The Court will address this issue after further discovery. Thanks everyone for opening my eyes!! He insisted that he had to tell us about the other pools. Spark Sport threatened with class action lawsuit over Rugby World Cup coverage . Co., 571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). This is the contact details for the firm that's handling the lawsuit. 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. If you are eligible, submit your claim! So i to am interested in a lawsuit. Okay, Now, with Blue World it appears that the financing is done through them and they use your home as collateral to the loan. . After being kept away from my family, I did request to take me back home. 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, our pool isnt leveled right, the liner is full of wrinkles. Gen. Fin. If there is a class action lawsuit, please contact me. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. The others are a class-action lawsuit from attorney Yolanda Huang on behalf of a smaller group of inmates, and a case from inmate Dionn Novell Taylor, who was also represented by Huang. I had no question of my ability to sell this or any other product. Burleson, tx stay away from blue world pool, do not do business with them. "[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." Conseco Finance Servicing Corp. v. Wilder, 47 S.W.3d 335, 341 (Ky. App. He made me sign a document that had a lein on my house, which he assured me it would o lakh protect me if I sold my house. But I don't think they can take it away, however if you want to sell the home you will have to pay everything you owe. (Docket #1-2). THOMAS B. RUSSELL, Senior District Judge. (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." Linda Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Eyeglasses specially made for cue sports, with tall lenses, set unusually high, so that when the head is lowered over the cue stick for aiming, with the nose pointing downward, the eyes can still look through the lenses instead of over them. By Brett Walton, Circle of Blue. I drove many days as much as 500 miles making my appointments and returning to the hotel. Both of these companies advertise the purchase of a pool for “as low as $399.” We have received reports of consumers inquiring about a $399 pool and ending up with a pool that cost tens of thousands of dollars. Hernia mesh manufacturers face lawsuits over the severe side effects linked to their products, which involve the intestines, bowels, and abdomen. We sat there and listened but knew that there would not be a sale. @marli067 Après avoir été maintes fois promises, les actions de groupe, plus connues sous l’appellation américaine « Class Action » vont enfin pouvoir être lancées.Le décret d’application, concluant le processus législatif du dispositif, est paru le 26 septembre 2014 et est entré en vigueur le 1er octobre 2014. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." (Docket #1-2). KCC, Macon, GA. [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). We are investigating Blue World Pools or Global Sun Pools and their business practices. The latter was one of the first modern American water parks. Please do not get involved with them they are not reputable at all. Customer Reviews. 1990) ("If the arbitration clause is not at issue, then the arbitrator will decide challenges to the contract containing the arbitration clause"); Prima Paint, 388 U.S. 402 ("a broad arbitration clause will be held to encompass arbitration of the claim that the contract itself was induced by fraud"). Once he was done of course he put a call in to his office and guaranteed us that we could get financed and get the payments were we could afford them. 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"). Additionally any appointments that would be provided normally I would be fined for and taken out of any money that might be owed to me in commissions. Burden v. Check Into Cash of Ky., LLC, 267 F.3d 483, 492 (6th Cir. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." "Pleading that an arbitration clause was part of a broader fraudulent scheme without more, is no longer sufficient to overcome the strong federal policy in favor of arbitration." Please take the time to read this in its entirety, as it is detailed and factual, as I have expounded with dates, transactions and specific dollar amounts. Their Vice President, Kevin, called threatening with putting a lien on my house, blah blah blah. The amount of discovered complaints are about what I would have expected to see on a company this size. They seem to use disgraceful tactics in doing bushiness. I was going to start training March 2nd - 4th & so glad I didn't . 1959) ("one who signs a contract is presumed to know its contents"). If you signed up for a 401(k) plan with Trojan Horse from Jan. 1, 2011 through Sept. 20, 2016 and fear that you and your loved ones may be taken advantage of, you are eligible for a potential award from the Trojan Horse Retirement Plan Class Action Lawsuit. @Jonathan Greene Plaintiffs have responded. I am also dealing with this company's poor customer service and poor product. 88 reviews from BLUE WORLD POOLS employees about BLUE WORLD POOLS culture, salaries, benefits, work-life balance, management, job security, and more. The federal class action lawsuit also says SeaWorld’s performing killer whales have been deprived of food, forced to breed and are confined in chlorine baths. The purchase goes from a sale, to finance, and then to installation. BLUE WORLD POOLS, INC., Defendant. Section G stated in part: Plaintiffs were also required to sign a separate contract titled "Arbitration Agreement." This is evident from the beginning of hiring sales people in February to the way sales are affected. Id. at 512.3. “I’ve got more lawsuits going now than I ever have,” said Olsen, a lawyer with Siegel Brill, a firm based in Minneapolis. 1990). Blue World Pools Tuesday, April 22, 2014. 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.. Trojan Horse Retirement Plan Class Action Lawsuit. Plaintiffs argue they were fraudulently induced into signing the purchase agreement and seek facts surrounding the drafting of these contracts, "circumstances surrounding Plaintiffs' execution of their respective contracts, and the training and education of Blue World Pools agents who countersigned Plaintiffs' respective contracts." It is in the VERY FINE print, and hopefully you are on city water? Ky. 2011). 2001) (citing Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 (Ky. App. Well here goes.. Sometimes if Blue World Pools, Inc. does not have all the documents from the customer to make an approval decision then installation can have a slight delay but that is on the customer's side not on Blue World Pools, Inc.'s My organization always quotes 3-4 weeks until installation. The ad indicated good earnings potential. Hey all, Ok this is the first time we have encountered an ion system (metal) that is actually being used. Also, your pool installation is based on availability of subvendor installers from multiple states. 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. Once I call in the office, this guy Big Mike wanted to speak with the homeowner, this went on for the hour and half untill they bought the Midliner 18' for $9808.00. It is a single page. They tore apart the front lawn of our new home as well as the back yard. Plaintiff must file any reply on or before November 13, 2015. If you look about 4 posts down the law firm with the number posted above stated there was never a case and don't even handle this type of thing. 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. Below is our full list of open lawsuits in which you may be eligible to submit a claim. Little did I know that all of my clients would be in house financing? Does anyone know if there is one yet? they put me in a bind and I don't know how to get out of this. 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. Can you advise us on the people that live in Missouri. I was scammed by Blue World Pools and we now have a pool that is out of frame and holes in the liner. A class action is a legal procedure that allows many people with similar grievances to join together and file a lawsuit. Please feel free to reach out to me at [protected] ext 3031, Sean Warren. The texture of them and the way they were written I dismissed as just a disgruntled employee or a consumer that did not have a full understanding of everything. La "class action" est une action judiciaire entreprise par un grand nombre de personnes qui ont toutes subi le même préjudice. at 491. It seems that I never met anyone that had decent enough credit to be bought by any number of our available finance companies) My first appt was the other day after a call from the Ga. office on a hot internet lead. Blue World Pools … The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . Credit Union v. Donaldson, Lufkin & Jenrette Sec. We told him all of this and he still came back with a 400.00 payment for 12 years. When I tried to call them to complain about this is not what I was told they weren't accepting calls anymore and then the online people would not help you by even talking to you after they found out that you are complaining. . please email at [email protected]. When is Blue World Pools open? Mark Longley. (Docket #1-2). "[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.'" 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." I live in Tulsa and was scammed by Blue Work Pools. I was going to work with them but I am so glad the people are fighting to stop them and how they have been in business for 25 years I have no idea because I can't imagine anyone staying in business more than 25 days with the things I have read about them and what they have done to innocent and unsuspecting people. VIEW. @Valerie Cancel if possible, Call an attorney YOU DO NOT WANT TO BUY FROM BLUE WORLD POOLS. Click on the case name to see the full text of the citing case. I would be interested in joining in on the class action law suit, [email protected]. Blue World Pools - unethical behaviour, over pricing for paperwork, will not let me talk to management, etc. The California Air Resources Board also identified secondhand smoke as a "toxic air contaminant," the suit said. I dropped the sale of my home and I am presently talking with an attorney. Blue World Pools sells and installs swimming pools at affordable prices with free site inspection and consultation. I recently replied to a CL ad for sales reps for this company & I sure am glad I did my research on this company ! As employees, drivers would be entitled to benefits. 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. @Stephl123 Ins. Green Tree, 531 U.S. at 90-91. I have never been ripped off so badly in my life. Recent recommendations regarding this business are as follows: "Run stay away … This class had people quiting durning training every day, the smart ones. Blue World Pools, Inc. 120 Interstate North Pkwy SE Ste 426. Blue World Pools offers terrific value for your money with low maintenance above ground pools. Here is another one for you all about Blue Pool. I worked hard for this company to be stolen from. 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. EEOC v. Waffle House, Inc., 534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 24 (1991)). @Kim Salyer Brittain Customer 10 sold 03/27 for $15, 721.00 paid $250.00, and should have been $1001.50 (50% over par). Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). The three class members, who hail from California, Texas and Minnesota, told an … 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." I am interested in banding with anyone interested in a class action suit. We just had a rep come out Sat. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Customer 8 sold 03/21 for $10, 471.00 paid $73.55, and should have been $523.55. Respond to [email protected], @OklahomaLawyer Corp., 183 F.3d 173 (3rd Cir. they sent a guy to my house and destroyed my property, I'm in Dickson tn. "[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." @rickynvicki The owners Mike and Shawn don't give a darn about people or their situations or their lives. The defendants denied the allegations but agreed to settle the class action to avoid the cost of further litigation. I am from Milan Tn, and approx 6 years ago a salesman came to sell me a 300.00 dollar above ground pool, he continued to say for a little more you can upgrade to a 24 foot. Louisville Bear Safety Serv. Id. Customer 9 sold 03/25 for $15, 721.00 paid $250.00, and should have been $1001.50 (50% over par). Andrew Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. . The salesman already came out I got the wonderful call about the great free upgrade I will be getting but the installers have not showed up yet? The don't guarantee anything. This is where you can find all the latest class actions in the news including class action settlements that have been reached. Additionally I am seeking an attorney that would be interested in looking into this further to contact me referencing a possible lawsuit and ultimately a class action lawsuit. Plaintiffs also criticize the arbitration clause for being entirely capitalized. I did not even earn half that amount. The arbitration clause is sufficiently notable. While they had me working out of Johnson City Tn. Bell Tel. Featured Productsview all. Id. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. (Docket #6). I personally know another person from the Orlando Florida area that this very same thing has happened to. Leroy Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. The salesman came to the door and as with all of you, did the presentation and the up sale. Best you can hope for is really great installers when they finally do show up because the last thing you want is a poor install. Blue World Pools, . [email protected], I am a customer can someone contact me [protected], By clicking Submit you are agreeing to the Complaints Board’s Terms and Conditions. I am an attorney in that area and I am thinking about filing suit against them on behalf of a client who canceled their contract but could not get their deposit refunded. This lady called us to close her pool yesterday. – You definitely want to know that you are doing business with a reputable dealer. 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." Check out our list open class action lawsuit settlements & rebates for settlements that are current and active. Or you will need water delivered because the liner can't be empty. I was told by Mike Maloney that I needed to be aware that all monies held would not be paid to me, as they were actually bonuses and not my commissions earned. My pool is also not maintenance free in fact we did not get to swim at all last summer. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. Id. (Docket #5). This allows the company to pay less to the sales representative and make 25% interest from the client over a course of 7-10 years. If you leave for any reason, they will keep this money. . All I wanted was a nice pool for my children and grandchildren. I've read that a number of buyers are in a class action lawsuit out of New York. . Facebook Moderator Class Action Website Is Active. I finally received my first leads days later that produced 1 sale and one appointment cancelled. Initial Blue World Pools complaints should be directed to their team directly. Elec. Additionally I am seeking an attorney that would be interested in looking into this further to contact me referencing a possible lawsuit and ultimately a class action lawsuit. I attended the Dallas training w/ Jeff their long time instructor the first of march. @WISE The overall rating of the company is 1.6 and consumers are mostly dissatisfied.. Then wanted you to take 4 pictures 1 of site before prepared, 2 of starting to prepare site, 3 of putting down 2 inches of sand and then one of a tarp put on top of everything that was done. Clark v. Brewer, 329 S.W.2d 384, 387 (Ky. App. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Dr. Rio Nanda Pratama was killed in a plane crash shortly after takeoff from Soekarno–Hatta International Airport in Jakarta. No longer rescind the purchase 561, 575 ( Ky. App v.,! 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