Purchase a sick puppy?
Sold the wrong breed? Misled by financing options resulting in a high interest
rate loan or even “puppy rental” agreement?
I used to tell Michigan families they had little recourse without specific
Pet Warranty Laws in place, but over the last few years things have changed.
Ten years ago, big box stores would simply ignore families dealing with
excessive veterinary bills. Now stores are facing lawsuits with multiples
plaintiffs through a law firm out of Farmington Hills specializing in pet store retail fraud cases.
Puppy stores are not necessarily changing their business practices, instead
they are offering money to remove or avoid negative reviews and stay out of
court. Some buyers have been asked to sign a non-disclosure agreement or “gag”
document - another ugly practice associated with puppy stores.
Haas & Goldstein has
been representing families, on contingency, giving them a stronger voice
together with other plaintiffs. They successfully collected damages for over 30
plaintiffs in the Gibraltar Trade Center case and are currently representing 26 plaintiffs in the Petland Novi
cases.
Here is some general
advice for families who purchase a sick puppy from a pet store:
- Take the puppy to a
neutral veterinarian not associated with the pet store.
- Do not allow the puppy
to come into contact with other animals.
- Do not accept partial
refunds from the store until all treatments are complete.
- Do not accept another
puppy that may also be ill or have genetic issues.
- Do not sign a
non-disclosure agreement to receive reimbursements.
- See the list of options
below for obtaining refunds or reimbursements.
Whether the puppy is
showing signs of illness or not, buyers are encouraged to take the puppy to a
neutral veterinarian with no connection to the pet store for a full wellness
exam, including stool testing. Kennel cough is a common issue with pet store
puppies which can quickly turn into life threatening pneumonia and should be
treated quickly. Giardia is also commonly diagnosed in pet store puppies. It is
an intestinal parasite, which may be resistant to antibiotics taking months to
cure. Giardia is zoonotic and can transfer to humans, dogs, and cats. Wait
until the puppy is healthy to include all veterinary expenses. If buyers accept
partial refunds, they may loose their right to pursue legal action later.
Does your puppy look
like a different breed or a mix breed and is suppose to be a purebred?
1. Obtain a DNA test.
2. Ask the puppy store for
a full refund of the purchase price. See the list of options below for
obtaining refunds.
3. File appropriate
complaints.
It is not uncommon for
puppy buyers to take pet stores to small claims court and win with DNA testing. Two puppy buyers won their case in small
claims using DNA testing to prove Petland Novi sold them the wrong
breed. These cases can be found online (Case #14-C08388 and Case #16-C01572).
One buyer used Wisdom Panel for her DNA testing.
Families have four
options for obtaining refunds, reimbursements or for settling other disputes
with puppy stores.
1. Work directly with the
pet store or financing company.
2. Use a mediator such as
the Better Business Bureau.
3. File a civil complaint
in small claims court.
4. Find an attorney and
file a general civil complaint.
Option #1
Work directly
with the pet store or financing company.
Most disputes can be
handled directly through the pet store or financing company, however, if puppy
buyers choose this option, unfortunately, the store will continue to sell sick
puppies to the next family. My organization encourages families to speak with
the Haas & Goldstein law firm for advice. They may discover a pattern of
behavior that could help end the misleading practices.
Buyers should be well
prepared before dealing with the store themselves. One would believe that pet
stores would worry about their reputation or potential referrals; instead they
have been working harder to mislead and move on.
If the store can not
afford the extra veterinary expenses, they will simply offer families another
puppy and hope to resell the returned one. This option is not the best for the
puppy and there is no guarantee the replacement puppy will be free of illnesses
or illnesses or genetic issues.
Buyers should be able to
obtain a full refund or reimbursements without returning the puppy or signing a
non-disclosure agreement or “gag” document.
Some Petland Novi
customers were asked to sign a non-disclosure agreement in exchange for
reimbursements or refunds. They were asked not to hold Petland, Twelve Oaks
Mall, Northlake Pets Inc., VCA Animal Hospitals, or any of their subsidiaries or affiliates responsible, nor could
they post anything negative on the internet, go to the media, or do anything
defamatory against Petland Novi to obtain reimbursements or refunds.
Again, if the store is
pushing a non disclosure agreement, it maybe time to contact Haas &
Goldstein.
Posting a negative online
review does not always guarantee the store will respond, however, online
reviews will help warn other families looking to bring a pet into their home.
Buyers who were misled
about the financing language because the store employee did not understand them
or wanted to make the sale by glossing over them, can contact the lending or
leasing company directly. Some lenders offer a money-back guarantee for the
first 30 days. After that, they may try to satisfy customers who complain.
Buyers should obtain a copy of their leasing terms and new copies if changes
are made. The contract signed in the store may not match the copy provided
after the sale.
If this option works, do
not forget to file appropriate complaints to help prevent the store from
misleading the next buyer.
Option #2
Use a
mediator such as the Better Business Bureau.
Option #3
File a civil
complaint in small claims court.
Buyers who are unable to
come to an agreement with the pet store directly or through mediation, small
claims court is also an option. Again, this will not stop the store from
selling more sick puppies. Before navigating small claims call Haas &
Goldstein (248-702-6550) for legal advice and guidance on filing the
appropriate complaints.
The average cost to file a
small claim ranges from $30 - $70 and no attorney is required. Damages over
$6,000 are not considered a small claim.
Option #4
Find an
attorney and file a general civil complaint.
Haas & Goldstein (Farming Hills, MI) specializes in pet store retail fraud. Families
with large or small claims can contact Jennifer Measel at 248-702-6550
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