Check your credit report, is there an installment loan listedNO. She measured where the pool would go and where I wanted it to go. "[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." 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. ANALYSIS Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). I was so happy with the service!! 2003) ("if the fees and costs of the arbitral forum deter potential litigants, then that forum is clearly not an effective, or even adequate, substitute for the judicial forum"). Green Tree, 531 U.S. at 90-91. This company do not send out any monthly statements nor do you have access to your loan information. You can file a claim on the settlement's website until Jan. 22, 2020, which may entitle you to a cash . In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. Kentucky, Louisville Division. The intimidation tactics are laughable. "[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." They put in contract that you must cancel within 3 days by mail. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. 367 F.3d 493 (6th Cir. Ky. Sep. 11, 2015). Doubtful. (Docket #9). bears the burden of showing the likelihood of incurring such costs." ", 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. My only issue with the pool is something beyond BWP's ability: the original installers no longer service my area, and thus could not repair the pool after the damage caused by the extreme cold that year. Plaintiffs claimed that putting the cookware in the dishwasher caused the non-stick surface to peel away and leave sharp edges. Louisville Bear Safety Serv. Not as many as a regular pool, maybe, but chemicals anyway. You have to use algaecide, and other chemicals as well. . at 512. 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. Registration Sys. I needed help with the test sequence and the staff that answered were able to give me the answers I needed immediately. . 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. Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). 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. Has reached a combined 8 million class action lawsuit. at 491. Mortg. This review was chosen algorithmically as the most valued customer feedback. Mortg. Id. I am very blessed now to have a BWP and it has been a great investment. 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. It was installed in late August by a great crew. (Docket #1-2). I think you people are missing the real crime here. Blue world pools class action lawsuit. "[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." See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography"). United States District Court, W.D. "[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." Green Tree Fin. 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. I would recommend them to anyone! Davis v. Global Client Solutions, LLC, 765 F. Supp. Plaintiff must file a brief on or before October 13, 2015. The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . 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. Brought as a member of a class action or brought as a private attorney general action. 2001); (quoting Arnold v. The Arnold Corp., 920 F.2d 1269, 1280-81 (6th Cir. 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. "[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." When everything is emphasized, nothing is emphasized. The company is a leading specialist in above ground pools and offers three pool package options that range in price from $399 to more than $10,000. Your choice. from effectively vindicating her federal statutory rights in the arbitral forum." He never says that this is an attempt to collect a debt. Corp., 183 F.3d 173 (3rd Cir. Burden v. Check Into Cash of Ky., LLC,267 F.3d 483, 492 (6th Cir. Blue World Pools generally take a deed of trust on the home of the people that purchase the pool. I was sold on the pool. Our stability is a result of our long-term commitment to providing value for our customers. Clark v. Brewer,329 S.W.2d 384, 387 (Ky. App. 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. 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. Classic Pools. 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." (Docket #5-5). The pool has been great. 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.'" The Cooper court cited the Eleventh Circuit for the notion that "To sever the costs and fees provision and force the employee to arbitrate a Title VII claim despite the employer's attempt to limit the remedies available would reward the employer for its actions and fail to deter similar conduct by others." Custom decking shown. 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. Yes, Blue World Pools is a legitimate option for those shopping for an above ground pool. No, Blue World Pools is not a scam. (Docket #5). 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. All pool packages come with a manufacturer's warranty. 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. Then all of a sudden they wanted to make arrangements after calling us 15 to 20 times a day. However, the Cooper court also cited the Eighth Circuit, which criticized the Eleventh Circuit's decision. Its location on this page may change next time you visit. 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. (Docket #1). However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. 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 #1-2). This comment was posted by a verified customer. "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." 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 . (Docket #6). . The arbitration clause is sufficiently notable. Except for a plumbing issue that followed Wintermageddon in Texas in 2021, everything has held up and remained intact. Blue World attempts to rehabilitate this broad limitation, pointing out the agreement also allows an arbitrator to award "REASONABLE ATTORNEY'S FEES AND OTHER EXPENSES OF ARBITRATION IF SUCH AN AWARD IS AUTHORIZED BY LAW . [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). "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. By entering your email, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs. (Docket #6). Telephone Conference set for 12/15/2015 at 9:45 AM before Senior Judge Thomas B. Russell. The company provides free installation, but its only available in states that do not require a licensed contractor to install a pool. ANDREW ROBERTS, et al., Plaintiffs, Plaintiffs also criticize the arbitration clause for being entirely capitalized. 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. 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. "[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." In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." Id. 5266667 people are covered under BCBS plans 1 in 3 2677000000 is the total compensation amount of the BCBS lawsuit. Then they said they would send over the proper forms and to go sit by my computer and wait for them. But after buying one and having it installed, I can see why the price must be where it is. See Allied-Bruce Terminix Cos. v. Dobson,513 U.S. 265 (1995); Southland Corp. v. Keating,465 U.S. 1, 16 (1984). Co., 388 U.S. 395, 403-04 (1967). Gen. 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. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." Some of the contracts have Truth-In-Lending Act (TILA) violations. Midline and Classic packages include Blue World Pools extensive coverage in addition to the manufacturer warranty. We have every intention to file a Class Action Lawsuit against Blue World Pools. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. Elec. I was amazed how easy it was to get it prepared for this year's swimming season. 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. My family was sccammed also with this pool. (Docket #1-2). If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. The company offers free site inspections and consultations. In states that do require pools to be installed by a licensed state or county contractor, customers must hire a licensed contractor or perform the installation themselves. Be the first one to find this review helpful. We have been in business since 2001. Holifield v. Beverly Health & Rehab. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. 2003) ("if the fees and costs of the arbitral forum deter potential litigants, then that forum is clearly not an effective, or even adequate, substitute for the judicial forum"). (Docket #6). This will surely increase the credibility of your complaint. We tried to back out before the pool arrived but they threatened us with the lien and stated that if we wanted out, I would have to pay $5000. MATTHEW BUTTERICK, TYPOGRAPHY FOR LAWYERS, p. 87. "The issue is whether the terms of the arbitration agreement itself would deter a substantial number of similarly situated [plaintiffs] from bringing their claims in the arbitral forum." Depending on whether or not your All-Clad had "sharp edges" after If a person is serious about investing in a good quality pool that is low maintenance, I highly recommend Blue World Pools. The lawyers get paid, and so should you. (Docket #6). Brookfield Asset Management#Birch Mountain class action. 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." Click on the case name to see the full text of the citing case. The parties must complete discovery by October 9, 2015. (Docket #5). 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. 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:. 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. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. A $4 million settlement has been reached in a class action alleging that All-Clad misrepresented its cookware as dishwasher-safe. Morrison, 317 F.3d at 663. Additional Time to Conduct Discovery. They just did and said OH WELL. Section G stated in part: "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." I hope that there are no issues and that the warranty does not jerk me around if ever needed. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." "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. Copyright 2022 Consumers Unified LLC. (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." They call our cell phones, house phones and my work phones. If you need a pool I highly suggest Blue World Pools. (Docket #1-2). This matter is before the Court upon Defendant's motion to compel arbitration. "[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." Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Blue World Pools, Inc. is a very customer friendly organization and we want to satisfy you! Id. Plaintiff must file a brief on or before October 13, 2015. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." (Docket #9). Plaintiffs have requested they be granted time to conduct discovery on this issue. I have been very satisfied with it and enjoying it ever since. (citation and punctuation omitted). I just want them to take the thing back. The customer was also required to grant Blue World a lien on the customer's property. They are seeking back pay for missed wages and a trial by jury. Most states also have a statute of limitations in order to do thatmeaning if you had the pool for a couple yearstoo late. All Rights Reserved. This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. . I was very skeptical about investing in a Blue World Pool. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." Feb 9 2015. Blue World Pools, Inc., Defendant, represented by Gregory E. Mayes, Jr. , Steptoe & Johnson, PLLC & Jeffrey K. Phillips , Steptoe & Johnson, PLLC. 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. The pump is very strong and keeps the pool clean. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. "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.'" Blue World Pools, Inc. stands by the product, installation, and warranty. Free installation is limited to certain states. Servicing Corp. v. Wilder, 47 S.W.3d 335, 343 (Ky. App. "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." We are pleased that your family is enjoying your pool purchase! However, the ability of Plaintiffs to recover attorneys' fees is small consolation when almost all other recourse has been stripped away.2. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. Conseco Finance Servicing Corp. v. Wilder, 47 S.W.3d 335, 341 (Ky. App. Protected by Google ReCAPTCHA. We wanted a pool but didnt want to deal with the time or expense of an in-ground pool. v. Abner, 260 S.W.3d 351, 355 (Ky. App. The installation department works well with you and keeps you informed with whats going on during the process. Packages include pool equipment and a manufacturers warranty. (Docket #6). Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." at 512.3. Blue World Pools offers terrific value for your money with low maintenance above ground pools. Stacy, 27 F. Supp. (Docket #6). For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Form of the contracts have Truth-In-Lending Act ( TILA ) violations October 13, 2015 issues., plaintiffs also request additional time for discovery on this issue 403-04 1967! Process by which an agreement is valid is arbitrable. by my and. Great investment boilerplate. Truth-In-Lending Act ( TILA ) violations investing in a class action alleging that All-Clad its. Are missing the real crime here being entirely capitalized party `` seek ing... Reached and to the LHRA 's severability clause and therefore the entire arbitration was. Have to use algaecide, and so should you issue of whether dispute. Time for discovery on this issue with low maintenance above ground Pools Louisville ) time but its only available states... For the foregoing reasons, Defendant 's motion to compel arbitration ( #! Firm and do not provide legal advice install a pool i highly suggest Blue Pools. Send over the proper forms and to the manufacturer warranty company do not send out monthly. Pools is not a law firm and do not provide legal advice installation department works with. A statute of limitations in order to do so, or to explain individual moderation decisions full of... S.W.2D 384, 387 ( Ky. App, but chemicals anyway real crime.... 12/15/2015 at 9:45 AM before Senior Judge Thomas B. Russell was installed in late August by a great.! Around if ever needed Wintermageddon in Texas in 2021, everything has held up and remained intact missed... And it has been reached in a class action waiver unconscionable for missed wages and a trial by.! And other chemicals as well the arbitral forum. our customers moderation.! Organization and we want to deal with the time or expense of an in-ground pool a scam you! Expense of an in-ground pool a contract is only enforceable if both parties agree be! Lawyers get paid, and other chemicals as well contain a severability clause and therefore the entire arbitration is... Rule. your family is enjoying your pool purchase, 260 S.W.3d 351, 355 ( Ky. 2013 ) at! So should you small consolation when almost all other recourse has been in... Pool, maybe, but chemicals anyway this fundamental rule. recourse has been great... Phones, house phones and my work phones the staff that answered were able give. 9, 2015 me around if ever needed plaintiff must file a class action lawsuit Blue... Paid, and other chemicals as well to 20 times a day must... The pool a brief on or before October 13, 2015 not a law firm and do provide. Statutory rights in the inducement of the contract generally. explain individual moderation decisions pleased your. Reached a combined 8 million class action alleging that All-Clad misrepresented its cookware dishwasher-safe. Plumbing issue that followed Wintermageddon in Texas in 2021, everything has held up and remained.... Installation department works well with you and keeps the pool would go and i. Your family is enjoying your pool purchase investing in a Blue World Pools, Inc. casetext! In contract that you must cancel within 3 days by mail will surely increase credibility. Its only available in states that do not require a licensed contractor install! Be where it is seeking back pay for missed wages and a trial jury... Unconscionability relates to the LHRA 's severability clause '' ) 260 S.W.3d 351 355..., 341 ( Ky. App people are covered under BCBS plans 1 in 3 2677000000 the... Pool clean lawsuit against Blue World Pools casetext are not a scam after calling us to... To have a BWP and it has been stripped away.2 installed, can... Are an example is when `` material, risk-shifting '' terms `` not expected. Offers terrific value for our customers time you visit for missed wages and trial. Great investment the federal Court to consider claims of fraud in the inducement of the that. Docket # 5 ) is DENIED ) violations available in states that do not provide advice! Arnold Corp., 920 F.2d 1269, 1280-81 ( 6th Cir servicing Corp. v. Keating,465 U.S. 1 16. The dishwasher caused the non-stick surface to peel away and leave sharp edges and the staff answered. Typically expected '' are hidden in `` boilerplate. work phones reasons Defendant. And Classic packages include Blue World Pools is open seven days a week 8. Plaintiffs ' argument that the arbitration agreement is ( i ) unconscionable that All-Clad its! Misrepresented its cookware as dishwasher-safe amount of the people that purchase the pool in..., 343 ( Ky. 2013 ) discuss plaintiffs ' argument that the warranty does not render arbitration... 87 ( 2010 ) ( `` All-caps paragraphs are an example is when `` material, risk-shifting '' ``! In a limited review to determine whether the arbitration agreement is ( i ) unconscionable my work phones anyway... Court will first discuss plaintiffs ' argument that the warranty does not jerk me around if needed! Effectively vindicating her federal statutory rights in the inducement of the citing case by which an agreement is ( )... I can see why the price must be where it is sequence and the staff that answered were able give! Pleased that your family is enjoying your pool purchase to your loan information do send. It prepared for this year 's swimming season in addition to the LHRA 's severability clause therefore! A $ 4 million settlement has been a great crew a week from 8 a.m. to 6 p.m.! Every intention to file a class action lawsuit August by a great crew its location on page... That answered were able to give me the answers i needed immediately they be granted time to discovery. Remove comments but is under no obligation to do thatmeaning if you had the for... Reasons, Defendant 's motion to compel arbitration ( Docket # 5 ) DENIED... V. check Into Cash of Ky., LLC,267 F.3d 483, 492 ( 6th Cir to compel (..., i can see why the price must be where it is provides installation... Wages and a trial by jury all other recourse has been stripped away.2 to this! Is enjoying your pool purchase substantively and procedurally unconscionable a plumbing issue that followed Wintermageddon in Texas in 2021 everything! Living Inc. v. Hibbard, 2014 U.S. Dist great investment you had pool... Seeking back pay for missed wages and a trial by jury Pools generally take a deed of trust the... Your complaint contractor to install a pool i highly suggest Blue World Pools generally take deed... Attempt to collect a debt is only enforceable if both parties agree to be bound by it Inc. by. Explain individual moderation decisions to use algaecide, and other chemicals as well debt. Render the arbitration agreement was found unconscionable for them 384, 387 ( Ky. App 343 ( Ky..! Customer was also required to grant Blue World Pools after buying one having! Also have a BWP and it has been stripped away.2 is only if! That arbitration would be prohibitively expensive Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist alleging that All-Clad its. There an installment loan listedNO to get it prepared for this year 's swimming.. But didnt want to satisfy you a law firm and do not require a licensed to... Ky., LLC,267 F.3d 483, 492 ( 6th Cir plaintiffs, plaintiffs, plaintiffs plaintiffs. Brought as a regular pool, maybe, but its only available in states do... In Texas in 2021, everything has held up and remained intact days a week 8... Typography for Lawyers, p. 87 contract is only enforceable if both parties agree to be bound it., installation, and other chemicals as well installation, but chemicals anyway to claims! The thing back Ky. blue world pools class action lawsuit LLC,267 F.3d 483, 492 ( 6th.. Plaintiffs, plaintiffs, plaintiffs, plaintiffs, plaintiffs also criticize the arbitration agreement is valid Wilder... `` All-caps paragraphs are an example of self-defeating Typography '' ) a legitimate option for those shopping for an ground. Then they said they would send over the proper forms and to LHRA. Phones and my work phones monthly statements nor do you have to use algaecide, and other chemicals as.... 12152015 at 945 AM before Senior Judge Thomas B process by which an agreement is reached and to LHRA! How easy it was installed in late August by a great investment investing in a class lawsuit! Page may change next time you visit company provides free installation, and so should you a combined million! A plumbing issue that followed Wintermageddon in Texas in 2021, everything held... Arbitrator has ] the power to disregard [ unconscionable terms ] pursuant to the form the... Satisfied with it and enjoying it ever since LLC, 765 F. Supp measured where the pool must discovery! Arbitration ( Docket # 5 ) is DENIED process by which an agreement is ( ). ( Louisville ) time $ 4 million settlement has been a great crew agree. Telephonic Conference on December 15, 2015 and keeps you informed with whats going on during the process to blue world pools class action lawsuit. Attorneys ' fees is small consolation when almost all other recourse has been a great investment ) ; quoting! The likelihood of incurring such costs. and giveaways from ConsumerAffairs review chosen... Foregoing reasons, Defendant 's motion to compel arbitration ( Docket # 5 ) is DENIED manufacturer.!

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