- Report: #1002359
Report - Rebuttal - Arbitrate
Complaint Review: GovernmentAuction.com
GovernmentAuction.com20272 Valley Blvd Tehachapi, California United States of America
GovernmentAuction.com Gemological Laboratory of America Inc. Internet Auction Fraud Tehachapi, California
*Consumer Suggestion: why didnt you?
a claim to replace the item they would not pay because the items hold no value and is a fraudulent certificate. (These are NOT gems) As for the 30 day money back guarantee, it takes time to follow up on the value 30 day guarantee would not be long enough as I am disabled and have to travel any where to get any type of services from where I live. This is definitely a scam and Why would any gemologist put a value on a certificate like this when it is clearly junk. It is unethical and a ripoff.
Looking at the items I have purchase in a government auction this is what I thought I was bidding on, Exactly how it was presented. Clearly misrepresented.
Est. Value 8.3K - 13.8K 287.19CT Ruby & Sterling Silver Necklace, Jewelry and Gem - GLA estimated retail value 27,578.00
Est. Value 34.7K - 57.8K 1,724.45CT Oval Cut Emerald Gemstone, Jewelry and Gem - GLA estimated retail value 115,538.00
Electronic Code of Federal Regulations
23.0 Scope and application.(a) These guides apply to jewelry industry products, which include, but are not limited to, the following: gemstones and their laboratory-created and imitation substitutes; natural and cultured pearls and their
imitations; and metallic watch bands not permanently attached to watches. These guides also apply to articles, including optical frames, pens and pencils, flatware, and hollowware, fabricated from precious metals (gold, silver and platinum group metals), precious metal alloys, and their imitations. These guides also apply to all articles made from pewter. For the purposes of these guides, all articles covered by these guides are defined as industry products.(b) These guides apply
to persons, partnerships, or corporations, at every level of the trade (including but not limited to manufacturers, suppliers, and retailers) engaged in the business of offering for sale, selling, or distributing industry products.
Note to paragraph ( b ): To prevent consumer deception, persons, partnerships, or corporations in the business of appraising, identifying, or grading industry products should utilize the terminology and standards set forth in the guides. (c)
These guides apply to claims and representations about industry products included in labeling, advertising, promotional materials, and all other forms of marketing, whether asserted directly or by implication, through words, symbols, emblems, logos, illustrations, depictions, product brand names, or through any other means.(d) These guides set forth the Federal Trade Commission's current thinking about claims for jewelry and other articles made from precious metals and pewter. The guides help marketers and other industry members avoid making claims that are unfair or deceptive under Section 5 of the FTC Act, 15 U.S.C. 45. They do not confer any rights on any person and do not operate to bind the FTC or the public. The Commission, however, may take action under the FTC Act if a marketer or other industry member makes a claim inconsistent with the guides. In any such enforcement action, the Commission must prove that the challenged act or practice is
unfair or deceptive in violation of Section 5 of the FTC Act.(e) The guides consist of general principles, specific guidance on the use of particular claims for industry products, and examples. Claims may raise issues that are addressed by more than one example and in more than one section of the guides. The examples provide the Commission's views on how reasonable consumers likely interpret certain claims. Industry members may use an alternative approach if the approach
satisfies the requirements of Section 5 of the FTC Act. Whether a particular claim is deceptive will depend on the net impression of the advertisement, label, or other promotional material at issue. In addition, although many examples present specific claims and options for qualifying claims, the examples do not illustrate all permissible claims or qualifications under Section 5 of the FTC Act.
[61 FR 27212, May 30, 1996, as amended at 64 FR 33194, June 22, 1999; 75 FR 81453, Dec. 28, 2010]
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23.1 Deception (general).It is unfair or deceptive to misrepresent the type, kind, grade, quality, quantity, metallic content, size, weight, cut, color, character, treatment, substance, durability, serviceability, origin, price, value, preparation, production, manufacture, distribution, or any other material aspect of an industry product.
Note 1 to 23.1: If, in the sale or offering for sale of an industry product, any representation is made as to the grade assigned the product, the identity of the grading system used should be disclosed.
Note 2 to 23.1: To prevent deception, any qualifications or disclosures, such as those described in the guides, should be sufficiently clear and prominent. Clarity of language, relative type size and proximity to the claim being qualified, and an absence of contrary claims that could undercut effectiveness, will maximize the likelihood that the qualifications and
disclosures are appropriately clear and prominent.
23.25 Misuse of the word gem.(a) (a) It is unfair or deceptive to use the word gem to describe, identify,
or refer to a ruby, sapphire, emerald, topaz, or other industry product that does not possess the beauty, symmetry, rarity, and value necessary for qualification as a gem.
This report was posted on Ripoff Report on 01/23/2013 11:23 PM and is a permanent record located here: http://www.ripoffreport.com/r/GovernmentAuctioncom/Tehachapi-California-93561/GovernmentAuctioncom-Gemological-Laboratory-of-America-Inc-Internet-Auction-Fraud-Tehach-1002359. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.
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