A California federal judge has denied Zales’ attempt to dismiss a class action lawsuit asserting that the company does not honor its own warranty terms.
According to U.S. District Judge James Lorenz, the Zales customer who filed the class action sufficiently established that the jeweler had indeed violated its Zales Lifetime Diamond Commitment.
Zales asserted that the customer’s claims of false advertising should be dismissed, by stating that most consumers would not have been misled by the advertising around Zales’ terms of warranty.
However, Judge Lorenz determined that Zales had not sufficiently established that the claims should be dismissed because they provided insufficient documents to back up this argument.
Zales also argued that the customer who filed the Zales class action lawsuit lacked specificity in his claims. However, Judge Lorenz states that the allegations were specific enough, because the Federal Rule of Civil Procedure “requires only a short and plain statement of the claim showing that the pleader is entitled to relief, in order to give the defendant fair notice of what the claim is and the grounds upon which it rests.”
According to Judge Lorenz, the customer’s claims were sufficient to raise a right to relief above the level of speculation, asserting that all of the allegations in the complaint are true.
Judge Lorenz also said that the customer had sufficiently established that many reasonable consumers would have been misled by Zales’ warranty.
The Zales warranty class action lawsuit was filed by Gordon Lovette, who says that he purchased a diamond ring from Zales, doing business as Piercing Pagoda, in 2008.
At the time he bought the ring, Lovette says he also purchased a Zales Lifetime Diamond Commitment, which is a warranty for repair and replacement of the diamond, if the ring is brought in for semiannual inspections.
According to Lovette, he brought the ring in for inspection every six months, per the service terms. He says that in 2018, the diamond became loose in its setting, and he requested a free repair under the terms of his warranty. However, he was allegedly refused the service and was told that loose settings were only covered under an extended warranty.
Allegedly, Lovette was told that unless he “immediately paid to have the setting corrected, it was voiding [his warranty] because the diamond was loose in its setting.” The employee reportedly refused to “sign off on [Lovette’s] bi-annual inspection … because his diamond was loose in its setting.”
Lovette says that had he known that Zales would violate the terms of its own warranty, he would not have purchased the ring or would not have paid as much as he did for it. He claims that he and many other customers were financially injured by Zales’ practices.
Lovette is represented by Todd M. Friedman, Adrian Bacon, Meghan George and Thomas Wheeler of the Law Offices of Todd M. Friedman PC.
The Zales Jewelry Repair Services Class Action Lawsuit is Lovette v. Zale Delaware Inc., et al., Case No. 3:18-cv-02727-L-RBB, in the U.S. District Court for the Southern District of California.
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39 thoughts onZales Must Face Lifetime Warranty Class Action Lawsuit
Hello everyone. It saddens me that Zales is able to continue to lie patrons and not comply with the warranty guidelines. Just as the other individuals have mention my daughter’s name necklace was purchased from Zales online, once bringing the broken necklace into the store for repair. The sales person accused me of not purchasing the necklace from Zales. I have the receipt for all the purchases including the warranty receipt. Called the store multiple times for the status on the necklace that they said was not able to be repaired under warranty, and I was not given any status. I would love to be apart of another Lawsuit with Zales if the opportunity arises again.
ZALES STORE ARE CROOKS….
I purchased a brand new out the showcase $11,000 “genuine” diamond ring 10/2022 along with warranty. After store sale discount and me trading in a previous purchased ring my balance to pay was $5003.55. Now, I’ve been getting cleanings and inspections but today my ring look as if sand is in the middle? So, I take it to get cleaned and serviced today and they told me the ring looks great now! To me it looks like a fake diamond! On my service receipt it shows my sale price as $5003 and trade is NOT eligible??? Serval told me my ring doesn’t look half of the original purchase price!! When I asked why does it show my sales price as $5003 the associate stated that’s what the ring is worth and not sure why is ineligible for trade in!! I am beyond pissed and need explanation for ZALES today!! I will sue them if I have too!!
They are doing same thing to me. And I had also bought another protection plan as well needless to say my wedding rings were purchased in 2014 I have been able to wear them since 2015 cause all the diamonds fell out
Please add me. Bought our rings in 2010. Recently we were told that the warranties we purchased only covered one ring. The other rings were only covered on the metals. Eleven and a half years later and after faithfully taking them in for inspections. We were also told that the Celebration engagement ring we purchased was not in fact a real Celebration ring. Horrible and heart breaking!