WEST PALM BEACH, Fla. 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.
The Humane Society of the United States is the nation's largest animal protection organization with 9.5 million members and constituents. The HSUS is a mainstream voice for animals, with active programs in companion animals and equine protection, disaster preparedness and response, wildlife and habitat protection, animals in research and farm animal welfare. The HSUS protects all animals through education, investigation, litigation, legislation, advocacy, and field work. The non-profit organization is based in Washington and has field representatives and offices across the country. On the web at hsus.org.
