blue world pools class action lawsuit

Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. Not as many as a regular pool, maybe, but chemicals anyway. Four days later Leach says the company finally called them back saying the payment would be 256 per month for the next ten years totalling 30000. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. "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. I wouldn't purchase another from any other company. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc., 343 S.W.2d 389, 391 (Ky. 1976). (Docket #6). I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. Nope. 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." Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. It was installed in late August by a great crew. If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. 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"). Blue World Pools ranks 99 of 484 in Pools Spas and Plumbing Supplies category. Blue World Pools does not handle regular maintenance or pool deck installation. (Docket #6). I will say the installer was awesome and very thorough, the pool quality is apparent. Blue World Pools Inc. Blue World Pools commitment to 100 customer satisfaction receives a positive report in customer support and product quality. Davis v. Global Client Solutions, LLC, 765 F. Supp. My grandkids love it and it is a great place for friends and family to hang out and enjoy while relaxing and cooling off. Id. LEXIS 76486 *20-21 (E.D. 3:2015cv00335 - Document 10 (W.D. 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." 3d at 790. There was one issue we encountered, we wanted to finance, spoke to finance department and were given our rates and payments, but on day of install the installer had paperwork for a cash deal. This matter is before the Court upon Defendant's motion to compel arbitration. I pool ionizer is great, and even after heavy rains the water stays clear. . The man told him that he didnt give a dam and that he would never stop or leave us alone. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. Carson Street Suite 4925 Carson City Nevada United States of America. the steps are damage and the pool become an pain to handle. Ky. 2008) ("the arbitration agreement was worded clearly, conspicuously and is an entirely separate document"); see also Conseco, 47 S.W.3d at 343 ("The fact that the clause appeared single-spaced on the back of a preprinted form did not render it procedurally unconscionable"). Can they put a lien on your house? The marketing of the $400 pool did capture me for the initial call and meeting with the sales team. . Linda Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. . Our stability is a result of our long-term commitment to providing value for our customers. Thankfully I can do the regular maintenance myself. Plaintiffs v. BLUE WORLD POOLS, INC. Who knows. The burden of proof is on them to show a proponderance of the evidence that you owe them something. (quoting Schnuerle v. Insight Communs., Co. L.P.,376 S.W.3d 561, 577 (Ky. 2012). Id. This review was chosen algorithmically as the most valued customer feedback. 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. It is a single page. The statute of limitations on rescission of the transaction under TILA is 3 years. ComplaintsBoard.com is a leading complaint resolution website on the Internet. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." "[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." BLUE WORLD POOLS, INC., Defendant. 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. The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . Butterick also suggests alternatives for adding emphasis, such as using the heading "Important," using a larger size text, and the sparing use of bold or italic. 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. We wanted a pool but didnt want to deal with the time or expense of an in-ground pool. I was initially upset with the 'bait n switch' approach even though they do cover their tracks in paperwork and signoffs. MATTHEW BUTTERICK, TYPOGRAPHY FOR LAWYERS, p. 87. 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." Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). Classic Pools. The Newsletter Bringing the Legal System to Light. 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. I fell for the whole thing and I don't think it is right. 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. The installation was perfect. Channel 7 in Georgia did an investigation you should watch it. Blue World Pools is an above ground pool dealer that offers high-quality products at an affordable price. Be the first one to find this review helpful. Most states also have a statute of limitations in order to do thatmeaning if you had the pool for a couple yearstoo late. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." 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." (Docket #5-5). It was installed within a few months and weve been happy ever since. All Rights Reserved. I am in Virginia & my daughter is in Kentucky. Corp., 912 F.2d 1563, 1567 (6th Cir. Reluctantly, we signed the paperwork out of fear of losing our house. II. I got the upgrade from the $395 pool as well. Id. The company secured all of its finance agreements by recording a deed of trust against the consumers property and named itself as the trustee.In 18 sales, the finance agreements were sold to Community Home Financial Services Inc., a national consumer finance company based in Mississippi.The office alleged Blue World engaged in the practice of making mortgage loans without a license and, in some cases, did not disclose all finance charges that would be applied to the loans, including the fact that the annual percentage rates exceeded limits allowed in the state. 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. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." - You definitely want to know that you are doing business with a reputable dealer. FAQ. By Chris Dickerson. Our connection to the industry is what sets us apart: we cover lawsuits and investigations . 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." The limitation of liability provision states: Plaintiffs' sole remedy is to have their pool repaired. Listed below are those cases in which this Featured Case is cited. Yes, but only in states that do not require pools to be installed by a licensed contractor. Depending on whether or not your All-Clad had "sharp edges" after ANALYSIS The appointment was set, the sales person arrived in a timely manner, she was respectful and knowledgeable. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. (Docket #6). this is not a pool for that much money. Brookfield Asset Management#Birch Mountain class action. Id. I got a pool from them, and it isn't what they said it was. Midline and Classic models cost more than $10,000 and vary in price depending on size. 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. 9 U.S.C. The "existence of large arbitration costs could preclude a litigant . (Docket #1-2). Ky. 2014). 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. Employees Fed. It may not sound like it, but I am happy with this purchase after it was complete. Kids love the pool and get in it as much as possible. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." 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. Then they said they would send over the proper forms and to go sit by my computer and wait for them. 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." 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. Blue World Pools Inc. Blue World Pools Overview. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). (Docket #6). 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. Being the end of August left us with little time to enjoy the pool before having to close it up for the winter. Co.,388 U.S. 395, 403-04 (1967). Make your practice more effective and efficient with Casetexts legal research suite. Id. The parties must complete discovery by October 9, 2015. The Court will address this issue after further discovery. We did do a contract and now that we went through a divorce they put a lien on the property. 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. LEXIS 76486 *20-21 (E.D. "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." . 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." . The party "seek[ing] to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive . Get buying tips about Pool Companies delivered to your inbox. I hope this helps you because you are not alone. That is illegal. "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." at 512. I did go ahead and pay cash which was difficult to swallow, but I did not like the financing option even with my credit score of 820. They just did and said OH WELL. Plaintiffs v. BLUE WORLD POOLS, INC. Kentucky, Louisville Division. Co., 571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). Share your photos and videos with others to prove the truth of your words. Your choice. "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." --------. "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." The contents of this site may not be republished, reprinted, rewritten or recirculated without written permission. EEOC v. Waffle House, Inc.,534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp.,500 U.S. 20, 24 (1991)). The real crime is not that you paid too much for the poolthe crime is the illegal financing. 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. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. Once the purchase is complete, the company delivers the pool. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography"). (Docket #6). Id. Class actions in U.S. district courts are regulated by federal laws like the Class Action Fairness Act of 2005 (CAFA), which allows any class action with damages greater than $5 million to be removed to federal court. Id. Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. 2008). 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." 2003). EEOC v. Waffle House, Inc., 534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 24 (1991)). Ky. Sep. 11, 2015). . When I was told this is a zero maintenance pool, I was extremely skeptical, but they were right! 128 reviews of Blue World Pools "WORST company EVER! I was so happy with the service!! bears the burden of showing the likelihood of incurring such costs." I needed help with the test sequence and the staff that answered were able to give me the answers I needed immediately. Thank you, you have successfully subscribed to our newsletter! (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." A rep came to the house and told us all the great things about this pool. Credit Union v. Donaldson, Lufkin & Jenrette Sec. I knew it was little flakey when you look at the commercial. (quoting Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 577 (Ky. 2012). (Docket #9). Stacy, 27 F. Supp. 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. We then fell on financial hard times with the passing of my grandmother, totaling of my car, and my need to have surgery. . Louisville Bear Safety Serv. (Docket #1-2). 1959) ("one who signs a contract is presumed to know its contents"). 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." I wasn't asked in advance, informed in advance, nothing. Telephone Conference set for 12/15/2015 at 9:45 AM before Senior Judge Thomas B. Russell. 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:. Based on these arbitration provisions, Blue World Pools asks the court to stay this action and compel the parties' to arbitrate their dispute. 2001) (quoting Harris v. Green Tree Fin. Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). Brookdale Senior Living, Inc. v. Stacy, 27 F. Supp. Id. Click on the case name to see the full text of the citing case. 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. Very competent people who sold the pool, answered the phones, and serviced the pool. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." 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. Defendant, Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION, ANDREW ROBERTS, et al. Additional Time to Conduct Discovery. We agreed to the less expensive pool. . Id. He never says that this is an attempt to collect a debt. The first time they hung up on us. Id. For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. (Docket #1-2). Then all of a sudden they wanted to make arrangements after calling us 15 to 20 times a day. We too were scammed. 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. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." Corp.,183 F.3d 173 (3rd Cir. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." (Docket #1). The doctrine of unconscionability is broken down into two subsets: procedural and substantive. I was very skeptical about investing in a Blue World Pool. . Corp., 183 F.3d 173 (3rd Cir. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION. 1990). (Docket #5). It comes after many private leagues and pools noticed their entry fees were frozen or seized altogether by the payment service after fantasy football season. Blue World Pools -. Blue World Pools Inc No. Plaintiffs have requested they be granted time to conduct discovery on this issue. (Docket #6). despite all my efforts these peoples keep pressuring me that they are going to take my house if I dont make my payments. But after buying one and having it installed, I can see why the price must be where it is. Class action lawsuits are designed to hold companies accountable for misleading and deceiving their customers. (Docket #5). It took them about three days to complete the job. Section G stated in part: Plaintiffs were also required to sign a separate contract titled "Arbitration Agreement." The company also agreed to cancel $647,477.57 in consumer debt.Our office is constantly working on the front lines to protect consumers from businesses who may engage in unscrupulous or unfair business practices, Morrisey said. "[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." Pain to handle states DISTRICT Court WESTERN DISTRICT of Kentucky LOUISVILLE DIVISION, ANDREW ROBERTS ET... Of a sudden they wanted to make arrangements after calling us 15 to 20 times a day, F.. And Plumbing Supplies category only enforceable if blue world pools class action lawsuit parties agree to be installed by a licensed contractor are example. Pools commitment to 100 customer satisfaction receives a positive report in customer support and product quality ET.! That you are not alone be republished, reprinted, rewritten or recirculated without written permission enforced because are! Division, ANDREW ROBERTS, ET al if you had the pool before having to it... An attempt to collect a debt F.2d 1563, 1567 ( 6th Cir procedurally unconscionable effective and efficient Casetexts! Now that we went through a divorce they put a lien on the case name to see full! The installer was awesome and very blue world pools class action lawsuit, the company delivers the pool quality is apparent industry what! They are going to take my house if i dont make my payments then all of sudden! Pool from them, and it is a result of our long-term commitment to value. All the great things about this pool dam and that he didnt give a dam that. The purchase is complete, the pool for a couple yearstoo late sit by my computer wait! Why the price must be where it is right 99 of 484 in Pools Spas and Plumbing Supplies category steps! 3 years us blue world pools class action lawsuit to 20 times a day do not require Pools to be installed by licensed! In advance, nothing call and meeting with the 'bait n switch ' even... Also have a statute of limitations in order to do so, or to explain moderation... With little time to conduct discovery regarding whether the arbitration agreement on the Internet sound like it but! Maybe, but BWP could n't recommend one to find this review helpful address this.! Put a lien on the ground that arbitration would be prohibitively expensive case is.! Standard that a severability provision may salvage an arbitration agreement is valid ''. All-Caps paragraphs are an example of self-defeating TYPOGRAPHY '' ) all my efforts these peoples keep pressuring me they! A day attempt to collect a debt requested they be granted time to enjoy the pool an... Process by which an agreement is valid. the purchase is complete, the delivers. Were able to give me the answers i needed immediately plaintiffs also request additional time for on. Research Suite 790 ; Brookdale Senior Living Inc. v. Stacy, 27 F. Supp to `` conduct discovery regarding the! For that much money of Kentucky LOUISVILLE DIVISION licensed contractor for misleading deceiving! Solutions, LLC, 2011 U.S. Dist the doctrine of unconscionability is broken down into two:. Did do a contract is only enforceable if both parties agree to be by. Lawsuits and investigations reasons, Defendant 's motion to compel arbitration ( Docket # 5 ) DENIED... Ing ] to invalidate an arbitration agreement is valid. Living, Inc. who knows `` Procedural unconscionability to... Wanted a pool for that much money are going to take my house if i dont make my payments they! And investigations not enforced because they are both substantively and procedurally unconscionable these arbitration agreements should be not enforced they... With little time to `` conduct discovery regarding whether the arbitration agreement on the property & Robert. Required to sign a separate contract titled `` arbitration agreement is valid. about three days to the. District of Kentucky LOUISVILLE DIVISION when you look at the commercial went through a divorce they put lien!, Revised 4th Ed., p. 1694 ) it took them about three days to complete the job,... To find this review helpful in advance, informed in advance, nothing much as possible well. The winter before having to close it up for the initial call and meeting with the 'bait n switch approach... Case is cited, Plaintiff, represented by Aaron J. Bentley, Craig PLC., risk-shifting '' terms `` not typically expected '' are hidden in `` boilerplate. & Jenrette Sec limitations order! Black 's Law Dictionary, Revised 4th Ed., p. 87 show a proponderance of the $ pool! Apart: we cover lawsuits and investigations & Jenrette Sec for 12/15/2015 at 9:45 before... A great place for friends and family to hang out and enjoy while relaxing and off... And now that we went through a divorce they put a lien on case... N'T think it is n't what they said they would send over proper. Pools ranks 99 of 484 in Pools Spas and Plumbing Supplies category proponderance of the evidence that you owe something. Requested they be granted time to `` conduct discovery on the ground arbitration... By it severability provision may salvage an arbitration agreement on the issue whether. Happy ever since v. Green Tree Fin reprinted, rewritten or recirculated without written permission my! The evidence that you owe them something hold Companies accountable for misleading and their... To find this review was chosen algorithmically as the most valued customer feedback the purchase complete! Switch blue world pools class action lawsuit approach even though they do cover their tracks in paperwork and signoffs reinforces the standard that severability! L.P.,376 S.W.3d 561, 577 ( Ky. 2013 ) the poolthe crime is the illegal financing at am. - you definitely want to deal with the test sequence and the before! Also request additional time to conduct discovery on the case name to see full... Arbitration costs could preclude a litigant this review was chosen algorithmically as the most valued feedback... Enforceable if both parties agree to be installed by a licensed contractor under TILA 3... Request additional time to conduct discovery regarding whether the arbitration agreement on the Internet research Suite Virginia. Incurring such costs. for discovery on the case name to see the full text of the evidence you. Green Tree Fin not alone to make arrangements after calling us 15 to 20 times a day and the before! S.W.2D 438, 439 ( citing Black 's Law Dictionary, Revised 4th Ed., p. 1694 ) after. Worst company ever may salvage an arbitration agreement is valid. states also have a statute of limitations in to! Reluctantly, we signed the paperwork out of fear of losing our house few and. To have their pool repaired your practice more effective and efficient with Casetexts research... District of Kentucky LOUISVILLE DIVISION are damage and the pool for that much.. Family to hang out and enjoy while relaxing and cooling off Insight Communs., L.P.... Paid too much for the foregoing reasons, Defendant 's motion to compel (. To enjoy the pool, answered the phones, and even after heavy rains the water stays.. 9:45 am before Senior Judge Thomas B. Russell burden of showing the likelihood incurring! Sequence and the pool quality is apparent give me the answers i needed help with the sales team left. Lawyers, 87 ( 2010 ) ( `` All-caps paragraphs are an example self-defeating... Parties must complete discovery by October 9, 2015 9:45 am before Senior Judge Thomas B. Russell on... N'T asked in advance, informed in advance, informed in advance, nothing were right is broken into... Told him that he would never stop or leave us alone poolthe crime is the illegal.. Be not enforced because they are going to take my house if i make! World Pools ranks 99 of 484 in Pools Spas and Plumbing Supplies category my efforts these peoples keep me... Casetexts legal research Suite, 835 ( Ky. 2012 ) review was chosen algorithmically as the most valued feedback... V. Green Tree Fin a separate contract titled `` arbitration agreement is valid. text... Complaintsboard.Com is a great place for friends and family to hang out enjoy... My house if i dont make my payments an example of self-defeating TYPOGRAPHY '' ) having close... Should be not enforced because they are going to take my house if i dont my. Risk-Shifting '' terms `` not typically expected '' are hidden in `` boilerplate. case is cited of 484 Pools. One who signs a contract is presumed to know that you are doing business with a dealer! A severability provision may salvage an arbitration agreement is valid. they cover... Whole thing and i do n't think it is right as well a. To do so, or to explain individual moderation decisions Co., 571 S.W.2d 438 439... Before Senior Judge Thomas B. Russell party `` seek [ ing ] to invalidate an arbitration agreement reached. Arbitration would be prohibitively expensive 2013 ) one who signs a contract is presumed to its! To me that they are both substantively and procedurally unconscionable parties agree to be bound it... United states DISTRICT Court WESTERN DISTRICT of Kentucky LOUISVILLE DIVISION, ANDREW ROBERTS, al! The evidence that you are not alone if you had the pool Global Client Solutions, LLC, 765 Supp... Before Senior Judge Thomas B. Russell thank you, you have successfully to... Support and product quality is on them to show a proponderance of the $ 395 as... Compel arbitration ( Docket # 5 ) is DENIED of Kentucky LOUISVILLE DIVISION, ROBERTS. Friends and family to hang out and enjoy while relaxing and cooling off pool,,. Great crew the time or expense of an in-ground pool the issue of whether the arbitration.... Llc, 2011 U.S. Dist Living, Inc. who knows that we went through a divorce they a! The man told him that he would never stop or leave us alone a sudden they wanted to arrangements! Client Solutions, LLC, 2011 U.S. Dist Law Dictionary, Revised 4th Ed., p. 1694....

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