Andesine-Labradorite
Class Action Settlement Website
JTV has disagreed with Plaintiffs’
allegations and there are gemologists with differing views, but it is
Plaintiffs’ position that the andesine-labradorite is not as valuable as
advertised and is treated. Please
read the Amended
Complaint for more
information on Plaintiffs’ claims.
If you want to remain part of the
Settlement Class, you should begin collecting your gemstones and invoices now;
however, the claim form and instructions for making a claim will not be sent out
until final approval is granted. The
Court will hold a final approval hearing on January 12, 2009 at 8:30 a.m.
(eastern time). Assuming the Court
grants final approval, the earliest the claim forms will be sent to Settlement
Class Members is mid-January. You
may contact JTV for your purchase history.
The Settlement does not cover any
costs relating to the setting of your gemstone or removal of the gemstone from
its setting. Whether or not you
choose to remove your andesine-labradorite from a piece of jewelry you created
is a personal decision that you will
have to make and should be made after you review the settlement documents and
your options under the settlement. All
relevant documents are available on this website.
Please also note that, as specified in the Notice
– Benefits of Settlement, the gemstones must be returned in an undamaged
condition. This factor should also
be considered.
Please refer to paragraph 12 of the Notice
– What Qualifies as Proof of Purchase - which states that proof of purchase
may include a (1) receipt (invoice); (2) electronic receipt (invoice); (3)
e-mail confirmation of purchase; (4) shipping or packing documents bearing
barcodes and item descriptions, and/or any other proof sufficient to show (a) a
description of the item, (b) the purchase price of the item, and (c) that the
item was purchased from JTV. You may
also contact JTV customer service and request a copy of your account history
and/or invoices.
The settlement documents are in .pdf format, and you will need Adobe Reader for viewing. If Adobe Reader is not available on your computer, you may download it free at this site: Adobe Reader. You may need an earlier version of Adobe Reader if you have an older computer. It may take a long time to download depending on your connection.
No. The lawsuit only pertains to red and green andesine-labradorite.
You do not have to do anything to
become part of the Settlement Class. If
you purchased red or green andesine during the class period (March 1, 2004
through July 31, 2008), you are automatically a Settlement Class Member.
For further information, read paragraphs 9-15 of the Notice.
Also, see FAQ No. 2 above.
If you are part of the Settlement
Class and you wish to opt out (also known as “exclude yourself”), please
read paragraph 15 of the Notice
and fill out, sign and mail the Request
for Exclusion to Gregory F. Coleman, Coleman & Edwards, P.C., 4800 Old
Kingston Pike,
Your stones are real. It is the color enhancement that is at issue. See JTV's Answers to Frequently Asked Questions and http://learning.jewelrytelevision.com.
The value of a jewelry setting
and other stones add value and qualities beyond the plain gemstones.
However, the additional value is not included in the settlement.
It is only the value of the gemstone(s).
Therefore, you may want to keep your jewelry intact.
The final hearing is
Yes.
Please see Notice,
paragraph 11. Also, see FAQ Nos. 12
and 13 above.
Determination of values, entitlement to funds, and explanations of store credit are to be distributed on or about November 15, 2009. This date could change depending upon the Court's schedule and any issues presented for resolution.
There is no way to determine this at
the present time. It will depend on
the number of claims filed. Determination
of values, entitlement to funds, and explanations of store credit are to be
distributed on or after June 1, 2009
(depending on final approval date).
As long as you purchased red or green
andesine-labradorite from Jewelry Television during the class period (March 1,
2004 through July 31, 2008), you are a class member.
If you purchased loose gemstones, you
will need to:
§
Submit a claim form and
proof of purchase.
§
You must elect one, but not
more than one, of the benefit options below.
§
You must return your
gemstones.
§
If total Option 1 claims do
not exceed $1 million: You will
receive a full cash refund.
§
If total Option 1 claims
exceed $1 million: You will receive
your share of a $1 million fund, divided on a pro rata basis, among all those
who submit claims, plus a store credit for 40% of the remainder of your purchase
price.
§
If total Option 2 claims do
not exceed $1 million: You
will receive a full cash refund.
§
If total Option 2 claims
exceed $1 million: You will receive your share of a $500,000 fund, divided on a
pro rata basis, among all those who submit Option 2 claims, plus your gemstones
will be returned to you.
§
Regardless of how many
claims are received, you will receive store credits for your full purchase
price. Your store credits can be
used to purchase any product sold by JTV.
§
Your store credits will be
distributed to you in 4 payments over the course of a year.
Your store credits may only be used to pay for 50% of the purchase price
of any new items you choose to purchase. Under
certain circumstances, the number of store payments can be extended.
If you purchased jewelry and other
products containing andesine-labradorite, you will need to:
§
You
keep your jewelry.
In
order to be eligible to receive:
A
cash refund of up to 20% of the purchase price.
The
actual amount will depend on how many claims are received.
No. The lawsuit is not about the value of A-L and the case did not address whether the stones are valuable or not. Instead, the lawsuit addressed the issue of whether JTV had a duty to disclose treatments, if any, to the stones. Whether or not your stone(s) have a certain value is not ascertainable by Class Counsel. In fact, JTV continues to sell A-L, and in doing so, has agreed to disclose known treatments to A-L. Therefore, if you are satisfied with your A-L and/or believe it has a certain value to you, you DO NOT have to make a claim under this settlement. Please make sure you carefully read the notice for additional information.
Remember, you have the right to do nothing in response to the settlement. If you are happy with your appraisal (or even if you are not), you can keep your stones. There is no requirement that you send in your stones.
The
andesine-labradorite stones that you own are beautiful natural gemstones that to
the best of JTV’s knowledge, have been color enhanced through a diffusion
treatment with copper. The treatment mimics nature to give the gemstones
their rich red and green colors. Treatment of gemstones is very normal to
bring out beautiful colors. Most gemstones sold in the market today are
treated in some manner. JTV continues to offer red and green andesine-labradorite
stones for sale on JTV and JTV.com. We believe they are very beautiful
stones, perfect for anyone’s collection, and very economical.
Gemstone
value is a function of supply and demand. We cannot predict the future
value of gemstones, but our research to date suggests that the fine crystalline
material that we sell is only mined in small areas in Northern China, Southern
Mongolia and Tibet, and that the mining and treatment process has a very low
yield. At this time, we do not expect to see major increases in the supply
of the high quality crystalline red and green andesine-labradorite. Though
it is color enhanced, it is still a natural gemstone mined from the earth.
Most of the world’s gemstones are treated in some manner.
Current
information indicates that the high quality crystalline material is only being
mined in three small areas of Northern China, Southern Mongolia, and
There is a
wealth of information on jtv.com/learninglibrary.