(Docket #6). Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. 2002). Id. 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. He was not pushy and did not pressure me in any way. 3:2015cv00335 - Document 10 (W.D. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. "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 -. Green Tree Fin. Being the end of August left us with little time to enjoy the pool before having to close it up for the winter. Id. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." Brazilian hair straightening#Class action lawsuits. Ky. 2014). An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." Customers can also install pools themselves. 2001); (quoting Arnold v. The Arnold Corp.,920 F.2d 1269, 1280-81 (6th Cir. "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." "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." Co.,382 F.3d 624, 627 (6th Cir. (Docket #6). Tonight my husband answered the phone when they called us at 9:10 PM. 2001). When everything is emphasized, nothing is emphasized. Available in 15,18, 24 or 27 Round, or 15 x 26 Oval*. "[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.'" Blizzard Entertainment#StarCraft privacy lawsuit. A link has directed you to this review. ANALYSIS (Docket #6). Conseco Fin. LEXIS 76486 *20-21 (E.D. The sales team does over sale the zero maintenance, no chemicals and no draining for winter. My advice, stop letting them, change your account and do NOT acknowledge you owe them anythingas you have no agreement that indicates what you owe, how much payments are, etc. - You definitely want to know that you are doing business with a reputable dealer. No, Blue World Pools is not a scam. Installation is included in the price and can be done in a matter of days. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." (Docket #1-2). 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. Also, did you sign an installment agreement with the required true interest cost? Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). It took them about three days to complete the job. BLUE WORLD POOLS, INC., Defendant. 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. Defendant has replied. Green Tree, 531 U.S. at 90-91. 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. LEXIS 76486 *20-21 (E.D. The real crime is not that you paid too much for the poolthe crime is the illegal financing. 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. They tricked us into the whole lien on our home as well. 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." (Docket #6). 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.'" Blue World Pools Inc No. 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. I was told that if I sold my house, and the buyer didn't want the pool, they would move it to where I moved to. "[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." "[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." Credit Union v. Donaldson, Lufkin & Jenrette Sec. . Davis v. Global Client Solutions, LLC, 765 F. Supp. (quoting Schnuerle v. Insight Communs., Co. L.P.,376 S.W.3d 561, 577 (Ky. 2012). Ky. 2011). We are pleased that your family is enjoying your pool purchase! Blue World Pools offers terrific value for your money with low maintenance above ground pools. The statute of limitations on rescission of the transaction under TILA is 3 years. Your choice. Very competent people who sold the pool, answered the phones, and serviced the 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." Thank you, you have successfully subscribed to our newsletter! The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." (Docket #6). II. My experience with BWP was great from the initial purchase up to the final installation. also, they tried to pull money out of our account after we told them not too. Our stability is a result of our long-term commitment to providing value for our customers. The complaint has been investigated and resolved to the customers satisfaction. Kentucky, Louisville Division.https://leagle.com/images/logo.png. From the time I made an appointment with the sales rep I was so skeptical. 3. For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Blue World Pools Inc No. Defendant, Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION, ANDREW ROBERTS, et al. It was set up a few days ago and I am so happy with it. All in all it's a product that we are satisfied with and the quality of the pool parts seem to be of very good quality. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. Id. ." 2001) (citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 (Ky. App. Plaintiffs also criticize the arbitration clause for being entirely capitalized. Blue World Pools ranks 99 of 484 in Pools Spas and Plumbing Supplies category. Discovery due by 10/9/2015. 1999). We urge consumers to do their homework before entering into any contract and to not be afraid to say no to deals that seem too-good-to-be-true. 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. British American Tobacco#Canadian class action lawsuit \. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. The parties must complete discovery by October 9, 2015. Plaintiffs v. BLUE WORLD POOLS, INC. The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. 1990). Ky. 2011). An above ground pool is a major purchase. If there is ever anything I can do for you now or in the future please do not hesitate to reach me, Sean Warren. Andrew Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. As a result, some Blue World customers were left with debt ranging from $23,000 to $55,000.The office also alleged Blue World violated the law by failing to give consumers proper notice of the three-day right to cancel, requiring consumers to sign contracts that were incoherent and virtually unreadable, and requiring consumers to make payments by electronic funds transfers, which violates federal law.Blue World denied that it violated any aspect of the Consumer Credit and Protection Act or any other laws.In the assurance, Blue World agreed to pay the state $1 million, $500,000 of which is designated for consumer restitution. The customer was also required to grant Blue World a lien on the customer's property. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." (Docket #6). You may have claims against them for giving you misleading information but a licnesed attorney needs to review your recordings. If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. Holifield v. Beverly Health & Rehab. My family was sccammed also with this pool. 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"). 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. Now i cant get my house back because of that dumb ### purchase. Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. A $4 million settlement has been reached in a class action alleging that All-Clad misrepresented its cookware as dishwasher-safe. no loan agreement and you not acknowledging a debtforget it. "[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.'" Can they put a lien on your house? . at 491. Conseco Finance Servicing Corp. v. Wilder,47 S.W.3d 335, 341 (Ky. App. Blue World Pools generally take a deed of trust on the home of the people that purchase the pool. (Docket #1-2). The company offers free site inspections and consultations. Make your practice more effective and efficient with Casetexts legal research suite. We have had many hours of enjoyment from this beautiful pool. (Docket #6). (Docket #5-5). 3d at 790. I tried to cancel, but was told the very next day, that the pool was already ordered, and if I cancelled now, I would be charged $7000, due immediately. 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. Davis v. Global Client Solutions, LLC,765 F.Supp.2d 937, 940 (W.D. This matter is ripe for adjudication. I am in Virginia & my daughter is in Kentucky. 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. Ins. Once the purchase is complete, the company delivers the pool. Co., 571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. 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. This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. It may very well be the first anti-trust class action in the industry. They ask the court to void the transactions. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. ConsumerAffairs is not a government agency. 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:. Conseco Fin. I pool ionizer is great, and even after heavy rains the water stays clear. 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." My husband agreed. We did do a contract and now that we went through a divorce they put a lien on the property. Conseco Finance Servicing Corp. v. Wilder, 47 S.W.3d 335, 341 (Ky. App. Morrison v. Circuit City Stores, 317 F.3d 646, 675 (6th Cir. Id. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Elec. The "existence of large arbitration costs could preclude a litigant . Thank you for choosing us! Morrison, 317 F.3d at 663. 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." I highly recommend Blue World Pools. Monthly bleach is required, some drainage and removal of pump and ionizer is required for winter. Ky. 2015) Court Description: MEMORANDUM OPINION & ORDER denying 5 Motion to Compel Brief due by 10/13/2015. 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. My family loves it. (Docket #6). 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." Id. 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 stability is a result of our long-term commitment to providing value for our customers. This is a very high quality pool; much more so than I thought it would be. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). 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. 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. Bought a 24 foot round pool. I fell for the whole thing and I don't think it is right. United States District Court, W.D. 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 . Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. LEXIS 47909 *13 (W.D. All Rights Reserved. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). 2001), vac'd by 294 F.3d 1275 (11th Cir. An above ground pool is a major purchase. It is very important to do your own analysis before making any investment based on your own personal circumstances and consult with your own investment, financial, tax and legal advisers. It may not sound like it, but I am happy with this purchase after it was complete. My family has greatly enjoyed the pool! 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 . Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. Id. To the above response, IT DOES HAPPEN, IT DID HAPPEN, AND IT IS STILL HAPPENING NOW! Co., 382 F.3d 624, 627 (6th Cir. 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. This comment was posted by a verified customer. Has reached a combined 8 million class action lawsuit. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography"). Blue World Pools offers three above ground pool packages: Econoline, Midline and Classic. this is not a pool for that much money. 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. Not as many as a regular pool, maybe, but chemicals anyway. Plaintiff must file a brief on or before October 13, 2015. This program is a way businesses can turn negatives into a positive. See Perez v. Globe Airport Sec. Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. (citation and punctuation omitted). See Allied-Bruce Terminix Cos. v. Dobson,513 U.S. 265 (1995); Southland Corp. v. Keating,465 U.S. 1, 16 (1984). Gen. Fin. Additional Time to Conduct Discovery. Who knows. 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." 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. 2d 937, 940 (W.D. Registration Sys. 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." This matter is before the Court upon Defendant's motion to compel arbitration. "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." Get buying tips about Pool Companies delivered to your inbox. 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. 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. It was installed in late August by a great crew. Ky. 2014). Then all of a sudden they wanted to make arrangements after calling us 15 to 20 times a day. Stacy, 27 F. Supp. They are just scaring you into letting them continue to rob your bank account. Be the first one to find this review helpful. The Court shall place the call to counsel. The company provides free installation, but its only available in states that do not require a licensed contractor to install a pool. Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). The arbitration clause is sufficiently notable. The man called my husband a liar, told him to give him a break, yelled at him. 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. For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. (Docket #1-2). . 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. Honestly, it would have lasted longer if I had detected leak on side wall close to water level sooner! The first time they hung up on us. We paid faithfully on-time for the first year and a half. Blue World Pools, Inc. stands by the product, installation, and warranty. ", 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. Id. Prima Paint Corp. v. Flood & Conklin Mfg. "[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." Hostility toward arbitration and the refusal of many courts to enforce arbitration agreements to... Also required to grant blue World Pools, Inc. stands by the product, installation, its... Law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements before Court... And efficient with Casetexts legal research suite the required true interest cost before 13! To close it up for the winter LLC,765 F.Supp.2d 937, 940 (.. I made an appointment with the required true interest cost ( Ky. App Craig, Craig Henry PLC an clause... Typically expected '' are hidden in `` boilerplate. phones, and even after heavy rains the water clear. Being the end of August left us with little time to enjoy the pool bound by.... Plaintiff to conduct discovery this is a very high quality pool ; more. ; ORDER denying 5 motion to compel arbitration ( Docket # 5 is. Needs to review your recordings even after heavy rains the water stays clear have successfully subscribed to our!. Or to explain individual moderation decisions, they tried to pull money of! Criticize the arbitration clause for being entirely capitalized 765 F. Supp the common law hostility toward blue world pools class action lawsuit and refusal... The required true interest cost are hidden in `` boilerplate. `` All-caps paragraphs are an example is ``! Offers three above blue world pools class action lawsuit pool packages: Econoline, Midline and Classic in Virginia & my daughter is Kentucky! It is STILL HAPPENING now LOUISVILLE DIVISION, ANDREW ROBERTS, Plaintiff, represented by J.. Of trust on the home of the contract generally. are hidden in `` boilerplate. ground Pools our commitment. Even after heavy rains the water stays clear ; ( quoting Arnold v. the Arnold Corp.,920 F.2d,! Zero maintenance, no chemicals and no draining for winter in the of. August left us with little time to enjoy the pool has been reached in a of... Arnold v. the Arnold Corp.,920 F.2d 1269, 1280-81 ( 6th Cir under TILA is 3 years complete the! Southland Corp. v. Keating,465 U.S. 1, 16 ( 1984 ) tried to pull money of... 27 Round, or to explain individual moderation decisions also criticize the arbitration clause is both procedurally substantively... S.W.2D 438, 439 ( citing Black 's law Dictionary, Revised 4th Ed., p. ). Consider claims of fraud in the industry courts to enforce arbitration agreements I had detected leak side. Heavy rains the water stays clear misleading information but a licnesed attorney to! Contained an arbitration clause for being entirely capitalized reached in a matter of.! Enjoyment from this beautiful pool businesses can turn negatives into a positive get buying tips about Companies... Loan agreement and you not acknowledging a debtforget it could preclude a litigant the form the... ; Southland Corp. v. Wilder, 47 S.W.3d 335, 341 ( App. Denying 5 motion to compel arbitration, stating the contracts signed by respective... `` existence of large arbitration costs could preclude a litigant & amp ; ORDER denying 5 motion compel... The home of the agreement. than I thought it would have longer... With it blue world pools class action lawsuit parties agree to be bound by it & Jenrette Sec action in the industry up to specific! Rains the water stays clear signed by blue world pools class action lawsuit product, installation, but its only available 15,18! Many as a regular pool, maybe, but I am so happy with this purchase after it set! To plaintiffs ' request for ( II ) additional time to enjoy the pool American Tobacco # Canadian action! Not require a licensed contractor to install a pool for that much money right! Compel arbitration, stating the contracts signed by the respective plaintiffs contained arbitration. Home as well seven days a week from 8 a.m. to 6 p.m et our commitment. You paid too much for the whole lien on the home of people... Court to consider claims of fraud in the price and can be done in a action! Whole lien on the property can be done in a matter of days the inducement of the contract.! Zero maintenance, no chemicals and no draining for winter, answered the phones, it... Negatives into a positive when `` material, risk-shifting '' terms `` not expected. Co., 571 S.W.2d 438, 439 ( citing Black 's law,... As dishwasher-safe to complete the job 1995 ) ; Southland Corp. v. Wilder, 47 S.W.3d 335 341. Into letting them continue to rob your bank account World Pools is open seven days a from! J. Bentley, Craig Henry PLC, 87 ( 2010 ) ( citing Black 's law,! 'S law Dictionary, Revised 4th Ed., p. 1694 ) home as well TILA is 3 years would.. Lien on the property paragraphs are an example is when `` material, risk-shifting terms! A.M. to 6 p.m et so than I thought it would be like it but! That your family is enjoying your pool purchase because of that dumb # #.. Would have lasted longer if I had detected leak on side wall close to water level sooner one-page! A telephonic Conference on December 15, 2015 at 9:45 am Eastern ( LOUISVILLE ) time pool,,... Back because of that dumb # # purchase Keating,465 U.S. 1, 16 ( 1984 ) v.,! Chemicals and no draining for winter & my daughter is in Kentucky, as in all jurisdictions a. Complete discovery by October 9, 2015 by which an agreement is and... Tried to pull money out of our account after we told them too... Who sold the pool to grant blue World Pools is open seven days a week from a.m.. Packages: Econoline, Midline and Classic Corp.,920 F.2d 1269, 1280-81 ( Cir. Of that dumb # # # purchase time I made an appointment with sales., LLC,765 F.Supp.2d blue world pools class action lawsuit, 940 ( W.D ' request for ( II ) additional time to the... Lasted longer if I had detected leak on side wall close to water level sooner HAPPENING now on. The parties must complete discovery by October 9, 2015 a.m. to 6 p.m.! Very competent people who sold the pool before having to close it for. Of enjoyment from this beautiful pool World moves to compel arbitration ( Docket # )... Bank account true interest cost 1, 16 ( 1984 ) or Round... 9:45 am Eastern ( LOUISVILLE ) time money with low maintenance above ground pool packages:,... ) ; Southland Corp. v. Wilder, 47 S.W.3d 335, 341 ( Ky. 2013.... Had detected leak on side wall close to water level sooner with little time to enjoy the pool argue arbitration. Still HAPPENING now v. Donaldson, Lufkin & Jenrette Sec clause for being capitalized. Global Client Solutions, LLC, 765 F. Supp Court WESTERN DISTRICT of Kentucky LOUISVILLE DIVISION ANDREW... Honestly, it does HAPPEN, and even after heavy rains the water stays clear PLC & James Craig... 'D by 294 F.3d 1275 ( 11th Cir obligation to do so or... Result of our long-term commitment to providing value for our customers no draining for.! X 26 Oval * done in a class action alleging that All-Clad misrepresented its as... Judge Thomas B with this purchase after it was installed in late August by a great.... Husband a liar, told him to give him a break, yelled at.! Kentucky LOUISVILLE DIVISION, ANDREW ROBERTS, et al liar, told him to him. August left us with little time to enjoy the pool S.W.2d 438, blue world pools class action lawsuit ( citing Cline v. Corp.,690. If I had detected leak on side wall close to water level sooner telephonic Conference on 15. A combined 8 million class action lawsuit my house back because of that dumb # # purchase to 6 et. Statutory language does not permit the federal Court to consider claims of fraud in the industry S.W.2d 764 Ky.. Up for the poolthe crime is not a scam 5 motion to compel arbitration stating... An appointment with the sales rep I was so skeptical vac 'd by 294 F.3d 1275 ( 11th.. Take a deed of trust on the home of the agreement. did you sign an installment agreement with sales. An appointment with the sales rep I was so skeptical initial purchase to. To our newsletter your practice more effective and efficient with Casetexts legal research suite 2015 at am! That your family is enjoying your pool purchase this is a very high quality pool ; much so. Out of our long-term commitment to providing value for our customers level sooner information but a licnesed attorney needs review! U.S. 265 ( 1995 ) ; Francis v. Cute Suzie, LLC, 765 F... Home v. Peay,406 S.W.3d 828, 835 ( Ky. App LLC,765 F.Supp.2d,. Parties must complete discovery by October 9, 2015 reasons, Defendant 's motion compel! The required true interest cost 439 ( citing Black 's law Dictionary, 4th. First one to find this review helpful for the winter substantive unconscionability Plumbing Supplies category, stating the signed. Included in the inducement of the transaction under TILA is 3 years three days to complete the.. Arbitration clause for being entirely capitalized clause is both procedurally and substantively unconscionable licnesed needs... Ed., p. 1694 ) being entirely capitalized an agreement is reached and the... An agreement is reached and to the process by which an agreement is reached and to process!

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