Jared the Galleria of Jewelry Overstates the Diamond Weights on Its Jewelry, Class Action Alleges

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Jared Jewelers False Diamond Weight Class Action Lawsuit Overview:

• Who: Sterling Jewelers, which owns Jared the Galleria of Jewelry, is being sued by a customer over the method in which it weighs the diamonds sold in its stores.
• Why: The class action lawsuit alleges Sterling systematically inflates the total weights of uncertified diamonds sold in its Jared stores.
• Where: The nationwide class action lawsuit was filed in federal court in Florida.

Sterling Jewelers, owner of at least a dozen jewelry stores, overstates the diamond weights on jewelry sold in its Jared the Galleria of Jewelry physical and online stores, a new class action lawsuit alleges.

The nationwide class action lawsuit was filed in Florida on August 23 by lead Plaintiff Thomas Kimbro who alleges that the company systematically inflates the total weights of uncertified diamonds, knowing that consumers have no way of knowing that the weights were inflated prior to purchase.

Kimbro bought a diamond ring from Jared the Galleria of Jewelry’s Neil Lane Bridal Set collection in Palm Beach Gardens, Florida in August 2018, according to the claim. The diamond ring came with a product description that purported to depict the total weight of the diamonds as fraction representations of carats, the claim reads.

After purchasing the ring, the store gave the Kimbro an “insurance replacement estimate” card that contained the description of the physical characteristics of the ring, however the card did not contain a conspicuous disclosure that the weight of the diamonds was not exact. The card also didn’t contain a conspicuous statement saying the weight tolerance used by the store, Kimbro says.

However, the insurance card did contain an entry for the total weight of the diamonds purchased, to two decimal places.

“Unbeknownst to the Plaintiff at the time, the diamond weight that appeared written on the product description was below the actual weight of the diamond,” Kimbro’s Jared lawsuit says.

The Jared lawsuit states that according to the Federal Trade Commission, when diamond weight is stated as a decimal figure, diamond weights must be accurate to the last decimal place. Likewise, there are certain requirements when diamond weight is stated as a fraction.

“If diamond weight is stated as fractional parts of a carat, a conspicuous disclosure of the fact that the diamond weight is not exact should be made in close proximity to the fractional representation and a disclosure of a reasonable range of weight for each fraction (or the weight tolerance being used) should also be made,” the claim reads.

Jared’s diamond weights, when displayed in decimal numbers, are not accurate to the last decimal point, the claim alleges, and when displayed as fractional parts of a carat, are not accompanied by a conspicuous disclosure of the fact that the diamond weight is not exact, nor by a disclosure of the weight tolerance used.

“Instead of disclosing the true weights of diamonds to consumers, Defendant mislabeled the weights in order to increase the value of the jewelry it sold,” the class action lawsuit alleges, adding that the company’s affirmative representations concealed the true weight of diamonds making them deceptive and untrue practices.

Kimbro wants to represent a nationwide class of consumers who bought diamonds from Jared the Galleria of Jewelry and were misled by the diamond weight listed. He also wants to represent a Florida subclass. He is suing for violations of Florida’s unfair trade and consumer protection laws, and unjust enrichment and breach of contract. He seeks certification of the Class, damages, restitution, legal fees and costs, and a jury trial.

Have you ever bought a diamond that had its carats measured in fractions? Let us know if your piece came with a disclosure alongside in the comments section!

Kimbro is represented by Michael A. Citron of Mac Legal, P.A.; Igor Hernandez of Cornish Hernandez Gonzalez, PLLC; and Ely R. Levy and Venessa Valdes Solis of Levy & Partners, PLLC.

The Jared Jewelers False Diamond Weight Class Action Lawsuit is Kimbro v. Sterling Jewelers Inc. Case No. 1:21-cv-23038-MGC in the U.S. District Court Southern District of Florida.

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