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November 14, 2012 / Amanda Greenburg

Class Action Lawsuit Filed Against Macy’s for Their “GOLD” Jewelry

A class action lawsuit has been filed against Macy’s Inc., alleging that Macy’s fraudulently sold gold-plated jewelry as “Fine Gold” in violation of the Federal Trade Commission (“FTC”) standards.  Among the allegations are claims of breach of contract and fraud.  The lawsuit was filed on October 10, 2012 in Massachusetts federal court.  The case has been assigned to Magistrate Judge Judith G. Dein.

The lawsuit was brought by named plaintiff Natalya Barsukov, who on April 18, 2010, a purchased a pair of earrings from Macy’s that were labeled “Fine Gold.”  She was informed the earring’s regular price was $360.00 but those earrings were discounted to $129.09 due to a “pre-sale.”  However, Natalya’s earrings began to show signs of tarnish and discoloration.  One part of the earring turned from a gold color to almost completely gray.   When Natalya took the earrings to a jeweler, she learned the earrings were not “Fine Gold”      and instead, sterling silver covered with a microlayer of gold.

Pursuant to the Federal Trade Commission (“FTC”) rules, the use of the word “Gold” or any abbreviation is prohibited to describe all or part of any product not composed completely of gold or a gold alloy.  “Gold” may be used to describe gold-plated items  if the description is “adequately qualified to indicate that the product or part is only surfaced-plated with gold”.

Class action lawsuits are filed by an individual on behalf of a large group of people who have been harmed in a similar way.  This particular lawsuit was filed on behalf of “all persons who purchased jewelry from Macy’s labeled and sold as ‘Gold’ or ‘Fine Gold’ that was in fact gold-plated silver or sterling silver.”

Barsukov believes there are other similarly situated people based on her internet searches.  One posting said “Trotted on over to a gold exchange this afternoon expecting to earn a small windfall by selling some old silver and gold.  But instead learned that I’d been duped.”  Another posting stated “The straight-backed lady examined the goods under a magnifying glass and said that my supposedly gold necklace from Macy’s was none other than silver. “

If you or someone you know has purchased a fraudulent item, please contact please contact Khorrami, LLP for a confidential consultation.

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