Case Details
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Case ID: 7763
Classification: Unlawful Trade/Smuggling, Neglect / Abandonment
Animal: dog (non pit-bull)
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Pet store sued by HSUS for selling sick puppies
Pembroke Pines, FL (US)

Incident Date: Tuesday, Jan 31, 2006
County: Broward

Disposition: Civil Case

Person of Interest: James R. Anderson

Case Updates: 1 update(s) available

The Humane Society of the United States on Thursday sued Wizard of Claws, the Broward County-based pet store that sells expensive dogs nationwide. The group alleges the store is selling sick and defective dogs that are actually supplied by so-called puppy mills. The kind of places NBC 6 found are a key part of the lawsuit.

NBC 6 undercover video shows the inside of a massive dog breeding operation in the Midwest. It's one of the places the Humane Society of the United States says has an elevated risk of disease and genetic defects. And one of the pet stores that buys some of its dogs from this breeder is Wizard of Claws, advertising happy healthy dogs with satisfied celebrity clients.

Jim Anderson runs Wizard of Claws. "We buy the best of the best. We buy the premium," Anderson told NBC 6. "You think you're getting the best of the best. What you're getting is often times a very sick animal with genetic defects who came from a puppy mill," said HSUS President Wayne Pacelle. HSUS is suing Wizard of Claws for claiming its dogs are "not from puppy mills when in fact they are" and for selling sick and defective dogs. A four-month NBC 6 investigation found customers nationwide that made similar claims. "We don't think this guy in this store should continue to get away with deceiving the public, misrepresenting what he's doing, and victimizing people and animals in the process," Pacelle said.

"We do the best we can. We operate the business the best we can. We try to be honest. We try to be fair. We try to be good to the customer," Anderson said. But attorney Marcy Lahart, who represents unhappy customers nationwide, disagrees. She originally filed the lawsuit now being joined by HSUS. "Wizard of Claws sells sick puppies banking on the fact that people who buy these puppies will become too emotionally attached to return them when they realize that they are sick or suffer from congenital defects," Lahart said.

To his critics, Anderson said: "I've proved blatantly they're liars. Just blatant liars." Anderson, who did not return a phone call Thursday from NBC 6, said last week that because of our investigation, he and his wife plan to tour the Midwest to inspect dog breeders with which they do business. And he insists he has many happy customers.


Case Updates

Wizard of Claws -- a South Florida pet store accused of unconscionable and misleading business practices -- is trying to block the release of veterinary records concerning puppies sold by the company.

Among the many claims pending against Wizard of Claws in a lawsuit filed by former customers and the Humane Society of the United States is that puppies don't receive proper veterinary care before they are sold, and that the pet store refuses to reimburse veterinary expenses to customers whose puppies get sick if the puppy is not taken to a veterinarian selected by Wizard of Claws.

"The Florida puppy lemon law provides that a customer may take a sick puppy to any veterinarian the consumer chooses" said Marcy LaHart, an attorney representing the plaintiffs, "and if the puppy is sick within the first fourteen days of purchase, Wizard of Claws could be responsible for veterinary expenses, up to the price the consumer paid for the dog."

However, according to LaHart, Wizard of Claws requires customers to sign an agreement that forces them to use veterinarians that provide services to Wizard of Claws for free, or at deep discounts, in exchange for referrals. Some Wizard of Claws customers have been very unhappy with the services provided by the veterinarians recommended by Wizard of Claws, particularly Hometown Animal Hospital's Dr. Jan Bellows, and wonder if these "approved" veterinarian's really have their pet's best interests at heart.

A few days ago, plaintiffs gave notice to Wizard of Claws of their intention to subpoena records concerning Wizard of Claws puppies from some of the veterinarians that Wizard of Claws dictates its customers must use. Not only did Wizard of Claws object to disclosing the records, their attorney has threatened to ask the court to sanction plaintiffs' attorney for even asking for the records.

"While pet stores commonly say they only deal with reputable breeders and that they take superior care of the puppies, time and again pet store owners refuse to show records of where the puppies come from or the veterinary history," said Stephanie Shain, director of outreach for companion animals for The Humane Society of the United States.

"Wizard of Claws has repeatedly claimed that it does not sell sick puppies, but is apparently willing to level baseless legal threats to avoid disclosing the veterinary records necessary to verify that claim," said LaHart. "If everything is really on the up and up, why don't they want me to see the records?"

Wizard of Claws is no stranger to litigation. The pet store has been sued by disgruntled customers many times, and Wizard of Claws has sued one such customer, Shannon Ford, alleging her website, www.stopwizardofclaws.com, is libelous. According to the lawsuit filed by Wizard of Claws in Fort Lauderdale in July 2005, Ms. Ford's website falsely accuses the store of selling sick puppies, misleading consumers about where the puppies come from, and failing to disclose congenital defects suffered by the puppies.

For more information on The HSUS's efforts to crack down on puppy mills nationwide, go to www.stoppuppymills.org.
Source: HSUS - February 2006
Update posted on May 13, 2006 - 8:06AM 

References

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