I think you people are missing the real crime here. Employees Fed. (citation and punctuation omitted). See Gannon v. Circuit City Stores, 262 F.3d 677, 683 n.8 (8th Cir. 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. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc., 343 S.W.2d 389, 391 (Ky. 1976). Monthly bleach is required, some drainage and removal of pump and ionizer is required for winter. Plaintiffs make two arguments for why the arbitration agreement is substantively unconscionable: (1) it disclaims all substantive remedies; and (2) it imposes excessive costs on Plaintiffs. I do disagree with this company they are scamming people like crazy this company needs a big [censor] law suite on them so they will quit doing this my pool was not worth no 17, 000 for above ground it sould have been inground and heated for that money I think they do owe me some of my money back but you can forget that because that is how they make their money is scamming people every day. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. Who knows. I wasn't asked in advance, informed in advance, nothing. Blue World Pools offers affordable and deluxe above-ground swimming pool package options. 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. The appointment was set, the sales person arrived in a timely manner, she was respectful and knowledgeable. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. Reluctantly, we signed the paperwork out of fear of losing our house. I got the upgrade from the $395 pool as well. Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. You can file a claim on the settlement's website until Jan. 22, 2020, which may entitle you to a cash . Protected by Google ReCAPTCHA. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. My children and friends have heard the messages because he speaks so loudly. (Docket #6). (Docket #1-2). I hope this helps you because you are not alone. Blue World Pools Inc. Blue World Pools Overview. Based on these arbitration provisions, Blue World Pools asks the court to stay this action and compel the parties' to arbitrate their dispute. By Chris Dickerson. The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. It took them about three days to complete the job. Blue World Pools offers three above ground pool packages: Econoline, Midline and Classic. Blue World Pools generally take a deed of trust on the home of the people that purchase the pool. We have had many hours of enjoyment from this beautiful pool. 367 F.3d 493 (6th Cir. Channel 7 in Georgia did an investigation you should watch it. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. I was very skeptical about investing in a Blue World Pool. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. "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." Blue World Pools contacts (added by reviewer) Phone number +1 888 . Cant wait for warm weather so we can jump in. "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." Preston v. Ferrer,552 U.S. 346, 349 (2008). It was installed within a few months and weve been happy ever since. FAQ. (Docket #1-2). When everything is emphasized, nothing is emphasized. 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." We tried to call them and make arrangements at first they would do nothing. Co., 571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). This is a very high quality pool; much more so than I thought it would be. It is a reputable pool dealer that sells and installs above ground pools. 1985)). Id. 2008). (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." When I was told this is a zero maintenance pool, I was extremely skeptical, but they were right! . United States District Court, W.D. I researched above-ground pools and Blue World Pools was the front runner for installation in my area. Conseco Finance Servicing Corp. v. Wilder,47 S.W.3d 335, 341 (Ky. App. 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." Blue World Pools is an above ground pool dealer that offers high-quality products at an affordable price. 3:15-CV-00335-TBR (W.D. Corporation-Alabama v. Randolph, 531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores, 317 F.3d 646, 659 (6th Cir. My husband agreed. It may very well be the first anti-trust class action in the industry. Honestly, it would have lasted longer if I had detected leak on side wall close to water level sooner! 2001); (quoting Arnold v. The Arnold Corp., 920 F.2d 1269, 1280-81 (6th Cir. Please contact me via email at cdrinky@gmail.com I will respond to you with my phone number or you can speak directly to my attorney. When everything is emphasized, nothing is emphasized. Id. Defendant must file a response on or before November 6, 2015. I now have a high quality, low maintenance pool that we can afford and enjoy for years to come. The company secured all of its finance agreements by recording a deed of trust against the consumers property and named itself as the trustee.In 18 sales, the finance agreements were sold to Community Home Financial Services Inc., a national consumer finance company based in Mississippi.The office alleged Blue World engaged in the practice of making mortgage loans without a license and, in some cases, did not disclose all finance charges that would be applied to the loans, including the fact that the annual percentage rates exceeded limits allowed in the state. "Procedural unconscionability relates to the process by which an agreement is reached and to the form 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 General's Office recently entered into a nearly $1.65 million Assurance of Discontinuance with Blue World Pools Inc. to resolve allegations that the. Carson Street Suite 4925 Carson City Nevada United States of America. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." Masco Corp. v. Zurich Am. Id. After all said and done, I am satisfied with the purchase for my wife; this is to help her after a bilateral stroke which left her with an abdominal feed tube and not able to speak; reports say that swimming/pool time can help with recovery. Blue World Pools prices Pools range from $399 and go up to more than $10,000. I was sold on the pool. Plaintiffs claimed that putting the cookware in the dishwasher caused the non-stick surface to peel away and leave sharp edges. They are just scaring you into letting them continue to rob your bank account. All Rights Reserved. This will surely increase the credibility of your complaint. 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." We agreed to the less expensive pool. See Allied-Bruce Terminix Cos. v. Dobson,513 U.S. 265 (1995); Southland Corp. v. Keating,465 U.S. 1, 16 (1984). 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. 2d 937, 940 (W.D. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography"). "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." 1990) ("If the arbitration clause is not at issue, then the arbitrator will decide challenges to the contract containing the arbitration clause"); Prima Paint,388 U.S. 402 ("a broad arbitration clause will be held to encompass arbitration of the claim that the contract itself was induced by fraud"). 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. Also, did you sign an installment agreement with the required true interest cost? "[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." Do you even have a contract with the company (supposed lender) that is taking the moneyNope. 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"). Blue World Pools offers terrific value for your money with low maintenance above ground pools. ComplaintsBoard.com is a leading complaint resolution website on the Internet. LEXIS 58840, *11 (W.D. 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. Bell Tel. 3:2015cv00335 - Document 10 (W.D. (Docket #6). We too were scammed. I pool ionizer is great, and even after heavy rains the water stays clear. 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. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Blue World Pools -. ANDREW ROBERTS, et al., Plaintiffs, The parties shall address all issues. You have to use algaecide, and other chemicals as well. I can assure you that what you describe does not come anywhere close to Blue World Pools, Inc.s policies and procedures or any resemblance of a timeline of events that actually could have transpired. (Docket #6). We then fell on financial hard times with the passing of my grandmother, totaling of my car, and my need to have surgery. 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"). 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. Gen. Fin. Plaintiffs have responded. 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. Green Tree, 531 U.S. at 90-91. v. Help. bears the burden of showing the likelihood of incurring such costs." The list is updated frequently, so check . 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. My wife and I reject their offer. Elec. 2003). See Perez v. Globe Airport Sec.
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