The lawsuit charging that Macy’s has mislabeled its gold jewelry is moving ahead.
The suit’s plaintiff, Isaac Aviles of Clearwater, Fla., bought a $194 diamond ring from Macy’s in September 2008 that was described on its receipt as “14KT YG DIA RING.” According to court filings, after a few years the ring showed signs of “tarnish and discoloration.” A subsequent cleaning invoice from Macy’s called the ring “gold-plated.”
In early June, Macy’s filed a motion to dismiss, saying that no fraud occurred and the incident falls outside the four-year statute of limitations. But Judge Senior Judge Edward F. Harrington denied that motion in a two-line electronic order issued on June 25.
The court “shall re-visit these issues at the summary judgment stage at the close of discovery,” it said.
If the ring was falsely represented as gold, that would be a violation of the FTC Guides, the suit charges. The complaint, which seeks class action status, charges breach of contract, unjust enrichment, and fraud.
“It’s a baby step forward,” says Aviles’ lawyer Sergei Lumberg. “We are gratified with the judge’s decision and look forward to developing the case in discovery.”
Macy’s could not be reached for comment before press time, but has previously said it does not comment on ongoing litigation. The department stor chain has previously denied that its descriptions mislead consumers.
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