JTV Faces Second Lawsuit
By JCK Online Staff -- JCK Online, 6/10/2008 12:26:00 PM
A second false advertising lawsuit has been filed against Jewelry Television, the Knoxville News Sentinel reports.
Theresa and Gary Hurd of Kodak, Tenn., filed suit June 5 in Knox County Circuit Court claiming the shopping network "fraudulently advertised and misrepresented" the gemstone andesine-labradorite as being "highly coveted" and "extremely rare," the newspaper reports.
The suit claims the Hurds actually received a "low-cost yellow or colorless" stone that had been given a "face lift," the newspaper reports. The lawsuits seeks in excess of $5 million and class-action status.
This is the second lawsuit filed against the Knoxville, Tenn.-based television and Internet retailer of gemstones and jewelry.
On May 23, Marliese Weed U.S. District Court in San Diego, Calif., filed a lawsuit against the company, accusing it of false advertising.
Weed claims that Jewelry Television sold gemstones described as rare and expensive red or green andesine labradorites. She said the items were actually colorless or yellow common feldspar that had been chemically treated.
The lawsuit is seeking class-action status.
Jewelry Television acknowledged that it has discovered one of its sources for the gemstone that treated the stone. The company reportedly said it shared that information with its customers and feels it acted responsibly.
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JTV did come clean and admit they had learned the gemstone was a "treated" gemstone...but that gut cleansing revelation did not occur until almost all of their supply had been sold.
hmmmmm.....
When the problem of refunding customers came up...they made a quiet attempt to refund to a few.
There wasnt any effort made to notify the bulk of the customers who had made purchases.
My letters went unanswered.
So, someone took them to court. They lost.
They now have to provide a credit and or partial refund to customers...
only...
The stones were returned to JTV.
Now remember...a credit from JTV is really the part of my money they didnt refund ...it is not a boon...or a favor or anything extra.It is part of the purchase price paid for the stones.
IN order to use my credit(remember this is my unrefunded money....not really a credit from them) I will have to buy something else from them. But, I can only use credits to pay for 1/2 of the item. I have to use cash out of my pocket to pay for the rest of the purchase.
So...In order to use $1000.00 worth of credit (which is my unrefunded money) i will have to spend an additional $1000.00 out of my pocket.
So.......
JTV sold "treated" gems at the higher "untreated" gem price.
They got caught but did nothing to refund money they overcharged their customers.
The settlement consists of the customer returning all the gemstones to JTV....and JTV in return gives the customers partial cash refund and a remaining credit to be used at JTV over a 12 month period.
This "credit" is really the customers unrefunded money for the merchandise they have already returned.
This credit(the customers unrefunded money) cannot be used to purchase an item. Only 1/2 on the price of the purchase in credit...the remainder of the purchase price has to be paid by the customers "outof pocket cash."
( remember...credit=your unrefunded monies for merchandise you no longer have)
You have one year to use your credit money.
So, if you have to match your credit each time you make a purchase...lets see...if you use a $1000.00 credit...you will match it with a $1000.00 out of your own pocket ...or else you cant use your credits....which again...is your own money.
So JTV has all the mechandise.
will return only a part of the money paid for the stones.
They hold part of your money and call it a credit...requiring you to purchase additional merchandise from them
And you have to spend your refund at JTV...in the time allotments they dictate...or you forfeit your remaining credit(unrefunded refund)
Hmmm...
No, I dont have any sadness for JTV.
They now have all the merchandise back...and the money paid for it.
Somehow, I dont think this is the end of all this.
Doug Stans - 2009-19-6 03:01:00 EDT -
I have purchased gemstones & jewelry from JTV for yrs. now. They have always stood behind their products & the few times I've had any kind of issue with an item, they correct it in a timely manner. As for the claims about andesine-labradorite, JTV corrected their "wrongful" statements when they discovered the mistake that was made about the treatrment for the stones. These owners of JTV do their best in a world of deception in that field of expertise. They've had to learn along with the rest of us whenever there is no proven facts at any given time. The stones ARE beautiful, afterall. I too was contacted to participate in the class action suit but have chosen not to. Our society is lawsuit crazy over too many things.
Vicki S. - 2009-23-4 15:20:00 EDT -
THEY HAVE MADE SETTLEMENT INFORMATION CLAIM FORM SO VONFUSING ANYONE KNOW HOW TO SEND IN CLAIMSS FOR JEWELRY PARCELS AND GEMSTONES BEWARE CREDITS APPLY ONLY 50PERCENT IF YOU BUY!I HABE LOOSE, PARCELS, KITS, AND JEWELRY AND NOTSURE HOW TO FILL OUT VLAIM ANY HELP APPRECIATED
TAMMY - 2009-29-3 00:41:00 EDT -
To JTV
I have purchased many items pieces of Red Andesine-Labordoite. I was stunned to receive a notice of the class action suit. I feel betrayed and my loyalty and trust in JTV has been severely damaged. Im not yet sure whether to join the suit or not. but I think it would have been PROPER for JTV to have notified customers. The fact that I learned it by a Class Action Suit SMELLS, and fails the honesty test and the reliability test.
Joe Santarelli - 2009-21-3 18:06:00 EDT -
I purchased one of the stones for a ring I was making and it is beautiful. The price was right and I don''t care if it was treated or not. The people on the show sell what is given to them and if they were mis-informed it isn''t their fault. Some of the most coveted stones in the world are treated.This isn''t going to stop me from buying from them.
debra bennett - 2009-19-3 16:32:00 EDT
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