Law360: Jared the Galleria of Jewelry has been hit with a proposed class suit claiming the jewelry retailer overstates diamond weights on pieces sold both in its stores and online.
In a suit filed Monday in Florida federal court, lead plaintiff Thomas Kimbro says the retail chain systematically inflates the total weights of uncertified diamonds in its jewelry pieces, knowing that most consumers would have no way of knowing they were inflated.
By law, the jeweler must give an accurate weight of a diamond to the last decimal place, if representing it as a decimal, according to the suit. If giving the weight as a fraction of a carat, the retailer must disclose in a conspicuous manner that the weight is not exact.
Kimbro says Jared violated both of these requirements. “Instead of disclosing the true weights of diamonds to consumers, the defendant mislabeled the weights in order to increase the value of the jewelry it sold,” Kimbro said.
Kimbro bought a one-carat, center-stone engagement ring at the Jared store in Palm Beach Gardens, Florida, in August 2018. He later found out that the diamond weighed only .95 carats, according to a statement from his attorney Michael Citron, who said that a small difference can sometimes translate into a price difference of thousands of dollars.
“What many people don’t realize is that percentage point differentials in the weight of a diamond can mean a significant difference in what customers are paying — to the tune of thousands and tens of thousands of dollars,” Citron said. “It is clear through our investigation that this is happening consistently, and that hundreds, if not thousands, of unsuspecting customers, are affected.”
Kimbro is seeking to represent a nationwide class, as well as a Florida class, of consumers who bought jewelry at Jared where the weight of diamonds was incorrect or did not include a conspicuous disclosure that the weight was not exact.
The suit targets Sterling Jewelers Inc., an Akron, Ohio-based jewelry company that owns a number of different jewelry brands, including Jared. The company has 200 Jared retail stores throughout the U.S., including more than 20 in Florida.
David Bouffard, a company spokesman for Sterling’s parent company Signet Jewelers Ltd., said the company stands by the quality of its products and service. “Because the trust of customers is so important, our team members receive extensive training, and our Signet vendors and our products follow robust quality procedures and are held to rigorous standards to ensure we are meeting or exceeding FTC advertising guidelines,” Bouffard said. “The allegations in the complaint are whole without merit.”
Kimbro is represented by Michael A. Citron of MAC Legal PA, Igor Hernandez of Cornish Hernandez Gonzalez PLLC and Ely R. Levy and Venessa Valdes Solis of Levy & Partners PLLC. Counsel information for Jared was unavailable.
8/26/2021 Jared Hit With Class Suit Claiming It Inflates Diamond Weights – Law360 https://www.law360.com/articles/1416150/print?section=florida 2/2 The case is Kimbro et al. v. Sterling Jewelers Inc., case number 1:21-cv-23038, in the U.S. District Court for the Southern District of Florida. –Editing by Daniel King.
Update: This story has been updated to include a comment from a representative for Jared.
Kimbro is seeking to represent a nationwide class, as well as a Florida class, of consumers who bought jewelry at Jared where the weight of diamonds was incorrect or did not include a conspicuous disclosure that the weight was not exact.
Sourced Directly From: Law 360
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