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$20 Million Lawsuit Filed Against Petland

December 10, 2008, 3:43PM MT

By Jennifer S Hayes

Former franchisees accuse Petland and Hunte of fraud, negligent misrepresentation, and sick puppies

Former franchisees accuse Petland and Hunte of fraud, negligent misrepresentation, and sick puppies

By Jennifer Hayes, Best Friends staff

Shortly after the recent exposé, confirming that thousands of the dogs sold at Petland stores originate from puppy mills, the infamous chain once again finds itself in the ‘doghouse.’

A class-action lawsuit was recently filed in Ohio against Petland and several of their preferred vendors, including Hunte, the distributor of Petland’s puppy “stock.” Former franchisees are seeking $20 million in compensation, as well as the cancellation of franchise contracts, claiming fraud, breach of contract, negligent misrepresentation, and additional charges.

The lawsuit states that “Plaintiffs and members of the class were fraudulently induced to purchase failing Petland franchises for hundreds of thousands of dollars per franchise when Petland knew, or should have known, that the franchises could not succeed.”

Gregory Melick, Esq., the Luper Neidenthal & Logan, Ohio counsel representing the plaintiffs, noted, “Counsel has been in contact with, or have been contacted by, upwards of 70 [former franchisees],” all whom were forced to shut down. “I receive a handful of phone calls and/or emails every day.”

While Petland estimates an expenditure of $75,000-$125,000 to set up a franchise, Melick believes that actual cost is closer to $250,000, which includes a franchise fee of approximately $25,000, store assets, and initial inventory. That, along with allegedly overpriced merchandise and diseased animals provided by preferred vendors, has caused many businesses to fail within 18 months of opening.

“The ‘System’ is broken, and Petland franchisees are set up to fail from the beginning,” commented Melick.

Then to further add insult to injury, if the location closes, the suit notes that the franchisee is charged “an exorbitant termination fee” and then corporate Petland “flips” the store to another unsuspecting investor.

“Preferred Suppliers”

Many of the franchisees’ financial woes can be attributed to the fact that Petland pressures the stores to purchase stock through their own preferred suppliers. In fact, the point of sale inventory system provided to the stores actually shuts down if a certain number of puppies are not purchased through Hunte monthly, according to franchisees.

Sadly, this is nothing new to Melick, as he is also representing Lucinda and Fred Arnold in a prior lawsuit, which charges Petland with providing false or misleading information, as well as selling them out of date inventory, a faulty ventilation system, and a defective inventory system.

Not surprisingly, one commonality between both suits – the puppies sold to the stores by Hunte, Petland’s preferred vendor, were sick and in need of veterinary care - costing the franchisees in both lawsuits significant amounts of money that would eventually contribute to the closure of the stores.

Melick noted that the Arnold’s business, in small-town Marietta, almost immediately came to be known as “the sick puppy place” and as their lawsuit states, “Approximately 38, or 82%, of the initial 46 Hunte puppies ordered for the Grand Opening were sick when they arrived from Hunte, or shortly thereafter, and all requiring antibiotics, cough syrup, breathing treatments, and/or ear cleanings, and with 3 puppies thereafter actually dying of parvo and/or viral interitis.”

Of course, this news is nothing new to animal welfare advocates, who are well aware of the continued complaints of Petland selling sick puppies. Perhaps this recent lawsuit will help to draw more attention to that fact that while those puppies are cute, their diseases and other medical issues, attributable to their puppy mill origins – are now not only the source of heartbreak for consumers, but also financially ruined franchisees as well.

HOW YOU CAN HELP:

? Let the CEO of Petland know that you will not patronize any Petland stores until the corporation ceases the sales of puppies.

Greg Hudson, CEO
Petland Corporate Offices
250 Riverside St.
Chillicothe, Ohio 45601
Phone: 740-775-2464
Toll Free: 1-800-221-5935

? If there is a Petland or other pet store that sells puppies in your town, join or form a peaceful demonstration in your own community. Look at this calendar to see if there is a protest near you. Even an hour or two a month goes a long way toward helping support a successful demonstration. Following are links that contain tips on how to get started.
• Nine things you can do to help stop puppy mills
• How to Organize a Peaceful Pet Store Protest Action Kit

? You can help put the cruelty of puppy mills out of business. Please consider donating to the Puppy Mill Rescue Fund and joining The Truth About the Pet Trade community on the Best Friends Network.

? Do not patronize stores that sell puppies and kittens; not for an animal, not even for supplies. Even if it is a little more inconvenient or expensive, please choose to shop at stores that support animal rescue. Request that your friends and family to do the same.

If you are considering a new pet, please adopt from a shelter or rescue, do not purchase from a store. You can search through thousands of homeless animals posted on Petfinder.com to find one near you.

For more information:
• Former Petland franchisees suing chain
• Suit filed against Petland
• More Franchisees Sue Petland and Hunte
• Petland and Hunte Corp. Accused of Illegal Business Practices and Selling Sick Puppies

Photo credit: taken by Jennifer Hayes

Comments

Posted March 18, 2009, 11:50AM by braveslover

Thanks for the info, Jennifer!

Posted December 12, 2008, 8:31PM by SharonandBrando

Tomorrow in Janesville, WI there will be a protest from 10:00 a.m. to 2:00 p.m. I'll be there with my canine best pal, Brando as will many others. It's so important to spread the word and get involved. We are their voice. www.nowisconsinpuppymills.com or http://pets.groups.yahoo.com/group/MilwaukeePetStoreProtest/

Posted December 13, 2008, 9:22AM by ruthy92

Lambriar is another broker like Hunte Corp that supplies Petland!!

Posted December 11, 2008, 1:8PM by southerndogmom

I simply cannot count the number of times I've had a conversation with someone about the commercial dog breeding industry, only to have them seem shocked and say, "oh my gosh! I had no idea! How is that legal?" Public awareness is key. People need to realize what they're supporting when they purchase a pet store puppy or an animal from the internet. Only when people are outraged enough to stop buying will the industry cease to be profitable. Then maybe we can turn to adopting and stop killing five million animals each year. Dare to dream.

Posted December 16, 2008, 1:28PM by kellio

It's great to hear that so many people are jumping in to speak out in peaceful protest in front of their local puppy stores!

Check the Truth About the Pet Trade calendar to find a peaceful protest near you.

If you have a protest or other pet trade-related event you'd like added to the calendar, e-mail kellio@bestfriends.org

Thank you,
Kelli Ohrtman
Best Friends Campaign Specialist-Puppy Mills

Posted December 11, 2008, 11:8AM by bicycleboy

Finally people are stepping up and going after Hunte Corp. As previously posted, we have to take the profit out of the puppy mill business to effect change. God knows of his 4 legged childrens suffering and those that cause their suffering will be held accountable. The time of reckoning is upon us. We here in Minneapolis will be protesting at our local Petland stores on Sat Dec 20. I challenge all of us, nationwide, to get out to your local Petland and let your voices be heard. We are rescue, we number in the millions, the time to be united is NOW

Posted December 11, 2008, 12:35PM by summerlomba

This seems like a tough case to win but it will still bring more negative publicity and awareness about puppy mills. "Not in our community" is what our signs read for our protest coming soon. We need to liken our protests to the protests people do when a child molester is being released from prison and put into a neighborhood. When people think of puppy mills and stores that sell their dogs there should be a instant negative feeling that comes to people's minds. Once that happens and the public turns away from this disgusting business, puppy mills will be put out of business for good.

Posted March 18, 2009, 10:6AM by braveslover

I bought a puppy from Petland in Murfreesboro, TN. This puppy cost me $1000 for a "Yorkiepoo". Turned out, he is a cock-a-poo, with Yorkie markings. His papers? I have 2 sets with 2 different born dates!
I called Petland, they wouldn't return any of my money and told me "they would take the dog back", but at this point, I have already fallen in love with "Bailey" and there was no way I would return him. They knew this.
They are crooks, and now that I hear about them buying from puppy mills.....horrible!
If I can join this lawsuit, please let me know. I want them to go down for the suffering of all the animals and the deceit they showed me!!!!
Thanks....Pam Alcorn, Nashville, TN palcorn@bellsouth.net

Posted March 18, 2009, 10:23AM by jhayes

This article is about a lawsuit by former franchisees; however, the HSUS has also filed a class-action suit against Petland and Hunte. You may want to contact them online or call 202-452-1100. For more information on this, see Petland Faces Class Action Lawsuit .

Posted March 21, 2009, 2:22PM by Chloesherie

I purchased a Miniature Schnauzer from the Petland in Holland Ohio (near Toledo). She was bouncing around and very vibrant. She seemed to be very happy and energetic. After the purchase they handed us 7 bottles of medication and said that she was sick. She was bouncing around due to an OD of cold medicines and histamine blockers. They went out of Business that day. She was very expensive and we then had breathing, worm and parasite problems for months after. She is now 3 years old and has breathing problems. I feel horrible for any animal that has to be born into these poor conditions. I just hope that one day the Government will be able to stop this cruelty.