tiffanys | 23 September, 2009 05:55
Attorney General Gary King's Consumer Protection Division has entered into a Consent Decree with Yousef Nassar, of Santa Fe, d/b/a, Santa Fe Indian Jewelry, that prohibits the business from misrepresenting the status of any Native American merchandise and requires it to comply with the Indian Arts and Crafts Sales Act, which sets forth and defines what may be represented as "authentic Indian Arts and Crafts."
This is the second case against Santa Fe Indian jewelry retail stores in recent weeks that has Tiffany jewellery been settled on similar terms. On July 29, 2009, Judge Sheri Raphaelson signed a Consent Decree agreed to by the Attorney General and Golden Bear Trading, which has since closed for business.
In an investigation conducted in cooperation with the Indian Arts and Crafts Board of the U.S. Department of the Interior, the Attorney General's Complaint alleged that in two undercover operations Santa Fe Indian Jewelry misrepresented jewelry as having been made by noted Native American artist Calvin Begay. The Complaint was filed September 2, 2008. The AG and IACB have been working together for the past three years to attempt to control the fraudulent practices that plague the Indian art industry.
Under the terms of the Consent Decree Santa Fe Indian rings Jewelry will be required to comply with the New Mexico Indian Arts and Crafts Sales Act, which prohibits sellers from representing that arts and crafts are authentic, or are "Indian handmade" or Indian crafted when that is not true. Mr. Nassar must also comply with the AG's regulation outlining "Comparative Price Advertisements and Savings Claims" for the Native American Jewelry, and Arts and Crafts retail industry. The Decree's terms are enforceable through a contempt of court action.
The Consent Decree also provides for restitution to members of the public who may have purchased fake "Calvin Begay" pieces from Santa Fe Indian Jewelry. Consumers must provide their invoice or receipt, together with the actual piece purchased, to the Office of the Attorney General, Consumer Protection Division,bracelets Jewelry Restitution Program, P.O. Drawer 1508, Santa Fe, N.M. 87504. The jewelry will be examined by Mr. Begay for a determination of its authenticity. If it is determined not to be authentic, the consumer will receive a refund of the purchase price. If the jewelry is determined to be authentic, it will be returned to the consumer. Complaint forms can be found on the AG's Web site at http://www.nmag.gov/office/Divisions/CP/complaint. Information is available at 505-827-6360.
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