Petland Puppy Mill Lawsuit Smacked On Nose By Judge, Told To Refile
A class action lawsuit against alleged puppy-mill-patronizing petstore chain Petland was thrown out by a federal judge in Arizona last week, but the suit isn't over yet. Lawyers representing the humans of six puppies from Petland have until the end of August to refile their suit, and they plan to do so.
The plaintiffs must prove that they were harmed or otherwise defrauded by any misrepresentation of their puppies' origin.
The suit was dismissed Friday by a federal judge in Phoenix who said the allegations were too general and that the complaint did not show that the plaintiffs were direct victims of the fraud that was alleged in the suit.
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The plaintiffs did not show that Petland's statements about where the puppies came from were a direct cause of injury to the pet owners, the judge said, or that plaintiffs suffered injury from Hunte, a Missouri-based company named in the lawsuit, which also has denied the claims.
Copies of a few vet bills for the animals with inherited diseases and other health problems just might make the point. The new lawsuit will be filed as a class action.
Petland lawsuit alleging sick, malformed puppies thrown out in Arizona [The Plain Dealer]
Lawyer: Petland to face amended lawsuit on puppies [AP] (Thanks, David!)
RELATED:
Petland Employees Drowned Rabbits, Posted Photos on Facebook
Petland Sends Really Snarky Email To Puppy Mill Protesters
Petland Uses Puppy Mills
(Photo: LynasUK)
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Comments:
@bohemian: That is exactly what I was going to say. Surprised that your pet store dog came from a puppy mill? Surprised that your puppy then has issues? Really? *rolls eyes*
@bohemian: Obviously they weren't shut down in the 80s, unfortunately. While going to the animal shelter may not mean you get a non-puppy mill dog, at least you'll be giving that animal a good home and not perpetuating the crappy business that is puppy mills.
That goes for all other animals too. Sometimes people forget that cats. birds and rabbits are kept in similar conditions.
If you want a great dog, fully trained and house trained, adopt from your local breed rescue. The rescue organization can also tell you about the personality and temperament of that particular dog, something you'll never get from a breeder or pet store. Avoid the "puppy blues" and save a great dog's life.
Just Google the breed rescues in your area for more information.
The part of Korea I live in doesn't seem to have an animal shelter. The only ways to get cats around here seem to be to get them from someone moving away, find one on the street, or do the unthinkable and buy them at the traditional market.
This market is horrible. They have cats, dogs, and bunnies in these small cages on display for people. Last time I was there I was crouched down next to the cage, trying to encourage a kitten to come over to me, and the woman selling the kittens decided that the cats weren't entertaining enough, so she SMACKED THE CAGE nearly hard enough to knock it over to make the poor terrified kittens move closer to me. I was horrified! I immediately wanted to buy them just to save them from this horrible woman, but I don't want to encourage her to keep selling them, and people who have bought cats there have said they end up dying within a couple weeks from diseases they contracted being cramped together in those small cages.
Also, what the kittens (and puppies!) go through when you DO buy them is traumatizing as well... I heard someone bought a cat and they picked it up by its leg, put it in an onion sack, and handed it to her. I thought that was terrible until I saw someone buy a puppy... they put it in a small cardboard box (no way it could stand up in there) where they had to push its head down to get it in the box, taped it shut, THEN used a knife to cut holes in the box, WHILE THE PUPPY WAS INSIDE!!! I was absolutely horrified! There was another small box nearby with a rock on it to keep the puppy inside, someone probably bought it and left it there while they finished shopping.
I don't know what's worse, buying them and having them possibly die on you, as well as encouraging them to do this to more kittens, or leaving them there to suffer certain abuse and death.
@pecan 3.14159265: but most humane societies (or at least my local one) heavily screens ALL surrendered animals to insure they are fit for adoption, this includes behavioral assessments and strenuous health check ups. although we have such a shortage of dogs in New Hampshire, we have to bring them in from the south. like some sort of underground dog railroad. Now cats....there are 252 at the humane society I support. if only people up here spayed their cats like they did dogs....
@sponica: My point was that if you're adopting just to get away from puppy mill puppies, it's still possible you'd end up with one anyway. Yes, they screen, but it doesn't mean ALL puppy mill puppies have problems just like it doesn't mean dogs that didn't come from mills won't have problems. But if a family goes to the shelter specifically to avoid puppy mills, they should understand that it's possible a lot of dogs were rescued from mills or from people who got them from mills. They may not have problems, but people should be aware that they're not going to avoid puppy mills entirely.
@pecan 3.14159265: Of course you may have limited knowledge of the history of a dog. You could be adopting a dog that came from a puppy mill. At least your not putting cash in the hand of a puppy mill owner. Hopefully starved of cash they will dry up and go away eventually. Most shelters have some clue of the origin of a puppy. It came from a dog in a home that had puppies, it came from a puppy mill that was raided, it was found abandoned. You still don't have 100% history of the parents etc.
@Urgleglurk: I couldn't agree more! We adopted our pug from an area pug rescue and brought home the sweetest dog on the face of the earth. We can't imagine our lives without her AND we never had to deal with housetraining or teething.
@ShiningSquirrel: People are going to get soooo riled up..before they do, it's important to note that certain Asian countries don't merely hold the view thay dogs are pets, though many people do keep them as pets. In America and Europe, it seems we get extremely offended and riled up that other countries may snack on the animals we think are companions, but it's just a small part of the culture. Generally the animals bred for food are not the same as the ones people keep for pets. Certainly not everyone eats dogs.
My first dog a few years ago was a black lab/Australian shepherd mix. He was a dog from a shelter and he was adorable but he had behavioral problems. He didn't like being bothered while eating (he'd bite) and he didn't like people running in the house, he'd jump on them. At the time my wife and I were living with her family. The dog had bit my wife's aunt and by the time I came home my puppy was put down. That's my shelter dog story.
This year after buying our own house we wanted a dog. We like big dogs. We looked at a few pet stores and the puppies seemed unusually calm, almost sedated and we thought that was unusual so we backed away from the pet stores. We found our new black lab/aussie puppy being sold by an Amish man who had 6 happy adorable 9 week old babies he wanted to sell. Now our puppy is 16 weeks old and just as happy as can be.
I guess the moral is, you don't know where your dog comes from unless you see it being born.
@sponica: I live in New Hampshire and we have a one year old rescue dog from Tennessee. :) I didn't realize importing them was common.
And oh my god yes, we went to various shelters looking for a cat after we lost one of our two cats to coyotes, they had three rooms for them and more out in cages in the hallway. Honestly, in the grand scheme of things, getting pets fixed isn't hard, and doesn't cost THAT much.
@solareclipse2: Biting is a common reaction among dogs because they're animals. Domestication doesn't mean they lose all instinct to protect. It's just extremely sad when dogs are put down because instinct takes over, and you're told that they're ireedeemable.
I'm sorry things didn't work out with the dog you got from the shelter, though dogs that come from homes where they were provided for but didn't receive any training will exhibit the same behavioral problems. I occasionally volunteer for the ASPCA, and they assess the personality of every dog in their shelter. If your former dog had been at the ASPCA, I believe they would never have made the dog available for adoption because of its aggression.
@pecan 3.14159265: Yeah. It wasn't my decision. I'm still pissed about it. My in-laws did it because it was their house and he bit their relative.
Our new puppy was just at the vet because he thought our gravel driveway was tasty. He went in and was just in absolute misery. He just wanted to be left alone and you could see it. It's understandable the vets had to take blood and do x-rays and everything else but the vet called and said they had to sedate the dog. Ok. We got a 15 minute lecture on how our dog needed training and how "they could tell he was going to be a fear biter" when he got older.
Just like you said, dogs are animals. When they're afraid they're going to react. Any other time our dog only barks when he needs something.When they're happy it's all play time and puppy kisses.
@solareclipse2: Just putting this out there: the Amish and Mennonite populations are some of the WORST puppy mill practiconers. This is not meant as a generalization. I'm sure there are reputable Amish and Mennonite breeders. But a disproportionate amount of puppy mills are run by them.
@solareclipse2: also: i don't think any dog really enjoys being bothered while eating. some will growl. others will bite. they're protecting their food.
@solareclipse2: I have friends who have an unrealistic fear of my rabbit (he's 6 pounds!). I totally understand that it was borne from bad experiences with animals, but I always explain that if he nips at you, it's because you've done something stupid. After following my rules on how to behave around animals, the fearful visitor was rewarded by a few happy licks from my rabbit and he even laid down next to her so she could pet him. Animals react in ways that people react when they're afraid - they defend themselves and look for a way to escape. It's frustrating when humans assume that domesticated animals love all people. My rabbit hates children - I warn my relatives that if they bring children over, and the kids run to my rabbit, he will bite, and it won't be my fault.
@Urgleglurk: Yes, most rescues are great places to adopt.
My vet says to always ask to see their facilities or where the dogs are being kept before getting a dog from them. Some are 'hoarders' in disguise, and some rescue groups treat the pets worse than the places they were 'rescued' from. If they don't let you see the facilities (which in some cases is just dog crates stacked floor to ceiling in someone's basement) don't get a dog from them, and call animal control and ask them to inspect the facility to check on the animals.
I can't count how many times on the news supposed 'rescue' groups were hoarders who honest-to-goodness thought they were doing a wonderful thing by keeping the pets alive, but were in way over their heads and inspectors found dead dogs and dogs living in piles of feces with no water. People who adopted pets from them for $300 and $400 adoption fees never saw where they were being kept, they were always met out front to meet the dog they saw on Petfinder and told "the kennel is closed right now."
If they don't let you see where they are kept, don't get a dog from them and call the state humane society to check on the pets or report your concerns to a local vet who will follow up with the state humane society. Also ask to get a vet reference to make sure their animals are seen by a vet. And bring the dog you adopt to your own vet for a second checkup.
One place in the news gave every owner a Xerox of vet paperwork saying the dog had all its shots. It was just one generic vet receipt she copied over and over and whited out and change the date before she copied.
That being said, most rescues are WONDERFUL groups. But there are enough out there to be wary of, so be cautious. Supporting the bad ones (with high adoption fees) who treat their rescues as bad (or worse) than puppy mills, is no better than sending your money to a puppy mill.
@genegemperline: I believe it. I think his Aussie just got friendly with the neighbor dog because he showed me the mom and I saw all the other puppies. They weren't caged or anything, he just didn't need 6 extra dogs.
@Nicole: Here in LA it's required before they will adopt out of a shelter - do shelters in other places require that as well?
@subtlefrog: Sorry- vague. Do shelters in other parts of the country require pets to be fixed as a condition for adopting them out?
@Urgleglurk: There are also awesome programs out there, I volunteered with and got my dog (who started as a foster) from one - they take dogs in shelters, temperament test them, and take them to schools to have at risk kids train the dogs. Then the dogs get some obedience skills, and the kids get some important life lessons out of it. At the end, they have a graduation ceremony, and hand the leashes over to the new owners if the dogs have gotten adopted, and those who haven't, their kids give impassioned pleas for their dogs. It's really very touching. There are other programs around the country popping up like this one, too.
@subtlefrog: I don't see how it's possible for some of the much younger animals that come in, so I think what some shelters require is that the owners, who are screened, bring the animal back for fixing when the animal is of age. If they don't, that's another matter, but usually shelters do a good job of finding responsible people who have the money to adopt a pet and give it a good home. You can usually tell if people just want a pet for a kid's Christmas gift, and won't think twice about leaving it in the street when times get tough.
@solareclipse2: "That's my shelter dog story."
That makes it sound as if shelter dogs are all poorly behaved miscreants. Just putting this out there - with all dogs, it's about training, and if you need help in doing that, it's about getting the proper help. I've worked with shelter dogs for years and still, when I got my own dog, I needed the help of a good behaviorist - but in one lesson, he turned my dog around (mainly he turned around our behaviors that were causing her problematic behaviors).
Just sayin'.
@pecan 3.14159265: It is possible to spay/neuter cats and dogs as early as 5-6 weeks old. Our two 10-year old cats came from a shelter that doesn't let any pet out its door if it hasn't already been fixed - and we got them at 6 weeks. Not all vets will do it, and there are some risks, but personally I think it's a great idea.
I bought my first dog from Petland. When I got her she was a puppy and I was terrified of dogs. Worked out great for both of us.
As far as the dog growling or biting when they eat goes, it can and should be fixed. We have 2 other rescues and they both have been accustomed to being touched while eating.
When they bit or growled they got flipped on their back until it stopped.
@genegemperline: Enjoys being bothered? No. Accepts it without complaint or violence? Easy as anything. That's the very first thing I've trained into every animal I've owned - dog, cat, or gerbil, they'll all quietly accept me taking the food dish out from under their noses if needed. And yes, I've had very fearful and snippish shelter dogs, too. It's not like it's hard.
@Nicole: basically almost all of the dogs in the humane society of greater nashua come from the south. they get them by the truckload at least once a month. i hate talking about dogs as a commodity or product, but that seems to be the case
@subtlefrog: most reputable animal shelters won't adopt out animals unless they've been fixed and holds off on adoptions until the animal is fixed. and spaying is more important than neutering on a population control level. the key is if you're going to adopt an unaltered animal (esp a cat) you CAN'T let the animal out of the house until it's been fixed. unaltered male cats have HUGE territories which leads to getting hit by a car, or being eaten by something.
@pecan 3.14159265: the humane society I support *won't* adopt out any animals as gifts. and if you have kids, they are insistent on ALL children coming in to meet and greet the animals.
@subtlefrog: i was about to say, anyone who has watched dog whisperer (yes i know it's tv and nothing on tv is really real) most problem dogs are caused by problem people and their latent fear and anxiety. that little kid in jerry maguire said it best, dogs and bees smell fear
@RandomZero: Hey - I agree with you. And if the dog is biting every time you try to take it's food away then that's definitely a problem. But I wouldn't get bent out of shape if that 1% of the time they start growling or acting out. They are animals, after all.
But I will say that I've met plenty of dog owners who don't seem to be able to get a handle on their dog, not seeming to realize how to train them to act appropriately.
@Englishee Teacher: I would opt to take a cat from somebody moving out.
That lady needs to learn some basic things about being nice to animals.
@hardtoremember: Thank you for establishing dominance properly. So many times I hear about people using techniques that have no meaning to the dog.
@pecan 3.14159265: @ShiningSquirrel: These were not "food" pets. Apparently they only eat one certain breed of dog, not sure what it is exactly, since my Korean friend said the name in Korean translates to "poo dog" because they eat their own feces.
I've never known about the puppy mills or abuse until I saw it on the Consumerist, but even so I've never liked pet stores. It always feels like they make the animal less of something that has feelings and more of something like an object to purchase.
The shelter here in Beaufort, SC spays and neuters them. Unless they're too little to have the surgery, you can't get an animal there that isn't already fixed. And then the shelter makes you bring them back (I think) to have them fixed.
The place we got our cat fixed (he was a stray found on the flight line while my husband was at work) 'tattoos' them, I guess so they don't reopen them up if they run across them again. Its really a green glue that seals the cut and dyes a small bit of skin as the cut heals from the surgery, and its not noticeable. I had to double check him when I was telling someone else about it because I wasn't sure if it was still there.
I was always raised with stray animals because my father never wanted any more pets but my mom couldn't just let them go to a shelter (well, except for the chickens, geckos, fish, and rabbits we've had). They've always had the best personalities, after they get used to having a constant supply of food and their new humans. Then again, we've always ended up with stray puppies and kittens, so that might help. My cats still catch bugs and and eat them. It is the nastiest thing to hear a fly buzzing as my baby girl chomps down on it.
If I wanted another animal, I would have gone to a shelter. I'm a member of freecycle here, and I check the freebies on Craigslist, and there are always some animals there that are looking for a home, so I've never had a chance to adopt.
I am impressed with how the shelter here takes care of the animals. The dogs are let outside to run around during the day, and the cats have a big room of their own and take turns running around and playing in it (I think they said the cats that get along with everyone stay out until closing).
@HogwartsAlum: my cousin has a female cat that is perpetually pregnant....every time they bring it in to be spayed, it's pregnant. i don't know why they can't keep the cat IN THE DARN HOUSE....but seriously, it baffles the mind. and irritates me.
@hardtoremember: I also saw on TV how you "barter" with a puppy/dog- if you try to take their food away, offer them a higher trade for it, like a pig ear or something special they aren't accustomed to getting often. The dog learns that you aren't trying to steal their food and calms their butts down when you reach for their bowl, and you don't have the high risk of a bite!
@bohemian: petfinder.com links in to probably more than half of the shelters and rescue groups in the US. You may have to drive a little, but you can probably find ANY breed you want on petfinder. Hell, I can find Korean Jindos on petfinder.
@hardtoremember, Munchie: Alpha rolling is a horrible way to train a dog and it will make them fearful and overly submissive. It is not a proper way to establish dominance. There are so many other, less harmful ways to do it. Just because Cesar Milan does it on TV doesn't make it right.
@Nicole: It's also required (in VA), unless you're a registered breeder, and rescue agencies will do it for you or make you sign something requiring you to. Additionally they give you coupons to make it so much cheaper.
@sinfonian94:
I hate to tell you this, I truly do... but I am involved with a rare breed (still AKC, but less than 2500 total in all of N. America is our guesstimate) and there are a couple mills that are producing our breed and selling them via PetFinder. These dogs they were unable to buy from anyone in N. America (we are very protective and screen like crazy, which of course gets us pegged as @$$holes, can't win sometimes...) so they imported some "breeder dogs" from the Czech Republic. The resulting puppies are incredibly genetically unhealthy - terrible eye problems as an example - and they do ZERO screening with any buyers. On Petfinder, Craigslist, and their "Family Farm Raised" websites they talk the talk of being smalltime breeders who "guarantee" healthy "babies" but they also have been documented as providing puppies for livestock auctions, and dumping non-producer dogs at kill shelters.
They of course did not join our National Club so we are powerless to fight aside from trying to educate potential homes. But when we get pegged as @$$holes who require too much screening and a wait for a pup that is longer than a couple months... off to the web and then to the millers.
Our only saving grace thusfar is that our breed is notoriously difficult to get pups from... not very good return on investment, so the profit-seekers tend to give up. While I curse that fact most times (we spent $$$$ figures for a very carefully planned, screened, and monitored breeding just months ago... and ended up with a singleton puppy... and those are 10x the work that a litter or 4 or 5 is...) sometimes I have to admit that in this particular way, it is a wonderful natural protection against exploitation.
So you still can't give-up or delegate your responsibility of due diligence. Trust no one's screenings but your own. Nothing should substitute for your own research on your best friend for the next decade plus.
JMHO, YMMV.
"The plaintiffs must prove that they were harmed or otherwise defrauded by any misrepresentation of their puppies' origin."
The owner of the now closed Flagstaff location specifically told me "We do not get our puppies from a puppy mill." But my friends who worked there at different time say different about the conditions of puppies they receive in shipment, oftentimes 1 or 2 are dead. They don't care. Petland can burn in a special hell.
















I thought Petland was shut down in the 80's. They were in trouble for the exact same issues that have been on Consumerist recently. Abusing animals and selling puppy mill puppies.
If you just want a dog go to the local shelter. If you must have a purebreed contact your local Kennel Club for referral to reputable breeders.