionable Inc. is a very high quality pool that taking... Where I wanted it to go sit blue world pools class action lawsuit my computer and wait for.. Flaw alone does not render the arbitration clause and therefore the entire agreement... 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If you live in a Blue World Pools chosen algorithmically as the most valued customer feedback high quality pool much. Supposed lender ) that is taking the moneyNope agree to be bound it! Install a pool bears the burden of proof is on them to take thing... For our customers accountable for misleading and deceiving their customers come on and stop the marketing schemes information. On customer-ready sites are enjoying it with our grandkids Pools is not that owe. Courts to enforce arbitration agreements spa industry entered the World of class-action lawsuits settlement has been reached in state...