Anne Bucher  |  March 20, 2018

Category: Consumer News

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Sears-LogoLast week, Sears Holdings Corporation was hit with a class action lawsuit alleging it deceives consumers by labeling and marketing jewelry as “14K Gold” when the jewelry is actually a much less valuable non-gold metal that is covered or plated with a layer of gold alloy.

Plaintiff Maxine Moss, who allegedly purchased a “14K Gold” necklace from Sears says the company’s sale of the necklace is “part of a uniform company-wide deceptive marketing practice it employs wherein it labels similarly gold-plated or gold-covered jewelry as gold.”

The Sears jewelry class action lawsuit points to guidelines set by the Federal Trade Commission for the labeling of gold jewelry. The FTC guidelines note that it is unfair or deceptive to misrepresent qualities and character of the jewelry. The agency specifically says that it is “unfair or deceptive to misrepresent the presence of gold or gold alloy in an industry product, or the quality or karat fineness of gold or gold alloy contained in the product.”

Products that are surface-plated or coated with gold alloy may be described with the word “Gold” as long as it is adequately qualified to indicate the product or part is only surface-plated.

Moss says she purchased a necklace labeled as “14K GOLD” from a New York Sears store on Dec. 26, 2016. According to the Sears class action lawsuit, the necklace was originally priced at $2,299.99, but Moss bought the necklace “on sale” at a price of $574.99. She paid an additional $56.99 for an extended service plan for the necklace.

About a month after the purchase, Moss says the necklace showed signs of tarnish and discoloration. She complained to Sears that she believed the necklace was not actually 14 karat gold.

According to the Sears gold jewelry class action lawsuit, Moss was told that under Sears’ policy, the necklace could not be tested because doing so could destroy the jewelry.

Moss filed the Sears class action lawsuit on behalf of herself and a proposed Class of consumers who purchased jewelry from Sears that included documentation at the time of sale that used the word “Gold” or its abbreviation without qualification to describe all or part of the jewelry, and which jewelry item was surface-plated, bonded or coated with gold or gold alloy.

Moss also seeks to represent a subclass of New York residents.

The Sears gold jewelry class action lawsuit asserts claims for breach of contract, unjust enrichment, breach of the duty of good faith and fair dealing, fraud, breach of the implied warranty of merchantability, and a claim under New York law for unfair or deceptive business practices.

Moss is seeking refunds for the allegedly falsely advertised jewelry, damages, attorneys’ fees and costs, and other relief deemed just and proper by the court.

Moss is represented by Sergei Lemberg of Lemberg Law LLC.

The Sears Gold-Plated Jewelry Class Action Lawsuit is Maxine Moss v. Sears Holdings Corporation, Case No. 2:18-cv-01663, in the U.S. District Court for the Eastern District of New York.

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218 thoughts onSears Class Action Lawsuit Says 14K Gold Jewelry is Gold-Plated

  1. Dianne Rike says:

    Add me I bought a 5 karat tennis bracelet, and I was told that the diamonds are not real Dayton Ohio

    1. Debbie Dobosz says:

      December 20, 2023.
      Add me to Sears lawsuit. We bought a tennis bracelet, rings, garnet ring. A gold heart diamond necklace. We were told everything was 14 karat gold.
      We taje to the jeweler. They advised me nothing was 14 karat gold. All gold plated.
      How sad. We are very angry, Sears would do this to their customers

  2. Chris Mattox says:

    I am in the same boat you all are in, I live in salem Oregon I purchased the 3 rings about a year and a half ago
    (05/2019) “on sale”, I paid a total of 1200 dollars for all three rings. 1 rings price tag shows 1999.98, another shows 1299.98 and the last one showed 998.98 but Sadly like all of you I was took advantage of. I still have 2 of the ring in there boxes with there tags on them. Please tell me how to be added to this as well. I gave my wife one of the rings and I was going to give my mother one and then keep the smallest for my daughter one when she was old enough. Sadly that won’t happen, the ring my wife was given has showen signs of wear and she dont do anything but office work. The lady that sold me my stuff swore it was all great stuff and would hold up to anything and I believed her as she was the “professional” and I’m just the customer. Please add me and keep me posted.

  3. Kelly pollino says:

    Please add me to this class action just found out my 4200.00 necklace is fake gold

    1. Bladimire says:

      I my self purchase a 14k Gold at sears but it turn out to be fake i try to return it with my receipt but they wont let me because the tag was already open.

  4. Magdalena E. Ramirez says:

    Please add me I bought necklace and the chain turned my neck with rash. And the necklace turned tarnished.

  5. Robert J Goudin says:

    add me

    1. Debbie Dobosz says:

      My mother purchased a 14k ( so called necklace, heart shaped with diamonds. Over 800.00. she also purchased a diamond tennis bracelet over 1400.00. i am livid. She purchased them at 6 corners in Chicago.

  6. Robert Goudin says:

    add me please

  7. Isienyi, Okechukwu Joseph says:

    Please add me too.
    Sears in New Jersey sold me fake jewelries and fake itchy diamond ring – 06/15/2018. I asked specifically for diamond and gold. A female clerk told me that the engagement ring is in diamond in white gold. She took me on a stroll for the various karats of gold and diamond rings. This bad ring itched my wife’s finger all the time!! – till l had to spend another tone of money at Jared to buy a real diamond ring. I bought other necklace and rings from there with care plan for everything, when she convinced me that all approximately $3000 can be place in a 12 month no interest credit card. I was gonna pay with my debit card. The necklace broke and washed. My rings washed in a matter of 2 weeks. It was insane, l was in a tight life schedule between work, then my fiancé visits and wedding plans etc. l brought the items back and complained. The said that they would check it out and fix any problems. After our wedding my wife revealed the blasphemy l feared! The engagement ring too was a problem!!! I asked for refund or credit for everything. Sears managers refused. The still have the jewelries after they claim to have refurbished them. The items are useless. A display of shame and nonsense. I refused to collect them.
    I am just tired of paying the credit card that is never going down. Today, April 10th 2020 it is still $2999. Always a shy above the credit limit of $2700. I set up all my payables on my checking account for automatic payments. This is killing me beyond words. This is fraud. I have paid so much for nothing.
    Thanks for the help?

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