HSUS Sues Florida Puppy Dealer
Already in the midst of a lawsuit brought by Florida’s attorney general, a Broward County pet store is facing a new complaint brought by The Humane Society of the United States (Washington) on behalf of its members and more than 100 consumers who bought puppies from the dealer.
According to HSUS, months of legal investigation by its lawyers and the New York law firm Weil, Gotshal & Manges L.L.P. uncovered reports of serious, systematic violations of Florida’s animal and consumer protection laws by the Wizard of Claws (Pembroke Pines, Fla.). The resulting lawsuit alleges that the store misrepresents the origins of its puppies.
Other allegations concern the sale of puppies with “life-threatening genetic defects and highly contagious parasitic infections, and the refusal to reimburse customers for either the purchase price of sick dogs or veterinary treatments that sometimes cost thousands of dollars,” according to a press release issued by HSUS.
The lawsuit seeks compensatory damages for the class members and injunctive relief against any further puppy sales by Wizard of Claws, which specializes in selling “teacup” puppies and toy breeds. Located in a strip mall, Wizard of Claws also sells puppies via various Web sites.
In June 2006, the Florida attorney general sued Wizard of Claws under Florida’s Deceptive and Unfair Trade Practices Act for allegedly misrepresenting the puppies’ pedigrees. Investigators from the state’s Economic Crimes Division discovered that, although Wizard of Claws claimed its dogs were registered with the American Kennel Club to increase their value, business owners Jim and Gilda Anderson were actually purchasing many of the dogs from online auctions without proper registration or pedigrees.
Lack of pedigree information also enabled the Andersons to misrepresent the dogs’ full size and weight, leaving many consumers with dogs larger than they wanted or could accommodate, according to the state’s complaint.
A Broward County judge threw out a motion to dismiss that case in August 2006. The state’s investigation and lawsuit continue, said a spokesperson for the attorney general.
In April, the Florida Department of Agriculture and Consumer Services announced it would develop new rules for the veterinary inspection and health certification of dogs and cats offered for sale in Florida. The announcement came after HSUS and several Florida residents earlier that month filed a petition seeking stricter guidelines. [September 2007 PET AGE]
FLORIDA’S PET LAW |
| WHAT IT COVERS |
CONSUMER PROTECTIONS |
REFUNDS |
Dogs and cats |
Consumers can return or exchange a pet 14 days after purchase if a licensed veterinarian of the consumer’s choosing certifies that the animal was unfit at the time of sale due to illness, disease or parasites, or if it dies because of illness.
Consumers can return or exchange an animal within a year after purchase if the pet has a congenital or hereditary disorder or if its breed, sex or health is found to have been misrepresented. |
Pet dealers must be notified within two days of a vet’s determination that a recently purchased dog or cat was unfit. Consumers have the right to retain, return or exchange the animal and receive reimbursement for certain related veterinary services. |
| Source: Florida Department of Agriculture and Consumer Services |
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