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Helzberg Files Motion to Dismiss Hearts and Arrows Claim

Helzberg Files Motion to Dismiss Hearts and Arrows Claim

Helzberg Diamond Shops has filed a motion to dismiss a
class-action lawsuit
from a consumer who claims she was misled by the

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

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.

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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