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Helzberg Files Motion to Dismiss Hearts and Arrows Claim

By Rob Bates, News Director
Posted on February 3, 2011
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Helzberg Diamond Shops has filed a motion to dismiss a class-action lawsuit from a consumer who claims she was misled by the company.

The woman, Sara Khaliki, alleges the diamond she bought, part of the Helzberg Diamond Masterpieces collection, was represented as having a “hearts and arrows” pattern, but turned out to be a princess cut.

The motion, filed by Helzberg attorneys Jan. 26, admits that the stone in question does not display “hearts and arrows.” But it contends that Helzberg’s conduct was “not deceptive.”

“[The Plaintiff] has alleged no specific facts that she claims caused her to believe that a square princess-cut diamond in the Helzberg Masterpiece collection would have the same hearts and arrows cut as the round diamonds in the collection,” the motion says. “Instead, she attempts to gloss over her lack of specifics by discussing the various diamonds as if they were interchangeable.

It argues that Khaliki “does not allege that she actually read, heard, or saw any alleged misrepresentation”—so her claim that was she misled “fails.”

“While the Complaint generally alleges misrepresentations in Helzberg’s brochures and in-store sales pitches … it fails to specify when and where these brochures were distributed or sales pitches were made,” it says. “When alleging deceptive practices based on advertising, Plaintiff must identify the particular advertisements that she viewed.”

It further contends that the Plaintiff offers no proof that she suffered any kind of monetary loss.

“The Plaintiff … does not allege that the diamond she purchased was actually of lesser quality or value because it did not feature hearts and arrows,” the motion says. “She [also] does not explain how or why the price she paid Helzberg for her diamond was excessive or inequitable.”

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