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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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37 thoughts onZales Must Face Lifetime Warranty Class Action Lawsuit
Add me. I have honored my 6 month inspections for 9 years until recently when Covid hit. Even when the store was open they were not doing inspections. I was finally able to get my inspection and they said the ring looked great. I had it sent out for sizing and they just called me stating I have a “cracked stone” and because my inspection fell out of the 6month timeframe it wasn’t covered and had to pay out of pocket and if I didnt have it fixed my warranty would be fully voided.
Please add me to this. My Zales local store went out of business. Signet owns both Kay and Zales. We paid for a lifetime warranty but there are no zales stores near us now. They are demanding that we drive over an hour 1 way to the next closest store for our inspections and warranty work. They could easily just transfer it to a Kay jeweler since they’re owned by the same company. They also refuse to give me my money back for my lifetime warranty. I have not owned this piece very long and I took it to inspections every 6 months on the dot!
Add me please if needed? My husband and I bought my wedding ring there in March 2019 and purchased the same L. T. warranty. I’m also nervous that they will try to say that bc our 6mo checks were thrown off (for to covid they were closed, understandable but we couldn’t even get in touch with the number left on the store doors) that our warranty had been rendered invalid. Hasn’t happened yet, but still worried after seeing this. Thanks!
Add me please
Please add me. I have a diamond ring that was inspected faithfully until Covid. I got my ring inspected today and they say everything is ok with my warranty but I have my doubts
I have a problem with Zales replacing a prong and a diamond in a ring that was purchased it started out I was trying to get my ring inspected in the Cincinnati Northgate mall store it was suppose to been in June 2018 I was diagnosed with cancer and didnt make it, but when I went to the mall around September of 2018 I didnt have my paper work it was misplaced but they inspected my ring and told me to bring my papers when I find them. I called corporate several times and told them my papers were misplaced and I told them that Northgate store inspected my ring but they said they can only write it on the paperwork. Corporate look in the system and told me they couldn’t find any thing in their sysyem because the purchase was to far back and they only go back so many years so they told me there is nothing they can do until I bring in my papers. So I found my papers in March of 2020 and went to the Liberty town center mall and they were not doing any repairs. So now their doing repairs and they telling me that I have to pay for my ring to be fixed and that my warranty is not any good any more unless I get my ring fixed by them then I can get my warranty back this is bs because as long as I was going in those stores they should have been able to give me some type of paperwork that they inspected my ring and it should be some type of record of purchase since I have a warranty but they do this so they can void your warranty. I even gave them my husband info because he purchased the ring and they still said they couldn’t find any thing so what if it had got burned up or something they the warranty is no good thats bs.
The diamond warranty and the repair warranty are two different things.
Add me. Having exact same problem
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