Case Details


Case Snapshot
Case ID: 7762
Classification: Unlawful Trade/Smuggling, Neglect / Abandonment
Animal: dog (non pit-bull)
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Sick, puppy mill pups sold from pet store
Pembroke Pines, FL (US)

Incident Date: Tuesday, Feb 28, 2006
County: Broward

Disposition: Alleged

Alleged:
» James R. Anderson
» Gilda Anderson

Case Updates: 7 update(s) available

Florida Attorney General Charlie Crist is announcing that he is opening an investigation of Wizard Of Claws after NBC 6 found unhappy customers nationwide who say their expensive dogs got sick soon after buying them. "We buy the best of the best. We pay a premium," said Jim Anderson, who runs Wizard of Claws.

That claim is at the center of the state's investigation of Wizard of Claws -- the Pembroke Pines-based pet store run by Anderson. He sells thousands of expensive dogs nationwide. "The Wizard Of Claws celebrity kennel specializes in world class quality teacups," the store's television commercial says. "This looks like it could violate Florida statute 501, which is unfair trade and deceptive practice," Crist told NBC 6. Crist announced his investigation, seeking to protect pet owners and pets. "That's why it's great that NBC 6 brought it to our attention," Crist said. "So we have the opportunity to do good here, to make justice happen, and to make sure that these consumers and these animals are treated right." Since NBC 6's investigation aired, we've received complaints from an additional 115 customers, bringing the total to 275 unhappy customers in 34 states, Mexico and Canada. Most claim their dogs got sick soon after buying them. Some died. Customers paid thousands of dollars because they say they were told the dogs were high quality.

"First of all, we buy these dogs strictly off breeders that my boss had done business with. Their dogs are from breeders. They're not from puppy mills," a Wizard Of Claws salesman said when NBC 6 visited the store. But NBC 6 went undercover into Midwestern breeding operations tracing the origin of some of Wizard Of Claws' dogs to these very places. Experts call them "puppy mills" known for disease and defects. "I'm literally shocked," said Florida State Sen. Larcenia Bullard (D-Miami-Dade).

NBC 6 showed its report to Bullard, whose two bills would license pet stores, require inspections and help consumers. She says the NBC 6 report underscores a need for change. "There has to be some regulation and I'm not certain why there hasn't already been," Bullard said. And one of the legislators behind Florida's Puppy Lemon law now wants to give it more teeth. "What's more American than loving your pet dog, than protecting puppies? I mean, that's what this is about," said State Sen. Dave Aronberg (D-Palm Beach County). "Having an inspection that just makes sure pets are treated humanely -- even in a store -- how would you oppose that? Or why would you oppose something like that?" Crist said.

Crist is also calling for unhappy customers of Wizard Of Claws to call his hotline: (866) 9-NO-SCAM. NBC 6 asked Anderson for his reaction, who said his business was strong, but he referred us to his attorney. He did not immediately return our calls. Meanwhile, unhappy customers plan a demonstration outside Wizard Of Claws on March 11, 2006.


Case Updates

The owner of a Pembroke Pines puppy store battling a lawsuit alleging it sells sick dogs has filed for bankruptcy, court records show.

Gilda Anderson, owner of Wizard of Claws, filed a Chapter 7 petition Wednesday in South Florida bankruptcy court. Chapter 7 is liquidation of assets to pay creditors.

Anderson declined to comment through an employee today.

This week, Broward Circuit Judge Robert Rosenberg refused to dismiss several defendants from a lawsuit against Wizard of Claws filed in June 2007.

The lawsuit, filed against the pet store and owners James and Gilda Anderson, accuses the company of defrauding customers by selling sick and dying puppies with severe health problems and genetic defects. Many of the puppies were purchased online.

Lawyers for the Humane Society of the United States, who are seeking class certification, say this is the first such suit nationwide.

"It's extremely uncommon for these people to have to answer to their customers," said Jonathan Lovvorn, vice president of animal protection litigation for the Humane Society. "Most of these cases wind up in small claims court."

The judge has not yet ruled on whether to certify a class. The suit has six plaintiffs, but attorneys said they have interviewed more than 100 people who bought puppies from Wizard of Claws and spent hundreds or thousands of dollars on vet bills.

Gregory Ward, the attorney who has been representing the pet dealer, could not be reached for comment.

Wizard of Claws, located at 9113 Taft St., also does business under the names Celebrity Kennels Inc., Dog Breeder Kennel Inc. and Puppies for Sale Inc. The company specializes in teacup puppies and other small breeds, including Yorkies, poodles, pugs, Pomeranians, Shih Tzus, Papillons and miniature Pinschers.

The suit accuses the company of buying unhealthy dogs from puppy mills across the United States, then selling them for $1,000 or more. It also says Wizard of Claws refused to reimburse customers what they paid for the sick pets or spent on vet bills.

In one case, a customer purchased a puppy with a contagious parasite, according to the lawsuit. The puppy died two days later. In another case, a customer brought a puppy home only to discover it had a severe liver defect. The dog suffered from seizures and died a few weeks later.
Source: Sun Sentinel - May 28, 2009
Update posted on Jun 1, 2009 - 12:02AM 
The Broward County Circuit Court has issued a ruling refusing to dismiss several defendants from a major class action lawsuit against a south Florida puppy dealer known as "Wizard of Claws." The suit, filed in 2007, accuses Wizard of Claws, its owners, and its affiliates of defrauding customers by misrepresenting the origin of puppies, and by selling puppy mill dogs who suffer from severe health problems and genetic defects.

The court's order allows plaintiffs to proceed with their claims against three entities sharing common ownership with Wizard of Claws �" Celebrity Kennels, Inc., Dog Breeder Kennel, Inc. and Puppies for Sale, Inc. �" and also directs the defendants to turn over records regarding the puppies they have sold to the public. The court also ordered the owners of Wizard of Claws to sit for depositions concerning their business practices.

The class action complaint includes numerous examples of Wizard of Claws selling sick or dying puppies including:

* A puppy with severe giardia, a contagious parasite. The dog died two days after being brought home.
* A puppy with a severe liver defect that resulted in constant seizures up to the point of death only a few weeks after purchase.
* A puppy with severe pneumonia and a collapsed lung. The dog only partially recovered after a four-day stay in a veterinarian's oxygen chamber followed by months of intensive follow up treatment.

The lawsuit seeks compensatory damages for the proposed class members, and injunctive relief against any further sale of puppies by Wizard of Claws, its owners and its corporate affiliates. The plaintiffs �" which include members of The HSUS �" are being represented on a pro bono basis by the New York, Miami and Houston offices of Weil, Gotshal & Manges LLP.
Source: Orlando Sentinel - May 27, 2009
Update posted on Jun 1, 2009 - 12:01AM 
On Monday, a Broward County judge ruled against the controversial pet store Wizard of Claws, the focus of an NBC 6 investigation in February.

Judge Miette Bernstein threw out a motion to dismiss the case filed by Attorney General Charlie Crist.


The pet store, one of the largest dog suppliers in the country, is accused of deceptively selling puppies in terms of size, breed, health and registry.

The store's attorney said the case was too vague and should be dismissed.

The judge, however, sided with prosecutors, opening the door to the next step.

"To try and facilitate negotiations - possibly settling the case - or being ready to go to court and go into trial," said Asst. Attorney General Lynn Etkins.

"Sounds like the state is very serious about moving forward," reporter Jeff Burnside told Etkins.

"Oh yes," Etkins said. "Attorney General Crist takes this case very seriously and we are moving forward."

Jim Anderson, who runs Wizard of Claws, maintains he sells healthy dogs to many happy customers.

The store now does business under Puppies For Sale by Net.
Source: NBC 6 - Aug 14, 2006
Update posted on Nov 13, 2006 - 12:25PM 
Attorney General Charlie Crist today announced that his office has sued a Broward County pet store for allegedly defrauding its customers about the dogs they were purchasing. Wizard of Claws specializes in the sale of "teacup" dogs, unusually small dogs that are sold for prices as high as $2,000, but according to consumers the puppies' pedigrees are often misrepresented and the dogs end up overgrown and often ill.

Crist's Economic Crimes Division opened an investigation into the business after receiving a complaint from a consumer. Investigators discovered that although Wizard of Claws claimed its dogs were registered with the American Kennel Club, thus increasing their value, the store owner was actually purchasing many of the dogs from online auctions without proper registration or pedigrees. This practice often increases the likelihood that the dogs are sick when purchased.

"Exploiting a fondness for animals for financial gain is simply wrong," said Crist. "It is important to stop this operation and to compensate those who were victimized."

Lack of pedigree information also enabled the business owners to misrepresent the dogs' full size and weight, leaving many consumers with dogs larger than they wanted or could accommodate. The misrepresentation was often not discovered until much later, as many teacup dogs at first look very similar to larger breeds. Investigators have received more than 20 sworn statements from consumers who claim they bought puppies from Wizard of Claws but faced serious problems with the dogs, including poor health and the inability to house a dog larger than "teacup" size.

Business owners Jim and Gilda Anderson are named as defendants in the lawsuit, filed under Florida's Unfair and Deceptive Trade Practices Act. The law calls for civil penalties of $10,000 per violation, or $15,000 if the victim is disabled or a senior citizen. The complaint also seeks an injunction to require that Wizard of Claws stop selling pets immediately.

A copy of the complaint filed against Wizard of Claws is available at: style="background-color: #F0F0F0">Source: Office of Attorney General of Florida - June 21, 2006
Update posted on Jul 3, 2006 - 7:52AM 
Actress Jennifer Love Hewitt, singer Jon Secada and the Osbournes, known for their hit MTV show, all have one thing in common: They bought dogs from the same place. But a CNN investigation finds the company that sold them their pets has many unhappy customers.

The Wizard of Claws, also know as Celebrity Kennels, is based in Pembroke Pines, Florida. The company is run by husband and wife team Jim and Gilda Anderson. They've been in business about five years and offer what they describe as top-of-the-line teacup- and toy-size dogs on the Internet, for as much as $5,000 each. They advertise that their company is the nation's premier supplier of puppies to the stars and claim annual sales of up to $5 million. The company does not breed dogs, but sells them on the Internet and at its Florida location.

Jennifer Pura of California bought a Shih Tzu from the company in January of 2005. The dog that Pura named Tucker cost $3,500. But Tucker immediately had several health problems. Vet records show Tucker had internal parasites, inflammatory bowel disease and daily seizures. To treat Tucker, Pura had to fork out another $5,000 in vet bills over the next year. Pura says to make up for some of the costs the company sent her a second dog, a Yorkie named Romeo, free of charge. But Romeo was even sicker and died within a month.

CNN made repeated requests to interview Jim Anderson. He agreed to a telephone interview in which he said: "There's no financial motives or gain from sending out sick dogs. Dogs get sick from shipping caused by stress." He estimated that only 8 percent of his company's 9,000 sales over the past five years have generated complaints.

The president of the Companion Animal Protection Society, Deborah Howard, suggests that instead of buying a dog on the Internet, deal directly with a reputable breeder. "When you go to a reputable breeder, you're not going to find a lot of dogs that have kennel cough, that have giardia and coccidia [internal parasites]."

Howard claims many dogs sold online come from puppy mills, where dogs are bred in mass quantities and where conditions are often crowded and unsanitary. And, she says, there is very little oversight by any federal or local agency. The federal government licenses breeders but not pet stores. Still, buying a dog on the Web is a growing trend. According to the trade organization American Pet Products Manufactures Association, 150,000 dogs are bought online annually.

CNN has learned Celebrity Kennel's Anderson is a convicted drug felon, and in 2003 he was slapped with six violations under the Animal Welfare Act. The violations included failing to provided proper vet care and selling animals less than 8 weeks of age, against Florida law. The Florida attorney general has an open investigation and several dissatisfied customers have filed lawsuits against the company. A Web site started by a dissatisfied customer is called "stop-wizard-of-claws." Anderson is suing that customer for $4.4 million and wants the site shut down.

As for the celebrity customers, a spokesperson for Jennifer Love Hewitt told CNN the dog she received from Celebrity Kennels had several health issues that required costly vet care. The Osbournes, however, told CNN they had no problems with their dogs.

Singer Jon Secada and his wife Mari bought their first family dog, a Maltese named Sunshine, from Celebrity Kennels in August 2005. The Secadas trusted they were in good hands because of the company's other famous customers. But their $1,000 dog ended up having kennel cough for more than a month and a tooth problem that cost another $1,000 to fix. The Secadas were also told their dog came from a specialized breeder. But CNN discovered that Celebrity Kennels actually bought their dog on an online auction. The Secadas say they'd never buy a dog from the company again.

Meanwhile, Tucker still has health problems. "Every time Tucker sneezes or is laying around too much. I'm constantly worried that something is wrong with him, which is not the way it's supposed to be," Pura said. "It's supposed to be fun and it's supposed to lighten up your life and instead it's made it sad and hard."
Source: CNN - May 13, 2006
Update posted on Jul 3, 2006 - 7:47AM 
Government Actions

On March 11, 2003 the United States Department of Agriculture issued a Decision and Final Order against defendant James R. Anderson doing business as Wizard Of Cl'Oz for violations of the Animal Welfare Act and regulations promulgated under the Act.

The following Order is authorized by the Act and warranted under the circumstances:

Respondent, his agents and employees, successors and assigns, directly or through any corporate or other device, shall cease and desist from violating the act and the regulations and standards issued thereunder, and in particular, shall cease and desist from:
a) Failing to provide proper veterinary care
b) Failing to maintain complete records as required by the regulations
c) Failing to identify animals as required by the regulations
d) Failing to provide animals with a perimeter fence, which is of a sufficient height to keep animals and unauthorized persons out of the respondent's facility
e) Failing to maintain the facilities and enclosures for animals free of equipment, junk or other materials
f) Transporting selling or offering for sale animals that are less than eight weeks of age.

On August 9th, 2005 the company's attorney wrote a letter to the United States Department of Agriculture reporting a discrepancy that the code violation is against James R. Anderson not James R. Anderson/d/b/a Wizard of Cl'oz. The Better Business Bureau is waiting for the documentation of the inaccuracy.
Source: BBB Southeast Florida - March 11 2003
Update posted on Jul 3, 2006 - 7:38AM 
The Wizard of Claws, also know as Celebrity Kennels, is based in Pembroke Pines, Florida. The company is run by husband and wife team Jim and Gilda Anderson. They've been in business about five years and offer what they describe as top-of-the-line teacup- and toy-size dogs on the Internet, for as much as $5,000 each. They advertise that their company is the nation's premier supplier of puppies to the stars and claim annual sales of up to $5 million. The company does not breed dogs, but sells them on the Internet and at its Florida location.

Jennifer Pura of California bought a Shih Tzu from the company in January of 2005. The dog that Pura named Tucker cost $3,500. But Tucker immediately had several health problems. Vet records show Tucker had internal parasites, inflammatory bowel disease and daily seizures. To treat Tucker, Pura had to fork out another $5,000 in vet bills over the next year. Pura says to make up for some of the costs the company sent her a second dog, a Yorkie named Romeo, free of charge.But Romeo was even sicker and died within a month.

CNN made repeated requests to interview Jim Anderson. He agreed to a telephone interview in which he said: "There's no financial motives or gain from sending out sick dogs. Dogs get sick from shipping caused by stress." He estimated that only 8 percent of his company's 9,000 sales over the past five years have generated complaints.

The president of the Companion Animal Protection Society, Deborah Howard, suggests that instead of buying a dog on the Internet, deal directly with a reputable breeder. "When you go to a reputable breeder, you're not going to find a lot of dogs that have kennel cough, that have giardia and coccidia [internal parasites]." Howard claims many dogs sold online come from puppy mills, where dogs are bred in mass quantities and where conditions are often crowded and unsanitary. And, she says, there is very little oversight by any federal or local agency. The federal government licenses breeders but not pet stores.

CNN has learned Celebrity Kennel's Anderson is a convicted drug felon, and in 2003 he was slapped with six violations under the Animal Welfare Act. The violations included failing to provided proper vet care and selling animals less than 8 weeks of age, against Florida law.
The Florida attorney general has an open investigation and several dissatisfied customers have filed lawsuits against the company. A Web site started by a dissatisfied customer is called "stop-wizard-of-claws." Anderson is suing that customer for $4.4 million and wants the site shut down.

As for the celebrity customers, a spokesperson for Jennifer Love Hewitt told CNN the dog she received from Celebrity Kennels had several health issues that required costly vet care. The Osbournes, however, told CNN they had no problems with their dogs. Singer Jon Secada and his wife Mari bought their first family dog, a Maltese named Sunshine, from Celebrity Kennels last August. The Secadas trusted they were in good hands because of the company's other famous customers. But their $1,000 dog ended up having kennel cough for more than a month and a tooth problem that cost another $1,000 to fix. The Secadas were also told their dog came from a specialized breeder.
Source: CNN.com - May 13, 2006
Update posted on May 21, 2006 - 8:50PM 

References

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