So, what sort of recourse would one have if one purchased gemstones
that were treated and the treating wasn't disclosed?
This is where it may get a bit tricky. Many commercial gemstones are
so routinely treated that non-disclosure is actually the norm.
Entry-level gemologists are taught to assume that certain species and
varieties of gemstones are enhanced in some way until proven
otherwise because they are so routinely enhanced. For example, the
most part of commercial corundum looks awful until packed in a
crucible with a mixture of borax and other ingredients and heated
until the color and/or clarity improves. Very little emerald arrives
at a lapidary without being oiled first, either by the miners or the
dealers. Blue topaz is also nearly always enhanced before reaching
the cutter. The answer to your question hinges somewhat on which
gemstones a person has bought.
If a person purchases a fairly expensive lot from a dealer who
claims that the stones are natural and not enhanced, that person
would be well served to get that in writing, which could give you
recourse to sue for a refund. If the dealer won’t put it in writing,
chances are the stones are treated anyway. If the lot is inexpensive,
pursuing the matter won’t be worth paying a lawyer. But I’ve never
done business with a dealer yet who hasn’t refunded my money on
request once I’ve proven their goods were treated or unacceptable in
some way. Maybe I’ve been lucky, but that’s how it’s been for me. I
once went to a show without my “portable gem ID kit” and purchased a
very nice-looking star sapphire that almost seemed too good to be
true. Turned out it was. With a loupe, it looked fine - but under 64X
magnification, I could see the rutile didn’t penetrate enough below
the surface for it to be natural. Also, the color of the stone in
transmitted light had that greenish tint that also indicates
enhancement in that type of stone. When I called the dealer and told
him my findings, he apologized profusely, admitted he didn’t have the
gemological skills to tell the difference and credited my charge card
immediately. Other dealers (including eBay sellers) have acted
similarly.
Either way, if a person gets stuck with a non-disclosure situation
that the dealer refuses to resolve, they can and should lodge a
complaint with the FTC. The FTC may or may not act on it, depending
on the seriousness of the complaint, the amount of money involved and
whether the complaint has been lodged before. Even if they don’t act
on your specific complaint, they eventually will after enough people
have complained.
Your best course of action is to make a study of gemology as soon as
time and money allows. I always recommend it, and people always post
that they can’t afford it, don’t have the time, etc. I honestly don’t
know what other course of action to recommend. As I’ve posted so many
times before, there is no gemstone police walking around out there -
we’re all on our own, so we all have to educate ourselves and
complain to the authorities when appropriate. But I will add
something more this time: A couple of the people who don’t get the
fact that amethyst is NOT green have mentioned taking the GIA classes
online. Once they have done so, they WILL understand why. It bums me
out that I haven’t been able to explain it well enough.
One more thing; nobody says that we all have to complete a
comprehensive G.G. course, there are plenty of affordable, albeit
less comprehensive, practical gemology courses out there. Some are
as low as $200 - $500 and can help people make much better decisions
about gemstone purchases. People in this industry don’t HAVE to spend
thousands on a gemology diploma. But man, will they ever wail when
they get ripped off on a parcel of stones that turns out to be
garbage.
James S. Duncan, G.G.
James in SoFL
– “bright cut” in this context
i have