Petland Novi is court ordered to provide a list of their breeders

Petland Novi is court ordered to provide a list of its breeders, brokers and employees for the past five years.

Today, attorney Jenifer Measel prevailed during the second hearing in the Rose vs Petland Novi case. Judge Phyllis McMillen ended the “discovery battle” by offering time for the attorneys to hammer out a list of questions not fully answered. During that time, Petland’s attorney was ordered to provide additional information, as well as, deposition dates.

According to court documents, a Northville family purchased a sick puppy that passed an antibiotic resistant Campylobacter infection on to the owner requiring time off of work and medical treatment.

Petland Novi has stonewalled the buyers since the lawsuit was filed in November by refusing to provide complete answers to questions regarding the store’s business practices and not providing deposition dates. Instead, Petland Novi is attempting to dismiss the case suggesting it is “over pleaded” with eight counts, 118 witnesses, including Bob Gatt, the Mayor of Novi and that the couple may have contracted campylobacter while dinning out.

Measel reminded the court this is a Toxic Tort case and everyone in the chain will be sued. She noted that the CDC investigated the campylobacter outbreak across the country in 2016-17 tracing the source to Petland stores. She will need to start by deposing, not only the pet store owner, Randy Horowitz, but two sales managers (Alayna Markle and Melissa Norvakowski) both of whom testified before the House Agriculture Committee in Lansing in support of legislation that would protect pet retail sales.

According to court documents, the Plaintiffs have asked for such items as…..

• A list of breeders, brokers or other entities Petland has acquired animals from along with all acquisition records
  
  
• A list of employees, including bookkeepers, payroll, human resources, record keeping, inventory employees and those responsible for purchasing puppies.
  
  
• List of records regarding animals with parvo, intestinal parasites, diseases or genetic abnormalities.
  
  
• A list of veterinarians and technicians.
  
  
• All vaccination and medical treatments.
  
  
• A list of dogs euthanized.
  
  
• A list of dogs presently housed at the store and veterinary clinic. 

Petland Novi was court ordered to provide a list of its breeders, brokers and employees for the past five years.

RELATED LINKS

Doug Rose vs Petland Novi complaint (Click here)

CDC investigation (Click here)

Notorious Ohio Puppy Broker Abe Miller Named as defendant (Click here)

Local 4 - Northville man alleges sick puppy bought at Novi pet store landed him in hospital (Click here)

Feb 20, 2019 Hearing Media Advisory (Click here)

Options for families who purchase sick pets

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.  

If the pet store or financing company is not responding, buyers can try using the Better BusinessBureau or the Michigan Attorney General’s Consumer Protection Division to mediate the complaint. Complaints can be filed online.

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. 

Learn more about small claims cases. 

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

Related blogs:

A long list of unfair and deceptive acts

Warning puppy loans and rental agreements

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

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

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. 

What to do if you purchased a sick puppy

I developed a guide for Michigan residents and families who have purchased a sick puppy from a pet store or breeder. Since we have been hosting rallies every Saturday at the Petland Westland, we have been meeting families with sick dogs just about every weekend. I decided to put together a checklist based on some things they already did on their own and other activities I have come across while researching pet stores and puppy mills.

It is terribly frustrating for them when the pet store owners will not return phone calls or speak with them in person while they watch their new puppy struggle with issues.

Sick puppies are usually a result of mass producing puppies for the pet trade. Many families discover that their new family member is plagued with serious illnesses or genetic problems soon after their purchase – some experience problems long after the purchase.

Although there are no Michigan Puppy Lemon Laws to protect consumers, there are many things that can be done from filing complaints to getting the word out. The checklist contains Michigan specific contacts but can be easily tailored for other states and animals such as kittens and small mammals, birds, fish, etc.

If you have purchased a sick puppy or know someone who has, please forward this guide to them and have them contact me.

Download (includes “go the extra mile”)

Online Version