The lawsuit claiming that Macy’s sells mislabeled gold took an unusual turn on April 18: The case got a new plaintiff after news emerged that the first was the mother of the class action lawyer.
In October, Natalya Barsukova sued the department store in Massachusetts federal court, claiming that she bought a set of earrings labeled “fine gold” that turned out to be silver. The suit sought class action status. However, in his most recent court filing, Barsukova’s lawyer, Sergei Lemberg, acknowledged the plaintiff was his mother and substituted a new plaintiff.
The new litigant, Clearwater, Fla., resident Isaac Aviles, lodged a similar complaint, alleging he bought a $194 diamond ring from Macy’s in September 2008 that was described on its receipt as “14KT YG DIA RING.” After a few years, the ring showed signs of “tarnish and discoloration,” and turned out to be sterling silver surface-plated with a thin layer of gold, which would be a violation of the FTC Guides, the suit charges.
Later, when Aviles got the ring serviced by Macy’s, the invoice described it as “gold plated,” rather than 14k gold, the suit further notes.
The suit charges breach of contract, unjust enrichment, and fraud, and seeks class action status.
Macy’s declined comment. However, the retailer has previously denied that its descriptions mislead consumers.