Sixteen Plaintiffs File Lawsuit Against Novi Pet Store

Lawsuit claims Petland Novi knowingly sold puppies with genetic issues, illnesses and disease from substandard breeders violating the Consumer Protection Act.  

PRESS RELEASE: March 9, 2018

CONTACT: Pam Sordyl, 734-828-1400 or 734-718-7100, pmamichinfo AT yahoo.com

NOVI, MICHIGAN – Sixteen plaintiffs who purchased companion animals from Petland, located in the Twelve Oaks Mall (27200 Novi Rd, Novi, MI), have filed a lawsuit seeking monetary damages for breach of contract and multiple violations of the Consumer Protection Act after purchasing puppies. The puppies suffered from a range of issues, including genetic defects, infections and some had highly contagious diseases, costing the plaintiffs thousands of dollars in veterinary care.

The lawsuit was filed on February 22, 2018 at the Oakland County Circuit Court and assigned to Judge Hala Jarbou. (Case Number 2018-163984-CZ)

In one particularly heart breaking case, one of the Plaintiffs purchased a puppy that brought the Parvo virus home and infected the family’s senior Labrador, Smokey, who had to be euthanized after contracting the virus. 

The complaint also alleges fraud, claiming the store and its owner knowingly sold animals with deformities and illnesses, as well as misrepresenting the origins of the animals.  In many cases, after investigating the documents provided by Petland upon purchase, the animals were found to have been bred in horrific conditions by commercial breeders who many allege are well known “puppy mill” owners.

Some Plaintiffs were asked to sign a non-disclosure agreement or “gag” document in exchange for reimbursement of veterinary costs and a refund of the purchase price of the puppy. Families 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.

The Plaintiffs are represented by attorney Jennifer Measel of Haas & Goldstein, P.C., a Farmington Hills based law firm which recently prevailed in similar pet store retail fraud cases in Mt. Clemens, Mich.

“The puppies sold at Petland Novi are unhealthy because they are over-bred in warehouse-sized kennels in unsanitary conditions without consideration of genetic quality,” says Measel. “This results in generations of dogs with unchecked hereditary defects. Mass production of puppies in unsanitary kennels harbor diseases and illnesses that travel with the puppy to the pet store and can be shared among other puppies from other puppy farms on the broker transport truck.”

The named defendants in the lawsuit are Petland Novi and owner/operator Randy Horowitz. Horowitz lost two recent court cases after DNA testing proved the store sold the wrong breed of dog to members of the general public.

Petland is the nation’s largest puppy retailer, with over 80 locations in the United States and only one store remaining in Michigan. Last year, the Animal Legal Defense Fund announced a nationwide racketeering class actionlawsuit against Petland. The lawsuit claims predatory business practices of charging premium prices for puppies “guaranteed” to be healthy – as certified by Petland’s veterinarians —when Petland knows it is selling puppies prone to illnesses and other defects, including “puppy-mill” sourced puppies.

Puppy Mill Awareness of Southeast Michigan launched a public education campaign against the Novi store in 2010. The group has continued to warn mall patrons and families of the risks involved in purchasing puppies from Petland through protests, petitions, outreach events, and social media. The group took their campaign to the Novi City Council and police department after collecting over 100 complaints - 24 in 2016 alone - and discovering Oakland County Animal Control was not logging or responding to complaints over a three year period in which records were requested. A list of concerns was presented to the city council and can be found on this blog:  

• Petland Novi has a history of working with irresponsible breeders. Enforcement Actions were filed against fourteen 14 of Petland Novi’s suppliers and others have serious violations to the Animal Welfare Act - 700 USDA photos and videos show these violations including injured and untreated animals.
• Petland Novi uses large commercial breeding facilities, some with over 500 adult dogs on site.
• Petland Novi imports 60-160 puppies per month from out-of-state breeders where families can not meet the parents.
• Petland Novi uses puppy brokers or “middlemen”, ensuring that customers will never meet the parents of the animals they purchase.
• Over 100 customer complaints have been logged related to Petland Novi. Complaints have been reported to local Animal Control, the Michigan Department of Agriculture and Rural Development, PetShopPuppies.org, Puppy Mill Awareness of Southeast Michigan, and the Better Business Bureau.
• Petland Novi has been the subject of local investigations including (WXYZ Detroit) The Investigators.

“It has been impossible to help families escalate their complaints when elected officials in Novi and appointees within the Oakland County Executives Office directed us to the Michigan Department of Agriculture which no longer regulates pet stores, “ stated Pam Sordyl, founder of Puppy Mill Awareness. “We asked repeatedly for a police detective to be assigned after more sick puppies were sold and highlighted in the news.”

Those wanting to add a pet to their household are encouraged to adopt from their local shelter or Michigan Certified foster-based animal rescues organizations- many of whom specialize in specific breeds- or thoroughly research and personally visit the breeder from whom they intend to purchase an animal.

To follow the progress of the Petland Novi case, click below

https://courtexplorer.oakgov.com/OaklandCounty

Puppy Mill Awareness of Southeast Michigan is a grassroots organization dedicated to ending commercial breeding "puppy mills" and protecting families from puppy peddlers, pet stores and bad breeders by lobbying for stronger laws, setting up information booths, completing research studies and launching pet store campaigns.

Learn more about Puppy Mill Awareness

https://www.meetup.com/puppymillawareness/

MEDIA COVERAGE

Petland sold sick,worm-infested puppies, lawsuit claims

Detroit Free Press Published March 19, 2018 

Novi Petland sued for allegedly selling diseased andsick puppies

The Oakland Press Published March 14, 2018 

Lawsuit says Novi Petland sells unhealthy puppies

Local 4 March 16, 2018

Couple says Novi Petland sold them sick dog that had to be put down

FOX 2 Detroit March 16, 2018

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Law Firm Seeks Permanent Injunction against Mt. Clemens Puppy Store

Plaintiffs will be attending hearing seeking a “cease and desist” order
from judge to prevent sale of sick animals
 

MEDIA ADVISORY:  Friday, August 21, 2015

CONTACT: Pam Sordyl, pmamichinfo@yahoo.com, 734-718-7100

MT. CLEMENS, MICHIGAN – Plaintiffs who purchased companion animals from Little Dogz, formally operating as Pollywood Pets located in the Gibraltar Trade Center, will be attending the first set of hearings August 24, 2015 at 10:00 a.m. at the Macomb County Circuit Court in Honorable Judge James Biernat, Sr. courtroom.

The plaintiff’s attorney Jenifer Measel of Haas & Goldstein, P.C., a Farmington Hills based law firm, is asking for a permanent injunction barring the store or its owners from selling animals.

Thirty-one plaintiffs are now included in the lawsuit filed in March 2015 seeking monetary damages for multiple violations of the Consumer Protection Act after purchasing puppies that were genetically defective, suffering from infections, and highly contagious diseases. 

Macomb County Circuit Court

40 N. Main St., Mt. Clemens, MI.

Case # 15-0702-CZ

4 Floor, Honorable Judge James Biernat, Sr.

Top Ten Reasons Why Petland Is Michigan's Worst Pet Store

 

 

Petland Novi has not only imported sick puppies from the “Puppy Mill Belt of America”, but the store has continuously brought unfavorable local and national media attention, including WXYZ’s The Investigators. Petland is the nation’s largest puppy retailer with over seventy (70) locations in the United States and only one store remaining in Michigan, located at Twelve Oaks Mall in Novi.

#1 Petland Novi’s breeders have shocking inspection reports, photos and videos showing injured and untreated animals 
 

Contrary to Petland’s “front-yard” breeder photos provided to the Novi City Council, Puppy Mill Awareness collected 700 USDA photos taken during kennel inspections. The photos don’t lie. This enormous photo collection from twenty-four (24) different breeders who have supplied puppies over the last five years clearly shows the store has no standards and uses no discretion when choosing suppliers. The photos show underweight, injured and untreated animals in housing facilities with no primary shelter or access to shelter, some without shade, wind or rain breaks, overcrowding conditions, excessive feces, surrounded by grime and filth. Watch videos here.

 

#2 Petland Novi uses mega-sized kennels, some with over 500 adult dogs 

 

The puppies sold at Petland Novi are often unhealthy because they are over-bred in mega-sized commercial kennels in unsanitary conditions without consideration of genetic quality. This results in generations of dogs with unchecked hereditary defects. Mass production of puppies in unsanitary kennels harbor diseases and illnesses that travel with the puppy to the pet store and can be shared among other puppies from other puppy farms on the broker transport truck. One supplier, Opal Featherston (Whiting KS) topped the charts with 773 adult dogs during a USDA inspection. Petland Novi has continued to work with large breeders over the last several years including:

°         La Nae and Justin Jackson (340 dogs)

°         Daniel Schlabach, Evergreen Designers LLC (298 dogs)

°         Philip M. Hoover LLC (295 dogs)

°         Mark Landers (275 dogs)

°         Freeman Raber (239 dogs)

°         Julie Snidow (214 dogs)

#3 Petland Novi ships 60-160 puppies per month from out-of-state commercial breeders where families can not meet the parents

Petland Novi is considered a high-volume “box” puppy retail store averaging 88 new puppies per month – this is no “mom and pop shop”! The store is part of our nation’s largest puppy-selling franchise with a corporate office in Ohio. Petland Novi shipped puppies from over 100 different out-of-state breeders over the last five years. Puppies are shipped from the Midwest “puppy mill belt” including Arkansas, Iowa, Kansas, Minnesota, Missouri, Ohio and Oklahoma where families can not easily check conditions or meet the parents. Petland Novi’s out-of-state breeders are not helping Michigan’s economy; in fact, they are hurting families who have to cover expensive and sometimes long-term veterinary care.  — Complaint Report

 

#4 Petland Novi has a history of working with bad breeders

 

The conditions of dogs housed at Petland Novi’s kennels have been consistently documented as appalling. Puppy Mill Awareness’ 2009-2010 Petland Supplier Study showed most of Petland Novi’s breeders (11 of the 16) had non-compliances to the Animal Welfare Act including excessive feces, no heat, performing surgeries, unattended bite wounds, excessive hair mats, low voltage fencing, minimum floor space, cats with backbone and ribs showing, dirty dogs, lack of bedding and shade, accumulated grime and lack of veterinary care. Petland Novi management has access to USDA inspection reports online prior to ordering puppies, yet the store continues to use breeders with violations including direct, indirect and repeat violations. Four of Petland Novi’s 2014 breeders had violations related to veterinary care and Petland Novi still purchased puppies from these breeders:

 

(1)   Julie Snidow (Missouri) Mar-13 a female Maltese has a left eye that is a light cloudy blue color with no visible pupil

(2)   La Donna Dailey (Missouri) Aug-14 one adult female French Bulldog displayed patchy area of hair loss over the shoulders and back and two smaller areas of open lesions on the face.

(3)   Michelle Houck (Kansas) Mar-13 a Chihuahua on wire flooring is in need of foot care.

(4)   Evergreen Designer (Ohio) Mar-2011 one dog was missing it’s left eye and the right eye had a 2-3 mm attached mass with a thick discharge.  Other observations included dog limping; a dog with a cloudy eye; dogs with diarrhea; a dog with runny nose and coughing; a dog with thick, hairless skin covering her tail and around her rear end and a walnut sized firm mass in her left rear mammary gland; a dog with scabs and ulcerations on his muzzle; a dog that was underweight. The licensee stated the underweight dog had weaned puppies about three weeks ago, but hasn’t gained much weight as she fights with other dog over food.

 

 

 

#5 Enforcement Actions were filed against fourteen (14) of Petland Novi’s suppliers

 

The USDA has filed Enforcement Actions against fourteen (14) of Petland Novi’s breeders within the last five years. The violations included failure to provide adequate veterinary care, outdoor housing facilities, health certification and identification, access to records and property, feeding, water, shelter from the elements, adequate primary enclosures, adequate cleaning and pest control. Petland Novi shipped puppies from six (6) of these kennels after Enforcement Actions were issued. One of these violator’s USDA license was revoked.

 

Enforcement Actions were filed against fourteen (14) of Petland Novi’s suppliers over the last five years:

(1)    Shauna Engelken (Kansas), agreed to a settlement 9-Aug-13 which required her to sell or transfer ownership of any dogs on the premises within 12 weeks. Engelken’s license was revoked. Engelken supplied Petland Novi 20 puppies during 2010-2011.

(2)    Kimberly Coleman/TLC’s Kennel (Missouri) was fined $8,250 by the USDA for violations of the Animal Welfare Act. 30-May-2010

The following Petland Novi suppliers received an Official Warning Letter.  

(3)     Angelia Kochs, MO 2-Jan-14

(4)     Linda Baker, OK 5-Nov-14

(5)     Mid-America, MO 5-Jun-13

(6)     Judy Raney, KS 26-Jun-13

(7)     Justin & La Nae Jackson, KS 29-Jul-13

(8)     Marla & Roger Campbell, KS 26-Sep-12

(9)     Phyllis Disque, IA 2-Feb-11

(10)   Mark Landers, MO 24-May-11

(11)   Daniel Schlabach, Evergreen Designer, OH 10-Jan-12

(12)   Orus Mast, OH 15-Dec-10

(13)   KimberlyColeman, MO 12-May-14

(14)   Lori Fedders, IA 19-Apr-11

(15)   Hallie Ade, KS 30-Nov-12
 

#6 Petland Novi breeders have been exposed by the Humane Society of the United States (HSUS) and The American Society for the Prevention of Cruelty to Animals (ASPCA)

 

Petland Novi breeders have been repeatedly exposed by the Humane Society of the United States (HSUS). Petland’s large breeder in Missouri - MAM Kennel, was featured in the HSUS’s 2008 eight-month investigation shown on Animal Planet. The kennel was cited for “no vet care for two years…, dogs without even the required minimum of cage space…and several rusted cages with sharp protruding wire. In 2013, four of Petland Novi’s breeders were listed on the HSUS’s “Horrible Hundred” Breeder List. — HSUS Petland Study

 

The American Society for the Prevention of Cruelty to Animals (ASPCA) bolstered its campaign against puppy mills by showing over 10,000 photos of sick puppies and harsh kennel conditions taken by the federal agency that licenses commercial breeders. The press release for this website included Rod and Lindsey Rebhan heartbreaking story after purchasing a puppy from Petland Novi.

  

#7 Petland Novi uses puppy brokers or “middlemen”

 

Petland Novi claims to know their breeders well through regular kennel visits; however the store primarily uses brokers who supply puppies from a collection of breeders. Petland Novi uses two brokers: Abe N. Miller/House of Pets/D M L Kennel/Quail Creek Kennel, (Fresno OH) and Patrick Fulton/Fulton Enterprises (Alden MN). Miller supplied 75% of the puppies during the 2014 holiday season - approximately 60 per month. USDA inspection reports showed Miller was not only working with unlicensed breeders, but as a breeder himself, he was also cited for non-compliances to the Animal Welfare Act in the regulated areas of housing, primary enclosures, cleaning, veterinary care, records, compatible grouping, feeding and identification.

 

Linda Baker/Okie Pets (Ketchum, OK) another 2014 broker, was cited for veterinary care in 2012, 2014 and 2015! Enforcement Actions were taken against Baker in 2014 for repeat violations related to veterinary care including English Bulldogs with swollen lesions between their paws, a Pekingese with issues in her eye and Poodles with dental issues.

 

#8 Over 100 complaints have been logged related to Petland Novi

 

Complaints have been reported to local Animal Control, the Michigan Department of Agriculture and Rural Development, PetShopPuppies.org, Puppy Mill Awareness of Southeast Michigan, and the Better Business Bureau. Many complaints are related to sick puppies sold. Some illnesses, such as Coccidia and Guardia, can be passed to humans. Luxating Patella issue is almost always seen in poor breeding, especially in toy breeds. PetShopPuppies.org revealed the following problems noted by customers who had purchased puppies from Petland Novi. — Petland Novi Complaint Log

o    Allergies

o    Severe vomiting & diarrhea

o    Bloody Diarrhea

o    Bowed Legs

o    Breathing problems

o    Cataracts

o    Coccidia

o    Congenital Megaesophagus

o    Crystals in urine

o    Cysts

o    Demodectic Mange

o    Diarrhea

o    Brain Tumor, died at age 5.

o    Ear infections due to allergies.

o    Ear Mites

o    Giardia

o    Heart Murmur

o    Hermivertebrae

o    Intestinal Parasites          

o    Kennel Cough

o    Kidney failure

o    Luxating Patella

o    Misaligned teeth

o    Probable Tracheal collapse

o    Regurgitation

o    Runny nose

o    Seizures

o    Severe underbite.

o    Sneezing

o    Stomach problems

o    Tooth resorption.

o    Treated for URI while in pet store

o    Underweight

o    Upper respiratory illness

o    URI

o    UTI

#9 Petland Novi has been the subject of local investigations including (WXYZ Detroit) The Investigators 

Not only has the Humane Society of The United States included Petland Novi’s breeders in their investigative reports, but locally, Petland Novi has been exposed on Channel 7 (WXYZ Detroit) twice for selling sick animals. In 2009, a couple purchased a bulldog that later died from pneumonia. One month later, The Investigators were called about more allegations of sick animals. Several attempts had been made to talk to the owners of both of the local Petland stores. They have refused to do an on-camera interview with The Investigators. In 2011, the Michigan Department of Agriculture found that Petland Novi was importing puppies without proper vaccinations and missing certificates (Work Orders 6901 and 7049).  — Rocky’s Story (WXYZ Detroit) and Laci’s Story (WXYZ Detroit)

#10 Petland Novi offers discounts for favorable online reviews.   

Petland Novi increased their favorable YELP reviews by 67% over last year by offering discounts to potential customers. The store claims these are real reviews, but some of these reviews are from shoppers that have not visited the store - Jessica Y. posted “Love them! Can’t wait to adopt a puppy!!! We are planning to go today. I hope this place is more promising than these reviews. I ‘loved’ them on yelp for $200 off.” This is considered unethical by YELP. Most of the favorable reviews were posted recently after the animal advocacy event, Human Chain Rally, was announced in 2014. Many unfavorable can be found online (11 total on Yelp).