(Closed) Brilliant Earth Class Action Lawsuit

posted 4 years ago in Rings
  • poll: If you had a Brilliant Earth diamond would you sign up for the class action lawsuit?

    Yes

    No

    Maybe after more information comes out

  • Post # 31
    Member
    9384 posts
    Buzzing Beekeeper
    • Wedding: July 2016

    View original reply
    eagleandimgone :  yep, that’s why I’m still keeping an eye on it.

    In either court case–either the one against the youtuber or the class action one against them, they’ll need to show how they can claim their diamonds are ethically sourced.  I understand that they may not be able to show everyone that information, trade secrets and all (I’m no business major, but I get that most companies like to keep the precise details of their operations off of their main website) but they’ll need to show the judge and/or jury and I’ll have to trust the judgement of those who know all the facts.

    I should also mention the only stuff I’ve heard about this is what has been posted on the bee.  I assume that if/when a court decision is made regarding defamation and/or class action it’ll be posted here and/or DH will be contacted as a BE customer, so I honestly don’t go searching out the info. 

    Post # 32
    Member
    87 posts
    Worker bee
    • Wedding: July 2017

    In the beginning Brilliant Earth only sold certified Canadian diamonds, ones that came with a Canadian diamond certification like Canada Mark.  But a few years ago that changed, and then they started selling many of the same diamonds that other companies that BlueNile and others sell.  But Brilliant Earth made an additional claim: they know the source (i.e. Canada) whereas BlueNile and others made no such claim.  Brilliant Earth doesn’t disclose how they know, they just do, and they charge a premium over their competition. 

    This guy called BE out, and is being sued for defamation.  BE could have laid this all to rest by simply disclosing the chain of custody they claim on their website that they have.  But instead they respond with an ominous defamation lawsuit and personally attack the guy in a vicious way (saying he is involved in gambling, prostitution and drug trafficking). 

    I found this article about the audit process. 

    http://www.jckonline.com/editorial-article/brilliant-earth-responds-to-doubts-about-sourcing/

    Long story short: BE relies on their diamond dealers to ensure the sourcing is from Canada. In order to pass the audit, they needed to show they have a system for buying diamonds from these countries, and that they had to show receipts to the auditor showing sourcing for a sample of diamonds (not all, just some). 

    That being said, they just started this last November, and only some of their sources have passed.  Its not done on site, its not a surprise audit, and the auditor requests paperwork that the dealer provides.  In other words, from an audit point of view, its very weak.  Again it relies completely on the word of their suppliers, and their ability to provide (or create) receipts.  The diamond dealers in NY are notourious for saying anything to make a sale.  And as was demonstrated on the video, the dealers own employees had no idea. 

     

     

    Post # 33
    Member
    3 posts
    Wannabee

    Hi everyone,

    Catherine from Brilliant Earth here. We’re doing our best to reach out to customers that have heard the false claims from this video campaign. The claims in the videos are false, and we encourage you to read our response here: https://www.brilliantearth.com/news/statement-on-sourcing/. Despite our best efforts to share the truth with the video creator, he has continued to spread false information about Brilliant Earth and we were left with no alternative but to take legal action to set the record straight.

    In his latest video, the creator ignores the fact that our lawsuit seeks to refute the claims that he originally made, and instead falsely claims that we are merely attacking him. While the suit acknowledges his background and possible motives, our 16 page complaint focuses on directly refuting the false statements he made in his earlier videos.  

    Brilliant Earth stands 100% behind its program to track diamond origins. We do this through rigorous sourcing and chain of custody protocols, including voluntarily engaging an outside independent auditor. SCS began the audit process in 2015. Their audit verified our protocols, which you can read about more in-depth here: https://www.brilliantearth.com/traceable-diamond-origins/. SCS clients include companies, NGOs, government agencies, and institutions and associations, and its third-party status is corroborated through multiple national and international accreditations. SCS, a recognized neutral third party auditor and verification body with a 33-year track record of proven performance, is financially independent from their clients, they have no financial backing from any institution with an interest in representing their clients or their products, and their fees are unrelated to their audit findings.

    In this latest video Jacob misleadingly says “I’m being told that there is a class action lawsuit in the making and I’m glad to help out”.  In fact, Jacob and his lawyer are the ones behind this purported lawsuit, and the domain name is owned by his lawyer. This appears to be another effort to spread false information, generate attention regardless of the truth, and drive traffic to his own jewelry business. 

    We’re committed to defending our mission and stopping the spread of misinformation. If you purchased a Brilliant Earth diamond or are considering a purchase, we hope that you will reach out to our jewelry specialists or email us at [email protected] so that we can provide you with more information.  

    Post # 34
    Member
    9071 posts
    Buzzing Beekeeper
    • Wedding: December 2012

    “and we were left with no alternative but to take legal action to set the record straight.”

     

    And smearing a guy with made up claims. 10/10, would believe again.

    Post # 35
    Member
    3350 posts
    Sugar bee
    • Wedding: June 2017

    View original reply
    eagleandimgone :  my ering is from BE (not a diamond, but a mined sapphire), and after dealing with them myself, NONE of this suprises me. their customer service approach is TERRIBLE – sure, they’re really great until there’s something wrong – and then they’ll hold your ring hostage until you sign a legal settlement and NDA to shut you up from telling anyone about it (yes, they did this to me). i LOVE my ring and it’s gorgeous – but i can’t recommend them to anyone. they really are a terrible company who does everything in their power to make sure not a bad drop of PR gets leaked.

    Post # 38
    Member
    1610 posts
    Bumble bee
    • Wedding: August 2012

    View original reply
    Brilliant Earth :  You haven’t actually addressed key points raised here, you’re only repeating that the claims are “false”. Just saying something is false doesn’t make it so. Why can’t you directly address such concerns as the following:

    “After…speaking with Brilliant Earth’s Indian suppliers, not one could affirm the specific stones we had requested were Canadian. Most told us they had no Canadian stones in stock, or didn’t deal in Canadian stones at all.”?

    Or what about the exact same lose diamonds which you list as Canadian showing up for sale on other sites (like Blue Nile) as *non*Canadian stones?

    And why aren’t you a member of The Canadian Diamond Code of Conduct, the regulatory body for Canadian diamond mines??

    If you focused more on a clear & straightforward response to these supposedly false claims, rather than continuing a smear campaign against that YouTuber, I would have a lot more faith in the integrity of your company.

    View original reply
    eagleandimgone :  Thank you for raising this on the Bee. I’m genuinely sad to learn about it because I have directed quite a few people to BE to buy Canadian diamonds over the years — how devastating it must be for their customers! I will certainly be telling my friends about this for future diamond purchases.

    Post # 39
    Member
    3350 posts
    Sugar bee
    • Wedding: June 2017

    View original reply
    eagleandimgone :  i’ve already had it out with BE, and they KNOW that they force people to sign legal settlements with NDAs (and, i should mention, this was all over a *very small – think less than $100 – charge). there’s no point in me tagging the BE rep here – for all i know, they’ll try suing me next for even mentioning the situation (which is why i’m specifically not being more detailed)

    Post # 41
    Member
    87 posts
    Worker bee
    • Wedding: July 2017

    Brilliant Earth :  You guys can put this whole issue to bed by simply by making public the entire chain of custody of the diamonds Jacob Worth showed in the video.  It would show that he was seriously mistaken and that the stones are completely trackable from their origin as you claim on the website

    https://www.brilliantearth.com/traceable-diamond-origins/

    If BE made it public, Mr Worth would have no choice but to retract the video.  It would be open and shut.  However BE hasn’t done this.  Its very, very telling.  Instead the BE response has been: provide a letter from your diamond dealer that basically said: ‘it came from Canada because I said so’ and he signed it.  And a “certification” from a 3rd party company who nobody has heard of.  Then BE brings forth a lawsuit, accusing Mr Worth of being involved in online gambling, drug trafficking and prostution.  But yet, still no proof that the diamonds in the video come from their origin claimed.  Why?

    Its clear that BE has set up a system where they rely completely on their diamond dealers to ensure they come from the sources claimed.  BE isn’t providing the proof to put this issue to rest because BE can’t.  The only proof is this “audit” that they paid for.  And even the audit is highly questionable and of low value given the way its done, the fact that only some of the BE diamond supplier have done it, and that its not transparent at all (is it rigourous or a walk in the park, nobody knows . . .)

    Maybe some of the diamond dealers are getting some of their diamonds from Canada.  How is BE making sure that every. single. one. comes from the countries it claims?  Answer: it doesn’t appear that it can.  But it sure is charging its customers a healthy premium for that “peace of mind”.  It doesn’t make BE diamonds “Beyond Conflict Free” when you can’t even prove they are conflict free.

    Post # 43
    Member
    62 posts
    Worker bee

     

    View original reply
    catskillsinjune :  BE made you sign an NDA when they settled your compaint?  Just based on that alone, I will NEVER buy anything from BE.  That is ridiculous!

    Post # 44
    Member
    3350 posts
    Sugar bee
    • Wedding: June 2017

    View original reply
    harperflynn :  YUP. And that’s apparently totally SOP for them. They do a really good job ensuring any with anything negative to say about the company is shut up. 

    Post # 45
    Member
    657 posts
    Busy bee

    I bought a lab diamond from BE because I never trusted the “conflict free” claims. Not because I think BE is shady or anything but because of the nature of the business. 

    There’s not much tracking that is done with rough diamonds so rough diamond dealers can lie and there’s little you can do about it. And if the dealer moved a ton of diamonds a year, how easy would it be to mix up some visually identical conflict diamonds with non-conflict ones? As such, even if BE wanted to provide proof that the diamonds were conflict free, I doubt they could. And if they did do their research after the expose and found information they didn’t like, would they share? 

    If I found out my diamond was mined (conflict free or not) I’d be upset. I wouldn’t get into the class action lawsuit though even though BE lab diamonds are more expensive than can be found elsewhere. I’d consider it paying more for a brand that I discovered to be untrustworthy. Like buying a prestigious supercar to find out that they are very unreliable. 

    The topic ‘Brilliant Earth Class Action Lawsuit’ is closed to new replies.

    Find Amazing Vendors