Macy’s has settled a year-old lawsuit that alleged it mislabeled its gold jewelry, court papers show.
The terms of the settlement are confidential, says plaintiff attorney Sergei Lumberg. Although the suit was intended to be a class action, it was settled on an individual basis, so there will be no distribution to class members.
The suit’s plaintiff, Isaac Aviles of Clearwater, Fla., was said to have bought a $194 diamond ring from Macy’s in September 2008 that was described on its receipt as “14KT YG DIA RING.” According to court filings, after a few years the ring showed signs of “tarnish and discoloration.” A subsequent cleaning invoice from Macy’s called the ring “gold-plated.” If the ring was falsely represented as gold, that would be a violation of the FTC Guides, the suit charges.
The complaint charged breach of contract, unjust enrichment, and fraud.
The suit’s original plaintiff was Natalya Barsukova, Lumberg’s mother, but was eventually switched to Aviles.
Macy’s could not be reached for comment, but has previously denied the charges.
The plaintiff plans to withdraw the complaint with prejudice within 60 days.
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