Macy’s has filed a motion to dismiss an intended class action lawsuit that centers on claims the department store misrepresents its gold jewelry, saying that no fraud occurred and the incident falls outside the four-year statute of limitations.

In April, Isaac Aviles of Clearwater, Fla., filed suit alleging he bought a $194 diamond ring from Macy’s in September 2008 that was described on its receipt as “14KT YG DIA RING.” After a few years, the ring showed signs of “tarnish and discoloration” and turned out to be sterling silver surface-plated with a thin layer of gold, according to court filings.

Aviles became the suit’s lead plaintiff after the original complainant, Natalya Barsukova, dropped out when it was revealed she was the attorney’s mother.

But in a motion, filed June 6 in Massachusetts federal court, the company’s lawyers argue the alleged misrepresentation occurred five years ago, which they say is outside the four-year statute of limitations.

“The statute of limitations for Aviles’s claims under Florida law runs from the date of purchase, and not the date of discovery of any injury, his claims must be dismissed,” the filing reads.

In addition, the papers say the only allegedly false claim in the lawsuit is the “14KT YG” description on the sales receipt.

“A receipt for purchase is provided to a customer after a purchase is made,” attorneys for Macy’s argue in the motion. “Aviles makes no allegation that his transaction was somehow the exception to the rule and he obtained a receipt (with the allegedly false statement) before he actually purchased the product.” 

The motion filing continues, “Because the decision to purchase and actual purchase were made before any alleged false representation by Macy’s, Aviles cannot establish reliance—an essential element of his fraud claim.”

At press time, the plaintiffs had not filed a response to the Macy’s motion.

Rob Bates

JCK News Director