@Mike I left many mornings at 7:30 to make a 10:00 appointment and then had appointments as late as 8:30 and got back to the hotel at 1:00. . The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. 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." Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. 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." Hernia Mesh Lawsuit. (Docket #1-2). Plaintiff must file any reply on or before November 13, 2015. Co., 382 F.3d 624, 627 (6th Cir. Id. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). I covered TN, VA, and Kentucky as well as N.C. the same scenario was in play here as it was in Alabama. Morrison, 317 F.3d at 663. Please feel free to reach out to me at [protected] ext 3031, Sean Warren. 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. Now, if you stop paying on the contract, I would suggest that you read the fine print of your contract as to what you will allow them to do. @Jennifer Action Park featured three separate attraction areas: the Alpine Center, Motorworld, and Waterworld. 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 #1). They seem to use disgraceful tactics in doing bushiness. VIEW. Inc. is more than happy to go sale by sale with any representative to prove that all monies are properly paid. You can find contact details for Blue World Pools above.. ComplaintsBoard.com is an independent complaint resolution platform that has been successfully … Background. A class action, also known as a class action lawsuit, class suit, or representative action, is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member of that group. Law360 (November 13, 2020, 6:52 PM EST) — Three insurance buyers say class members from their states were given a raw deal when the nation’s Blue Cross Blue Shield insurers inked a sweeping $2.67 billion settlement aimed at ending antitrust claims they had been battling for the better part of a decade.. We have a pool that won't hold water and is out of frame. After going several days without any appointments, I asked where they could send me to that was producing leads. Atlanta, GA 30339-2158. I drove many days as much as 500 miles making my appointments and returning to the hotel. 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." Initial Blue World Pools complaints should be directed to their team directly. 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. Customer 10 sold 03/27 for $15, 721.00 paid $250.00, and should have been $1001.50 (50% over par). After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. Customer 9 sold 03/25 for $15, 721.00 paid $250.00, and should have been $1001.50 (50% over par). Well here goes.. I've paid enough... just want it to end. The Court will address this issue after further discovery. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. (Docket #6). We are investigating Blue World Pools or Global Sun Pools and their business practices. Cancel if possible, Call an attorney YOU DO NOT WANT TO BUY FROM BLUE WORLD POOLS. Uber class action lawsuits seek to reclassify drivers as employees instead of independent contractors. Been hounded now by the company saying we bought the pool. Conseco Fin. United States District Court, W.D. I have never been ripped off so badly in my life. (Docket #5). Click the citation to see the full text of the cited case. I fell for ‘PIE IN THE SKY’. Morrison, 664 F.3d at 664. Inquire to today about our pre-approval! Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. this is jut wrong. The purchase goes from a sale, to finance, and then to installation. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. It is not a free upgrade, but a well scripted and carefully presented ploy to make an unassuming buyer believe it is a free upgrade. "[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.'" If that were a true statement I would have earned not less then $18, 000.00, a liveable wage as that would break down for 2 months of earnings netting about $6500.00 after expenses and taxes. There are limited traditional lending sources for above ground pools since the great recession, as such Blue World Pools, Inc.'s model has changed and the way commissions are paid. Learn More. I was bullied lied to harassed they literally made me purchase pool in 2013 and would not let me cancel. How ridiculous is that???!!! 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." A class action lawsuit is a type of legal claim in which a group of plaintiffs are all represented by an individual (or small number of individuals), known as the class representative or lead plaintiff. We are not permitted to provide our e-mail address or phone number in the body of the text here at this site. "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." Check all the Top Class Action Lawsuits to file claim for Settlement money. Plaintiffs argue this Court should follow Cooper v. MRM Inv. I am interested in banding with anyone interested in a class action suit. They told me there is no negotiation and 23000 or no deal. (A detail of earning per unit will follow) When people ask were you could see the commerical on TV, Jeff said most likely durning the Jerry Springer show and laugh, that caught my attention. However, if you signup with them (There is not a fee) you will be able to obtain all of my contact information as I have given them permission to forward to all that request it. In some cases, I received as little as $73.55. I have a $2200.00 mortgage as well as 2 car payments equalling $1200.00 per month. If we paid that, which we can't, the pool would end up costing us 45, 000 dollars when all was said and done. I spent $2475.00 in fuel and vehicle expenses including 3 oil changes because of mileage. Stephanie Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. The parties shall address all issues. 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