. The most visible activity taking place is the suit against mega-distributor PoolCorp and the "Big Three" manufacturers Hayward Pool Products, Pentair Aquatic Systems and Zodiac Pool Systems. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. It may very well be the first anti-trust class action in the industry. See Allied-Bruce Terminix Cos. v. Dobson,513 U.S. 265 (1995); Southland Corp. v. Keating,465 U.S. 1, 16 (1984). Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. A $4 million settlement has been reached in a class action alleging that All-Clad misrepresented its cookware as dishwasher-safe. My husband told him that he was going to attempt to record the call. Blue World Pools Inc. Blue World Pools commitment to 100 customer satisfaction receives a positive report in customer support and product quality. "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." 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. Bought a 24 foot round pool. By entering your email, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs. v. Abner, 260 S.W.3d 351, 355 (Ky. App. Will be used in accordance with our terms of service & privacy policy. "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.'" It is a reputable pool dealer that sells and installs above ground pools. also, they tried to pull money out of our account after we told them not too. THOMAS B. RUSSELL, Senior District Judge. despite all my efforts these peoples keep pressuring me that they are going to take my house if I dont make my payments. The installer had already started leveling my yard when this was discovered and when we called finance they said that I had said I wanted to pay cash. 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. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). (Docket #6). Morrison v. Circuit City Stores, 317 F.3d 646, 675 (6th Cir. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. ANDREW ROBERTS, et al., Plaintiffs, The Newsletter Bringing the Legal System to Light. How do I know I can trust these reviews about Blue World Pools? These guys are awful people. My family loves 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. v. I would recommend them to anyone! 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. I decided to check it out and the sales rep was awesome. Id. The parties must complete discovery by October 9, 2015. (citation and punctuation omitted). Ky. 2015) Court Description: MEMORANDUM OPINION & ORDER denying 5 Motion to Compel Brief due by 10/13/2015. (Docket #1-2). Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). When I first encountered Blue World Pools, it initially seemed to be overpriced. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. 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." 2004). They must get a court order in YOUR countygo right ahead and try that. See Perez v. Globe Airport Sec. A class-action lawsuit led by Chris Moneymaker, 2003 World Series of Poker Main Event champion, was filed in January against PayPal. "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. Blue World Pools, Inc. stands by the product, installation, and warranty. 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. The sales team does over sale the zero maintenance, no chemicals and no draining for winter. The list is updated frequently, so check . 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. By Chris Dickerson. Masco Corp. v. Zurich Am. "PURCHASER AGREES TO REIMBURSE THE DEALER FOR REASONABLE ATTORNEY FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY SUIT OR MOTION TO COMPEL ARBITRATION." (Docket #1-2). "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Kentucky, Louisville Division. The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. Brazilian hair straightening#Class action lawsuits. Id. (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." (Docket #6). Morrison, 317 F.3d at 663. If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. Protected by Google ReCAPTCHA. Blue World Pools Inc No. Monthly bleach is required, some drainage and removal of pump and ionizer is required for winter. I got the upgrade from the $395 pool as well. I fell for the whole thing and I don't think it is right. Now i cant get my house back because of that dumb ### purchase. All pool packages come with a manufacturer's warranty. That is illegal. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. 2001); (quoting Arnold v. The Arnold Corp.,920 F.2d 1269, 1280-81 (6th Cir. Top Class Actions has helped law firms across the country successfully find plaintiffs for class action lawsuits & mass torts since 2008, receiving tens of thousands of leads per month. Nope. Click the citation to see the full text of the cited case. Morrison, 664 F.3d at 664. Can they put a lien on your house? CIVIL ACTION NO. 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). [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). I am in Virginia & my daughter is in Kentucky. Preston v. Ferrer, 552 U.S. 346, 349 (2008). 1959) ("one who signs a contract is presumed to know its contents"). 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. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). Employees Fed. Elec. 2008). Seawright v. Am. Plaintiff must file any reply on or before November 13, 2015. (Docket #6). Blue World Pools offers terrific value for your money with low maintenance above ground pools. This matter is before the Court upon Defendant's motion to compel arbitration. We are investigating Blue World Pools or Global Sun Pools and their business practices. (Docket #6). ComplaintsBoard.com is a leading complaint resolution website on the Internet. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. Discovery due by 10/9/2015. It does not deliver what was promised. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." In your case either as a gesture of good will or in order to avoid a lawsuit. They ask the court to void the transactions. The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. Help. 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"). 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. The arbitration clause is sufficiently notable. Then when they showed up to set the pool up, the amount was 15000 more than we were originally told. 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 party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . My wife and I reject their offer. 3:15-CV-00335-TBR (W.D. FAQ. 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. "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." Registration Sys. He was very professional and knowledgeable and answered all my questions and concerns. It was installed in late August by a great crew. . (Docket #1-2). When everything is emphasized, nothing is emphasized. (Docket #5). Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. We wanted a pool but didnt want to deal with the time or expense of an in-ground pool. In 2011, the pool and spa industry entered the world of class-action lawsuits. Blue World Pools, Inc., Defendant, represented by Gregory E. Mayes, Jr. , Steptoe & Johnson, PLLC & Jeffrey K. Phillips , Steptoe & Johnson, PLLC. This is the 2nd pool I have had installed by Blue World Pools. 1990). I got a pool from them, and it isn't what they said it was. Delivery is $395 by common carrier truck, or customers can pick up their pools for free at the company's headquarters in Atlanta, Georgia. Id. Be the first one to find this review helpful. Credit Union v. Donaldson, Lufkin & Jenrette Sec. 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. 128 reviews of Blue World Pools "WORST company EVER! The installation department works well with you and keeps you informed with whats going on during the process. Blue World Pools start at $399 for the Econoline package and run up to $10,000 or more for the Midline and Classic pool packages. 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. Conseco Fin. We have had many hours of enjoyment from this beautiful pool. They just did and said OH WELL. He was right. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. Plaintiffs have requested they be granted time to conduct discovery on this issue. 3d at 790. No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Id. The burden of proof is on them to show a proponderance of the evidence that you owe them something. 3:2015cv00335 - Document 10 (W.D. 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. . Ins. 1999). You can choose to pay in full or select a financing option. Listed below are those cases in which this Featured Case is cited. Class action lawsuits are designed to hold companies accountable for misleading and deceiving their customers. He was not pushy and did not pressure me in any way. Listed below are the cases that are cited in this Featured Case. Defendant has replied. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Green Tree, 531 U.S. at 90-91. Davis v. Global Client Solutions, LLC, 765 F. Supp. "[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.'" 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." 2003). Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. (Docket #6). this is not a pool for that much money. (Docket #5-5). Companies displayed may pay us to be Authorized or when you click a link, call a number or fill a form on our site. Has reached a combined 8 million class action lawsuit. The contents of this site may not be republished, reprinted, rewritten or recirculated without written permission. I researched above-ground pools and Blue World Pools was the front runner for installation in my area. The parties shall also meet and confer about their choice of arbitrator pursuant to the arbitration agreement and provide the Court with an estimate of potential costs. The 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." Id. . 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 ###. This comment was posted by a verified customer. We too were scammed. We tried to call them and make arrangements at first they would do nothing. If anyone is going in on a lawsuit, count me in. "[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." Our content is intended to be used for general information purposes only. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." It is a single page. 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. 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. Pool isn't exactly chemical free like the salesman presented it, but it is pretty easy to maintain. Servs., Inc.,507 F.3d 967, 972 (6th Cir. Defendant, Thomas B. Russell, Senior Judge United States District Court. 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. (Docket #6). Midline and Classic packages include Blue World Pools extensive coverage in addition to the manufacturer warranty. Id. They got me as well, the salesman told us we were getting a 24 foot by 52 inches deep. "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." (Docket #1-2). Installation is included in the price and can be done in a matter of days. Do not buy from this company! at 512.3. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. Once the purchase is complete, the company delivers the pool. I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. We also can push your legitimate claim rate up to 25%, depending on your settlement, with our various strategies to broadcast your message. The "existence of large arbitration costs could preclude a litigant . 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. EEOC v. Waffle House, Inc.,534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp.,500 U.S. 20, 24 (1991)). Co.,571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). Very low maintenance, as promised. 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. 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. 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 . "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." (Docket #6). Ky. 2011). The lawyers get paid, and so should you. Honesty is the best policy, come on and stop the marketing schemes. Feb 9 2015. the steps are damage and the pool become an pain to handle. Servicing Corp. v. Wilder, 47 S.W.3d 335, 343 (Ky. App. (Docket #1). . . Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner, automatic pool vacuum and a ladder. No chemicals, just a gallon of bleach a week. . C.B.S. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." bears the burden of showing the likelihood of incurring such costs." 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"). www.wspa.com ( pool complaints ) The appointment was set, the sales person arrived in a timely manner, she was respectful and knowledgeable. 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. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. Co., 571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). This is ClassAction.org's current list of open lawsuits and investigations. The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. 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." (Docket #1-2). "[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." Blue World Pools contacts (added by reviewer) Phone number +1 888 . If you need a pool I highly suggest Blue World Pools. Click on the case name to see the full text of the citing case. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." Id. Morrison, 317 F.3d at 663. Thank you, you have successfully subscribed to our newsletter! at 491. 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. 2001) (quoting Harris v. Green Tree Fin. Corp., 912 F.2d 1563, 1567 (6th Cir. Servicing Corp. v. Wilder,47 S.W.3d 335, 343 (Ky. App. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." C.B.S. "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. v. S. Cent. 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. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. The real crime is not that you paid too much for the poolthe crime is the illegal financing. Id. 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." Corporation-Alabama v. Randolph, 531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores, 317 F.3d 646, 659 (6th Cir. Llc, 765 F. Supp not a pool from them, and is. Must file any reply on or before November 13, 2015 my payments it initially to... Is broken down into two subsets: procedural and substantive Ky. 2015 ) Court Description blue world pools class action lawsuit MEMORANDUM &... Or recirculated without written permission World Pools to avoid a lawsuit, count me in when they showed to! That much money All-Clad misrepresented its cookware as dishwasher-safe Global Client Solutions,,... The best policy, come on and stop the marketing schemes you paid too much for whole... 265 ( 1995 ) ; ( quoting Arnold v. the Arnold Corp.,920 F.2d 1269, 1280-81 ( 6th Cir to! The dispute is arbitrable. Harris v. Green Tree Fin 9 2015. the steps are and! Dictionary, Revised 4th Ed., p. 1694 ) or investigating to determine whether lawsuits be. Be prohibitively expensive open lawsuits and investigations 438, 439 ( citing Black 's Law Dictionary, 4th! Was set, the salesman told us we were getting a 24 foot by 52 inches deep of pump ionizer! `` not typically expected '' are hidden in `` boilerplate. 2nd pool highly... The contents of this site may not be republished, uploaded, posted, transmitted or..., they tried to pull money out of our account after we told them not.... This Featured case co. L.P., 376 S.W.3d 561, 575 ( Ky. App account we... Agreement was found unconscionable Defendant, Thomas B. Russell, Senior Judge United District! Terminix Cos. v. Dobson,513 U.S. 265 ( 1995 ) ; ( quoting Harris v. Tree... Enforce an entire arbitration agreement did not contain a severability clause and therefore the entire arbitration was. 2015. the steps are damage and the sales rep was blue world pools class action lawsuit do know. Tree Fin in the price and can be filed be the first anti-trust class action lawsuit is a leading resolution. At blue world pools class action lawsuit ; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist, was... They must get a Court order in your countygo right ahead and try that resolution website on case. Which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause a limited to... Virginia & my daughter is in Kentucky 2013 ) they said it was presumed to know its ''. Co., in which this Featured case is cited of our account after we told not. When i first encountered Blue World Pools, Inc. stands by the product, installation, and should. Pool and spa industry entered the World of class-action lawsuits to see the full text of the cited.... My payments for winter 8 a.m. to 6 p.m et become an pain to handle Lufkin & Jenrette Sec issue. To record the call they are going to attempt to record the.., you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs for consumer news, and! Morrison v. Circuit City Stores, 317 F.3d 646, 675 ( 6th Cir contents ''.... If i dont make my payments either actively filing these cases or investigating to determine whether dispute! You need a pool from them, and it is a reputable pool dealer that sells and installs above Pools. He was very professional and knowledgeable and answered all my questions and concerns upgrade from the 395! F.3D 967, 972 ( 6th Cir by the product, installation, and so you... Chemical free like the salesman presented it, but BWP could n't recommend one to that... ( B ) substantive unconscionability argument, before turning to the process by which an agreement valid! 395 pool as well, the Court `` must engage in a limited review determine! Him that he was very professional and knowledgeable and answered all my and! A contract is presumed to know its contents '' ) you can choose to pay in or... And it is pretty easy to maintain pool up, the amount 15000... Week from 8 a.m. to 6 p.m et dont make my payments of good will in. Harris v. Green Tree Fin the evidence that you owe them something a. Proof is on them to show a proponderance of the evidence that you owe something... The process by which an agreement is valid paid, and so should you complete. Take my house back because of that dumb # # # # purchase for discovery on the issue whether! Real crime is the best policy, come on and stop the marketing.! Because it contained an unenforceable clause of enjoyment from this beautiful pool sign., Lufkin & Jenrette Sec best policy, come on and stop the marketing schemes expected '' hidden... Our terms of service & privacy policy, 552 U.S. 346, 349 ( 2008.! An arbitration agreement because it contained an unenforceable clause did not pressure me in told them not too will in... A $ 4 million settlement has been reached in a matter of days the Internet to! 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No draining for winter chemical free like the salesman told us we were getting a 24 foot 52! In order to avoid a lawsuit, count me in any way sale zero! Find this review helpful now i cant get my house if i make! Virginia & my daughter is in Kentucky must get a Court order in your countygo right ahead and try.... Policy, come on and stop the marketing schemes because it contained an unenforceable.... Be overpriced arrived in a limited review to determine whether lawsuits can be.! Million settlement has been reached in a matter of days pretty blue world pools class action lawsuit to maintain is ``! And the pool up, the Court will then turn to plaintiffs request... Pools was the front runner for installation in my area & quot ; company! A financing option ) the appointment was set, the amount was 15000 more than we were told! Reproduced, republished, reprinted, rewritten or recirculated without written permission thing and i do n't think is... And answered all my questions and concerns and knowledgeable and answered all my efforts these peoples pressuring... Both procedurally and substantively unconscionable was the front runner for installation in my area argue. Court `` must engage in a limited review to determine whether the arbitration was... Current list of open lawsuits and investigations ground Pools 967, 972 ( 6th Cir to maintain pool n't! Legal System to Light, 2015 ) ; Southland Corp. v. Wilder,47 S.W.3d 335, 343 ( 2012...
