Predatory pet leasing schemes in Michigan

In 2017, The American Society for the Prevention of Cruelty to Animals (ASPCA) issued consumer alerts through the Better Business Bureau and media outlets warning families about predatory financing practices, including “pet leasing” where the puppies are held as collateral. 

Financing options allow puppy stores to sell puppies to families who otherwise are not able to pay the full price. Depending on your credit history, you might end up "renting" your puppy.

Check the fine print!

When puppy buyers sign a lease agreement, the leasing company buys the puppy from the puppy store and retains ownership of the puppy until the customer makes all the monthly payments.

Puppy buyers can be easily misled by the financing language because the store employees do not understand the loan terms or simply desire to make the sale by glossing over them.  

The Family Puppy (Novi, MI) September 27, 2011
Photo Credit, Puppy Mill Awareness SE Michigan. 

Two Michigan pet stores offer pet leasing: The Barking Boutique (Grandville) and The Family Puppy (Flint, Troy, Novi), resulting in complaints filed with the BBB. 

Both stores advertised “My Pet Funding” last year as a financing option on their websites. 
The ad’s fine print read as follows: 

“AFTER MAKING YOUR REGULAR MONTHLY PAYMENTS AND A SEPARATE RESIDUAL PAYMENT AT THE END OF THE LEASE OWNERSHIP WILL TRANSFER TO THE BUYER”.

Now both The Barking Boutique and The Family Puppy stores advertise "Credova" on their websites. According to Credova's wesite, they are not actual lenders. The bottom of their website states:

"Credova provides a software platform for retailers to access third-party providers for lease-to-own financing and other lending products based on a consumer’s credit profile."

The Barking Boutique and Petland (Novi) puppy stores also offer high interest rate loans through Lending USA. 

According to a recent USA Today article “Pet leasing has been drawing scrutiny from lawmakers and animal welfare groups since media reports highlighted consumer complaints against Reno, Nevada-based Wags Lending, which pioneered the practice. Nevada and California have now outlawed pet leasing, and New York lawmakers are proposing legislation prohibiting lease contracts "where dogs or cats are used as collateral." 

In January, Florida joined the list of states with plans to ban predatory pet lending. The bill would require contracts to be voided if the pet could be used as collateral to ensure payments of the contract.

Even the American Kennel Club, a longtime supporter of the commercial dog breeding industry, opposes pet leasing:

“AKC supports a ban on predatory pet leasing schemes that victimize potential owners, undermine a lifetime commitment to a pet, and do not confer the rights and responsibilities associated with legal ownership of a pet.”

Bloomberg’s March 1, 2017 article “I am renting a dog” includes the most thorough coverage of this new tactic to help peddle puppies.

Related blog: Warning Puppy Loans and "Rental" Agreements

Families file lawsuit against Grandville puppy store, state investigates

Lawsuit claims The Barking Boutique knowingly sold puppies with illnesses violating the Consumer Protection Act

PRESS RELEASE: February 18, 2019 

CONTACT: Pam Sordyl, 734-718-7100, pamsordyl@gmail.com

GRANDVILLE, MICHIGAN – Four families who purchased companion animals from The Barking Boutique (2939 Wilson Ave SW Suite 104, Grandville, MI), have filed a lawsuit seeking monetary damages for fraud, breach of contract and multiple violations of the Consumer Protection Act after purchasing puppies. The Michigan Department of Agriculture and Rural Development has been investigating since November.

The lawsuit was filed on February 06, 2019 at the Kent County Circuit Court and assigned to Honorable Judge Paul J. Denenfeld. (Case Number 2019-01106-CZ)

The puppies that were purchased between May and October 2018 suffered from a range of issues, including giardia, kennel cough, pneumonia, and hypoglycemia - costing the plaintiffs thousands of dollars in veterinary care. The complaint also claims that DNA tests indicate that two of the puppies were not purebreds, as advertised, and one was not a “toy” poodle.

In one particularly heart-breaking case, a Grandville family purchased a Yorkshire Terrier puppy diagnosed with pneumonia, a virus, and hypoglycemia within two days of purchase, requiring 24 hours emergency care for four days. Link to the Mead’s experience.

The Plaintiffs are represented by attorney Eugenie B. Eardley of Eardley Law, a Rockford based law firm.

The named defendants in the lawsuit are The Barking Boutique LLC and owner/operator David Boelkes.

The law firm is asking the court for an injunction forbidding the defendants from selling animals during the pendency of the lawsuit.

State Investigations

The Barking Boutique is currently under a third investigation by the Michigan Department of Agriculture and Rural Development according to a recent records request response letter obtained by Puppy Mill Awareness of SE Michigan.  

“The investigation records you describe were compiled as part of a law enforcement investigation and disclosure of these records, while the matter is under investigation, would result in a chilling effect on the Department’s ability to undertake an unhindered and thorough investigation.”

This is the third investigation by the state of the store’s operations. The 2017 canine importation investigations resulted in an official warning letter being sent to The Barking Boutique. The department found that the store had failed to acquire veterinary certificates certifying that the puppies were properly vaccinated.

Puppy Mill Awareness of SE Michigan recommends families adopt their next pet from their local shelter or Michigan Certified foster-based animal rescue organization - many of whom specialize in specific breeds.

Learn more about Puppy Mill Awareness.

#

Michigan only has 15 puppy selling stores left!

Michigan only has 15 puppy selling stores left!

(view interactive map)

1. Pet Station, Jackson
2. The Family Puppy (Genesee Valley Mall), Flint
3. The Barking Boutique, Grandville
4. Downtown Hound Pet Center Monroe
5. Woof Woof Puppies & Pet Boutique, Southfield
6. The Family Puppy (Twelve Oaks Mall), Novi
7. Teacups & Toys A Pet Boutique, Birmingham
8. Petland, Novi (Lawsuits against Petland Novi)
9. The Family Puppy (Oakland Mall), Troy, MI
10. V.I. Pets, Holland
11. VI Pets, Cutterville
12. Betty's Pet & Garden, Houghton Lake
13. Pretty Pooch, Saginaw
14. Pet City Pets, Ypsilanti
15. Westland Dog Food Supply 

Puppy stores are a thing of the past and are no longer welcome in Michigan. The few stores that remain are facing online Google review wars, lawsuits, protests and even criminal charges (i.e. Shaggy Dog, Shelby). Puppy store owners are now settling veterinary costs with unhappy customers to avoid court, while only eight years ago they were ignoring families with issues.

And the industry is responding. Just this spring a total of 18 Michigan pet stores hired lobbyists in Lansing in an attempt to prevent us from passing local retail bans ("The Petland Bills"). Currently, their bill sponsored by Rep. Vaupel does not have enough house votes to pass. We will be keeping a close on eye on HB5917 during the lame duck session in November.

Michigan is headed in the right direction…

• We only have four “box” stores remaining: Petland Novi, The Family Puppy Novi, Troy and Flint. These are high volume stores that ship puppies in weekly.

• Only one store has opened in the last eight years and is still open. The Barking Boutique (Grandville) finally opened in 2017 after two failed attempts and they are still facing sustained weekly protests.

• A whooping 47 puppy selling stores and groomers have closed or are no longer selling puppies in the last 10 years.

The most recent stores to end puppy sales or close include….

1. Shaggy Dog, Shelby Township, MI - shut down after Macomb County Animal Control discovered the puppies in the store did not have 30-health certificates.

2. Critter Pet Shop, Allen Park, MI Critter - stated they stopped selling puppies when the economy was bad, but their website showed puppies for sale in 2016.

3. House of Pets, Garden City, MI - stated they recently stopped selling puppies about 6 months ago after a roundworm outbreak. The puppies were coming from Utah! They are moving to a new location and have lined up two rescues to showcase puppies instead.

4. Pet City Pets, Wyandotte, MI -This location was sold to a woman that was supposed to have opened Doggie Dog World, but something fell through and the number is disconnected. The Ypsilanti location is still selling puppies and the owner was at the Capital in Lansing trying to prevent us from passing local retail ordinances.

Learn more about the long list of deceptive and misleading practices on our blog.

Did you purchase a sick puppy? Four options our listed on our blog.

Learn how to file a complaint against a pet store and their veterinarian on our blog.

Learn how to pass a retail ordinance in your hometown. 

How to file a complaint against a pet store and their veterinarian

Families who have purchased a sick pet from a pet store or breeder in Michigan should notify the authorities and licensing agencies.

⍅       If there appears to be cruelty or neglect at the pet store, contact the local animal control agency, humane society, or animal shelter and request that they inspect the facility.

·        You can find your Animal Control in the phone book, or look them up at Pets 911. If none of these exist in the area, call the police, sheriff, or health department.

·        Local law enforcement has authority over the Michigan Penal Code (1931, PA 328, as amended) and can enforce the requirements of the penal code (e.g. failure to provide adequate care - such as provide veterinary care, sanitary condition, exercise, shelter, food, water, etc) against pet stores.

·        Local law enforcement, in the opinion of MDARD, can follow-up on possible violations against the Pet Shop Law. Penalties for violations against the Pet Shop Law (1969, PA 287, as amended) are a misdemeanor, charges which have to go through the local prosecutor. 

⍅       Notify the police department outlining all suspected illegal activities.

⍅      Notify the Michigan Attorney Generals Office (Consumer Protection Division).

⍅       Notify the Michigan Board of Veterinary Medicine and file a compliant with the Bureau of Professional Licensing. “A Citizen’s Guide to Filing a Complaint Against a Licensed Occupational Professional.” 

Related Blogs:
A long list of unfair and deceptive acts

Warning puppy loans and rental agreements

Options for families who a purchase sick pets

Warning Puppy Loans and Rental Agreements

Puppy Mill Awareness of SE Michigan warns families about high interest puppy loans and even puppy “rental agreements”.

Puppy shoppers can be easily misled by the financing language because the store employee did not understand the loan terms or wanted to make the sale by glossing over them.

The puppy loans include attractive low monthly payments, yet payments are spread over years making the interest portion seem minimal. Even worse, puppy buyers may end up signing a lease and learn later the lender is holding the puppy as collateral!

Stores to watch out for

The Barking Boutique (Grandville) and Petland (Novi) puppy stores offer high interest rate loans through Lending USA.

Caitlin Cooprider, a Wyoming resident, paid $3,900 in July for a Mini Aussie puppy at The Barking Boutique financing most of the purchase price through Lending USA. She was only provided high interest rate loan options by the pet store sales employee. She was told there was a 0% interest for 6 month option, but she would have to contact the lender directly at a later time to change the terms. Caitlin was not provided a copy of her financing contract when leaving with the puppy. The financing was all handled online in the store and there was no email confirmation.

It is unclear why Caitlin was not offered the 0% option while at the store. The option was listed on the loan document that she initialed in the store, yet she was not able to set up a 0% interested loan in the store. If Caitlin is not able to change the financing terms to 0% interest, she will pay $1,637 in interest, bringing the total cost of the puppy to $4,606!”

“Puppy Rental” agreements or leases

The American Society for the Prevention of Cruelty to Animals (ASPCA) consumer alerts have cascaded across the country through the Better Business Bureau and media outlets. They claim it is a predatory practice for pushing expensive puppies on people who cannot afford them and do not always understand they are essentially renting an animal for months — and paying far more than they might have realized.

The Barking Boutique (Grandville) and The Family Puppy (Flint, Troy, Novi, Toledo) both include a link to the “My Pet Funding” website.

The financing option ad states in small print and in all caps:

“AFTER MAKING YOUR REGULAR MONTHLY PAYMENTS AND A SEPARATE RESIDUAL PAYMENT AT THE END OF THE LEASE OWNERSHIP WILL TRANSFER TO THE BUYER”.  

According to a recent USAToday article “Pet leasing has been drawing scrutiny from lawmakers and animal welfare groups since media reports last year highlighted consumer complaints against Reno, Nevada-based Wags Lending, which pioneered the practice. Nevada and California have now outlawed pet leasing, and New York lawmakers are proposing legislation prohibiting lease contracts "where dogs or cats are used as collateral."

Learn more about puppy leases “I am renting a dog”

Related Blogs:
A long list of unfair anddeceptive acts

Options for families whopurchase sick pets

How to file a complaintagainst a pet store and their veterinarian

A long list of unfair and deceptive acts

(Detroit, MI) Puppy Mill Awareness of SE Michigan warns families about the long list of unfair and deceptive practices found at puppy stores and offers guidance on how to obtain refunds, file complaints and outlaw puppy mill dogs in their community.

The organization warns Michigan is a buyer beware state. "Pet stores are no longer licensed or regulated by the state and local law enforcement agencies are not regularly inspecting stores or enforcing the Pet Shop Laws” said Pam Sordyl, Founder of Puppy Mill Awareness. 

In June, The Humane Society of the United States petitioned the Federal Trade Commission to create a Trade Regulation Rule that would define the following acts as unfair or deceptive:

·        Advertising as, or as Only Doing Business with, Breeders who are “Reputable,” “Responsible,” or Other Like Terms;

·        Claiming to Be, or Only to Do Business with, “Licensed,” “Certified,” or “Inspected” Breeders;

·        Selling Puppies who are Unfit for Sale;

·        Labeling Puppies as Vet-Checked, Healthy, Health-Guaranteed or Health-Certified, and/or Falsifying or Misrepresenting Veterinary Records;

·        Offering a Deceptive Health Guarantee;

·        Advertising Puppies for Sale as Pedigree “Registerable,” “Registered,” or from Registered Parents;

·        Representing the Breeder as “Local” without Identifying the Verified Locality;

·        Failing to Disclose Material Facts about the Breeder or Puppy;

·        Misrepresenting the Traits of the Puppy for Sale;

·        Offering Misleading or Predatory Finance Options;

·        Utilizing Misleading Testimonials, Rating Systems, or Endorsements;

·        Describing the Transaction as an Adoption rather than a Sale;

·        Advertising Certain Breeds of Puppies as “Hypoallergenic”;

·        Advertising Certain Breeds of Puppies as “Micro” or “Teacup;”

·        Failing to Deliver the Puppy Purchased.

Petland Novi Lawsuits 

In 2018, over two dozen families filed lawsuits against Petland Novi, located in the Twelve Oaks Mall, 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 congenital defects, infections, parasites, worms and some had highly contagious diseases.

As of right now, court documents show the cases as being stayed and it is currently unknown whether Petland will reimburse these families for the thousands of dollars that have been spent keeping the animals alive.

The Family Puppy Complaint 

Toni Kastanos, a Waterford resident, estimates she has spent $20,000 in emergency veterinary care after purchasing a Bullmastiff at The Family Puppy store located in the Novi Fountain Walk shopping center. Her recent GoFundMepage states “This place knowingly gave us a sick Bullmastiff in March. He came home with a severe ear infection and GI issue.  By May, Dudley was in the emergency room for about a week. He had to have multiple blood transfusions just to survive the next 24 hours.  July 3rd I had to rush Dudley back to the emergency room and after more blood transfusions we had to make the decision to let him go. The Family Puppy told us to pay the extra insurance thru them and the AKC yet they wont take responsibility for anything.”

Ware-house like kennels 

There are approximately 18 puppy retail stores in Michigan. The two largest retail outlets, Petland (Novi) and The Family Puppy (Troy, Novi, Flint), have been linked to large-commercial kennels located out of state. Puppy Mill Awareness posted warnings with breeder photos and inspection reports online to help inform unwitting buyers.

Learn more about The Family Puppy’s breeders...

Learn more about Petland Novi’s breeders...

“When pet stores purchase from distant states, families can not easily visit, see the conditions or meet the parents before purchasing the puppy” said Sordyl. “Puppies sourced from warehouse-like kennels are often inbred, over bred carrying congenital defects, as well as, illnesses from living in unsanitary conditions. Even the small mom and pop stores, like The Barking Boutique located in Grandville, are in the business of misleading families as to the source of the puppy, the puppy’s health history and offering deceptive financing options.”

Warning Puppy Loans and "Rental" Agreements 

Buyers can be easily misled by the financing language because the store employee did not understand the loan terms or wanted to make the sale by glossing over them. The loans include attractive low monthly payments, yet payments are spread over years making the interest portion seem minimal. Even worse, puppy buyers may end up signing a lease and learn later the lender is holding the puppy as collateral! Learn more… 

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.

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 (Farmington Hills) law firm for advice. They may discover a pattern of behavior that could help end the misleading practices.  

Learn more… 

How to file a complaint against a pet store and their veterinarian 

Families who have purchased a sick pet from a pet store or breeder should notify the authorities and licensing agencies.  Learn more… 

Use ordinances to keep puppy mill dogs out of Michigan

For civic leaders who wish to protect families in their community, Michigan Friends of Companion Animals, a state-wide coalition, is recommending a model ordinance prohibiting the retail sale of certain pets, and instead, encourage business models that include non-profit animal rescues and shelters to showcase adoptable animals.

The ordinance is called the Humane Pet Acquisition Proposal and can be downloaded from the coalition’swebsite. 

Puppy Mill Awareness of SE 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.