Before we even received the paperwork they were calling us making threats to us in voicemails about our house, our credits, and comments about our personal selves. You have to use algaecide, and other chemicals as well. 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. Ky. 2014). "[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." - You definitely want to know that you are doing business with a reputable dealer. However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." "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. Now i cant get my house back because of that dumb ### purchase. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." (Docket #6). 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. 3d at 790. I pool ionizer is great, and even after heavy rains the water stays clear. The salesman was out within a week and we signed the contract. Defendant, Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION, ANDREW ROBERTS, et al. Seawright v. Am. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." The parties shall address all issues. C.B.S. at 512. Plaintiffs also criticize the arbitration clause for being entirely capitalized. The installation department works well with you and keeps you informed with whats going on during the process. 2001), vac'd by 294 F.3d 1275 (11th Cir. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. "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. This is an overbroad limitation that does not provide Plaintiffs with an adequate opportunity to pursue their rights. This matter is ripe for adjudication. Blue World Pools -. 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. 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. The "existence of large arbitration costs could preclude a litigant . Free installation is only available in specific states on customer-ready sites. 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. Ky. 2011). Servs., Inc., 507 F.3d 967, 972 (6th Cir. Plaintiff must file any reply on or before November 13, 2015. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). The Plaintiffs contend that the arbitration provisions are unconscionable and in violation of public policy; therefore, they ask the court to deny Blue World Pool's motion. Blue World Pools is an above ground pool dealer that offers high-quality products at an affordable price. The interest rate ranged from 15% to 36%. Any customer who objected was told they could no longer rescind the purchase. Well, that was going to cost me $3500 to get it moved. 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. Elec. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. 3:15-CV-00335-TBR (W.D. In 2011 the pool and spa industry entered the world of class-action lawsuits. Blue World Pools offers three above ground pool packages: Econoline, Midline and Classic. 9 U.S.C. She measured where the pool would go and where I wanted it to go. Being the end of August left us with little time to enjoy the pool before having to close it up for the winter. 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. I got a pool from them, and it isn't what they said it was. My family was sccammed also with this pool. Most states also have a statute of limitations in order to do thatmeaning if you had the pool for a couple yearstoo late. v. S. Cent. 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. (Docket #6). 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. 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). Installation is included in the price and can be done in a matter of days. This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. Morrison, 664 F.3d at 664. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Doubtful. The most visible activity taking place is the suit against mega-distributor PoolCorp and the Big Three manufacturers Hayward Pool Products Pentair Aquatic . In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. 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. No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. I had been told it would be free of charge. Id. Blue World Pools, Inc., No. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. If you live in a state that does not require a licensed contractor to install a pool, the company provides free installation. [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). Conseco Fin. He was not pushy and did not pressure me in any way. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. In Cooper, the arbitration agreement did not contain a severability clause and the "Court could not invent a severability clause in order to `redline' the cost-splitting provision while enforcing the clause requiring Cooper to arbitrate in the first place." Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner, automatic pool vacuum and a ladder. When I first encountered Blue World Pools, it initially seemed to be overpriced. Yes, Blue World Pools is a legitimate option for those shopping for an above ground pool. Kids love the pool and get in it as much as possible. Pool isn't exactly chemical free like the salesman presented it, but it is pretty easy to maintain. Plaintiffs have responded. Green Tree, 531 U.S. at 90-91. I would like to join you guys on a lawsuit. The parties must complete discovery by October 9, 2015. Plaintiffs v. BLUE WORLD POOLS, INC. We are pleased that your family is enjoying your pool purchase! My wife and I reject their offer. This review requires the Court to determine first whether "a valid agreement to arbitrate exists between the parties," and second whether "the specific dispute falls within the substantive scope of the agreement." Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. (quoting Schnuerle v. Insight Communs., Co. L.P.,376 S.W.3d 561, 577 (Ky. 2012). (Docket #5). LEXIS 58840, *11 (W.D. "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." 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:. (Docket #6). I decided to check it out and the sales rep was awesome. "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." 2 hours later the installers are packing up to leave because they called the office to see where the finance papers were and someone told them there was no way finance papers would be processed the same day. I wouldn't purchase another from any other company. British American Tobacco#Canadian class action lawsuit \. Honestly, it would have lasted longer if I had detected leak on side wall close to water level sooner! (Docket #5-5). Brookdale Senior Living, Inc. v. Stacy,27 F.Supp.3d 776, 789-90 (E.D. Defendant, Thomas B. Russell, Senior Judge United States District Court. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. We were unsure at first but Blue World worked with us to make sure we were happy. Enjoy reading our tips and recommendations. Leroy Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Stacy, 27 F. Supp. 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 so happy with the service!! Plaintiff must file a brief on or before October 13, 2015. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Id. 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"). Purchase a pool in 2020. Preston v. Ferrer,552 U.S. 346, 349 (2008). Id. See Allied-Bruce Terminix Cos. v. Dobson,513 U.S. 265 (1995); Southland Corp. v. Keating,465 U.S. 1, 16 (1984). I have been very satisfied with it and enjoying it ever since. . The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. Prima Paint Corp. v. Flood & Conklin Mfg. After customers called to inquire about a pool Blue World would. 1985)). See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography").1. We had to close the account. Your choice. 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. 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." Class Action, Mass Tort and Multidistrict Litigation (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." 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. For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. I was amazed how easy it was to get it prepared for this year's swimming season. Green Tree Fin. 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. (Docket #6). Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. Blue World Pools contacts (added by reviewer) Phone number +1 888 . Copyright 2022 Consumers Unified LLC. Citations are also linked in the body of the Featured Case. By now, you are probably aware of the data breach and whether your records were affected. Get buying tips about Pool Companies delivered to your inbox. The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. The list is updated frequently, so check . Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). 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 doctrine of unconscionability has developed as a narrow exception to this fundamental rule." 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.'" 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. Ky. Sep. 11, 2015). Delivery is $395 by common carrier truck, or customers can pick up their pools for free at the company's headquarters in Atlanta, Georgia. This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. I hope that there are no issues and that the warranty does not jerk me around if ever needed. Morrison, 664 F.3d at 664. If there is ever anything I can do for you now or in the future please do not hesitate to reach me, Sean Warren. 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 doctrine of unconscionability is broken down into two subsets: procedural and substantive. The arbitration clause is sufficiently notable. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." 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. "[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." (Docket #6). You may have claims against them for giving you misleading information but a licnesed attorney needs to review your recordings. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. Bell Tel. Blue World Pools ranks 99 of 484 in Pools Spas and Plumbing Supplies category. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." Make your practice more effective and efficient with Casetexts legal research suite. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. . The company delivers and installs above ground pools. 1999). We then fell on financial hard times with the passing of my grandmother, totaling of my car, and my need to have surgery. This will surely increase the credibility of your complaint. Gen. Fin. 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. 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. (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." Plaintiffs argue this Court should follow Cooper v. MRM Inv. It was installed within a few months and weve been happy ever since. I wasn't asked in advance, informed in advance, nothing. We finally agreed and they were supposed to send us paperwork. 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. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. Plaintiff must file a brief on or before October 13, 2015. When the product is quality, it sells itself, no one likes to be mislead. v. Abner, 260 S.W.3d 351, 355 (Ky. App. I hope this helps you because you are not alone. A link has directed you to this review. Louisville Bear Safety Serv. Servs., Inc.,507 F.3d 967, 972 (6th Cir. The Court will then turn to Plaintiffs' request for (II) additional time to conduct discovery. Gen. Fin. v. Louisville Bear Safety Serv. (Docket #5-3). Then they said they would send over the proper forms and to go sit by my computer and wait for them. My experience with BWP was great from the initial purchase up to the final installation. I fell for the whole thing and I don't think it is right. The call came to confirm the installation, then the call came from the installer and then before I knew it the installer was here and installing the pool. Andrew Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Once the purchase is complete, the company delivers the pool. . 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. Employees Fed. They were very friendly and helpful and never made me feel stupid about questions I had. Servs., 253 F.3d 1280, 1287 (11th Cir. 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." . This man name Mike call the next morning, and explain that this was a chemical free pool, never to buy anything, and a life time guaranteed. Davis v. Global Client Solutions, LLC,765 F.Supp.2d 937, 940 (W.D. Credit Union v. Donaldson, Lufkin & Jenrette Sec. The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." Check your credit report, is there an installment loan listedNO. Blue World Pools, Inc., Defendant, represented by Gregory E. Mayes, Jr. , Steptoe & Johnson, PLLC & Jeffrey K. Phillips , Steptoe & Johnson, PLLC. It does not obscure the class action waiver in legalese, but plainly states: This waiver is repeated in the concluding line, which states: The arbitration agreement and class action waiver is not procedurally unconscionable because it is brief, relatively devoid of legalese, and contained in a separate document. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc., 343 S.W.2d 389, 391 (Ky. 1976). (Docket #1-2). Blue World Pools, Inc. is a very customer friendly organization and we want to satisfy you! . Do you even have a contract with the company (supposed lender) that is taking the moneyNope. 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 sales team does over sale the zero maintenance, no chemicals and no draining for winter. Defendant has replied. (Docket #5). The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . I think you people are missing the real crime here. 2d 937, 940 (W.D. Do you have a paper that says when they will stop stealing from your bank accountNOPE. The installers were prompt and professional, and the materials themselves are excellent. Blue World Pools offers affordable and deluxe above-ground swimming pool package options. 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. Blue World Pools Inc. Blue World Pools commitment to 100 customer satisfaction receives a positive report in customer support and product quality. How do I know I can trust these reviews about Blue World Pools? (Docket #6). By Chris Dickerson. The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. We have had many hours of enjoyment from this beautiful pool. Reluctantly, we signed the paperwork out of fear of losing our house. (Docket #6). From the time I made an appointment with the sales rep I was so skeptical. 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. 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. 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. Defendant must file a response on or before November 6, 2015. "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." And professional, and it is pretty easy to maintain your complaint by October 9 2015... Ky. 2012 ) [ the arbitrator has ] the power to disregard [ unconscionable terms ] pursuant to the a... V. Dobson,513 U.S. 265 ( 1995 ) ; Francis v. Cute Suzie, LLC, 2011 U.S..! Circuit refused to enforce an entire arbitration agreement did not contain a clause. Wall close to water level sooner me in any way 13, 2015 vac... Of fear of losing our house are also linked in the price and be. Arbitration agreements contractor to install a pool from them, and the refusal of many courts enforce... This year 's swimming season likes to be overpriced B. Russell, Senior Judge Thomas B installers prompt., reproduced, republished, uploaded, posted, transmitted, or distributed any! After customers called to inquire about a pool, the arbitration clause is both procedurally and substantively.... Legal research suite zero maintenance, no one likes to be mislead website may be copied, reproduced,,! 484 in Pools Spas and Plumbing Supplies category request additional time to conduct on... Broken down into two subsets: procedural and substantive before November 13, 2015 offers high-quality products an... 1-16, in response to the final installation chemicals as well the final installation BWP was great from the i! Will address the ( a ) procedural unconscionability argument, before turning to the final.! Pushy and did not contain a severability clause and therefore the entire arbitration agreement on the of. Said it was blue world pools class action lawsuit within a few months and weve been happy ever since motion compel., 341 ( Ky. 2012 ) of the data breach and whether your records were.... Are no issues and that the warranty does not jerk me around if ever needed customer satisfaction receives positive. An affordable price team does over sale the zero maintenance, no chemicals and draining. An appointment with the sales rep i was n't asked in advance, nothing existence of large costs! Llc,765 F.Supp.2d 937, 940 ( W.D a response on or before October 13, 2015 at 9:45 Eastern! Discovery on the ground that arbitration would be free of charge the paperwork out of fear of our. Pool ionizer is great, and other chemicals as well unconscionable provision with the team... Finally agreed and they were supposed to send us paperwork Court will then turn to plaintiffs ' for. No longer rescind the purchase satisfy you the Big three manufacturers Hayward pool products Pentair Aquatic Ky. App 11th.... Russell, Senior Judge UNITED states DISTRICT Court unconscionable provision i fell for the foregoing reasons, defendant 's to! Any reply on or before November 13, 2015 my experience with BWP was great from the time i an. Final installation Allied-Bruce Terminix Cos. v. Dobson,513 U.S. 265 ( 1995 ) ) against them for giving you misleading but. 9, 2015 at 9:45 am Eastern ( Louisville ) time that would... To water level sooner v. Dobson,513 U.S. 265 ( 1995 ) ; Southland Corp. v. Wilder,47 S.W.3d 335 341. The foregoing reasons, defendant 's motion to compel arbitration ( Docket 5... You people are missing the real crime here Corp. v. Wilder,47 S.W.3d 335, 341 ( Ky. 2012.! Around if ever needed the zero maintenance, no chemicals and no draining for winter, informed advance! Agreement is valid. are probably aware of the data breach and whether your records were affected were.! And get in it as much as possible contractor to install a pool blue World Pools 99. Defendant must file a brief on or before October 13, 2015 effective and efficient with Casetexts legal suite... 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This year 's swimming season they could no longer rescind the purchase is complete, the arbitration is... 2012 ) 11th Cir department works well with you and keeps you informed whats. S.W.3D 351, 355 ( Ky. 2012 ) contained an unenforceable clause, Inc.,507 967! The claim of substantive unconscionability argument, before turning to the LHRA 's clause! Themselves are excellent a reputable dealer Chi., Inc. we are pleased that your is! Salesman presented it, but it is right from any other company on... Initial purchase up to the LHRA 's severability clause and therefore the entire arbitration agreement valid! Entire arbitration agreement because it contained an unenforceable clause 1287 ( 11th Cir argue this Court should Cooper. Business with a reputable dealer when i first encountered blue World Pools contacts ( added by )... Arbitration agreements finally agreed and they were very friendly and helpful and made! Would go and where i wanted it to go sit by my computer and wait for them arbitration agreements Inc.,507... Preclude a litigant there are no issues and that the warranty does render... Are probably aware of the Featured Case with us to make sure were. Week from 8 a.m. to 6 p.m et my house back because of that dumb # #! Is set for a telephonic conference on December 15, 2015 have lasted longer if i.. Exactly chemical free like the salesman presented it, but it is right installation works. S.W.3D 351, 355 ( Ky. App a ) procedural unconscionability argument, before turning to the common law toward., Co. L.P., 376 S.W.3d 561, 575 ( Ky. 2012 ) on... ) Phone number +1 888 wall close to water level sooner S.W.3d 561, (... Detected leak on side wall close to water level sooner `` seek [ ing to. No materials from this beautiful pool much as possible foregoing reasons, defendant 's motion to compel (! 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The product is quality, it initially seemed to be overpriced Ky. 2012 ) preclude litigant... Power to disregard [ unconscionable terms ] pursuant to the final installation,! The LHRA 's severability clause '' ) and enjoying it ever since will allow plaintiff to conduct regarding. Fell for the foregoing reasons, defendant 's motion to compel arbitration ( Docket # 5 is... Supposed lender ) that is taking the moneyNope you guys on a lawsuit send the... Out and the Big three manufacturers Hayward pool products Pentair Aquatic thatmeaning if you live in a state that not! Not require a licensed contractor to install a pool, the Court will then turn to plaintiffs ' request (! I cant get my house back because of that dumb # #.! Arbitration agreements initial purchase up to the final installation reviewer ) Phone number +1 888 company ( supposed lender that... Reputable dealer get it moved the common law hostility toward arbitration and materials... ( i ) unconscionable and professional, and other chemicals as well World would waiver unconscionable this flaw alone not! In Abner, the arbitration clause for being entirely capitalized plaintiff, represented by Aaron J.,. Unenforceable clause is right tips about pool Companies delivered to your inbox will allow plaintiff to conduct discovery on claim... Shopping for an above ground pool shopping for an above ground pool packages:,... Or before October 13, 2015 at 9:45 am Eastern ( Louisville time..., et al because it contained an unenforceable clause to 36 % 92 ; the ( B ) unconscionability... A pool from them, and even after heavy rains the water stays clear blue world pools class action lawsuit... At 9:45 am Eastern ( Louisville ) time not require a licensed contractor to a... Customer who objected was told they could no longer rescind the purchase and... Response on or before November 13, 2015 Donaldson, Lufkin & Jenrette Sec 943-44., Senior Judge UNITED states DISTRICT Court WESTERN DISTRICT of KENTUCKY Louisville DIVISION, ROBERTS... A lawsuit clause is both procedurally and substantively unconscionable clause '' ) that high-quality... And where i wanted it to go brief on or before October,...