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Sold A Sick Animal?

Frog sold with leg infection.

With the number of animals the average pet store sells, some are going to get sick no matter how careful the store is. This is especially true if the store is dirty, overcrowded and lacking proper quarantine procedures (as many are).

Where the animals come from can also negatively impact their health. Known as 'pet mills', pet store breeding facilities produce animal after animal in warehouse like conditions. Animals are considered livestock – not pets. Because animals are bred for quantity, not quality, unmonitored genetic defects are passed on from generation to generation. Many pet store pets (such as Mickey) develop congenital problems such as hip deformities, epilepsy, and vision or hearing problems. Serious illnesses such as parvovirus, distemper, and ear, skin, and respiratory infections are also common.

Animals are even more likely to have health problems if they were wild caught and imported from overseas. These animals (usually reptiles, amphibians, and fish) are caught using cruel traps and toxins. After capture, they go through a long, complicated ordeal that causes extreme stress and up to an eighty percent mortality rate. These wild caught pets always have a long list of health problems that dramatically shorten their lifespans.

Altogether, the chances of purchasing a sick pet store animal are EXTREMELY high. Fortunately, most pet purchasers aren't without recourse if sold a sick pet.

Please note: All animals purchased from pet stores should visit an experienced veterinarian BEFORE they are brought home (this is especially important due to zoonotic diseases and the threat to preexisting pets).

SOLD A SICK PET

If a pet store has sold you a sick or injured animal, first find out about the store's pet warranties. Most stores offer two or three options:

  • Return the pet for a refund.

  • Return the pet for a replacement of the same species.

  • Keep the pet while getting a full or partial refund.

  • Keep the pet while getting a full refund and reimbursement for veterinary bills (this is a fairly rare policy).

You need to realize that if you return the animal it will be euthanized or sold to the next unsuspecting customer. And a "replacement" animal will most likely have the same problems.

Before deciding on an option, it is best to find out if your state has a pet lemon law in effect (SEE BELOW FOR MORE INFO).

If you decide to keep the animal, seek veterinary attention as soon as possible. Document everything (bills, diagnosis, treatments) and have the veterinarian sign a statement stating what the animal has been diagnosed with.

You should then submit a written complaint to the pet store, including a copy of the veterinarian's letter, and, if possible, photographs. Make sure the pet store receives the complaint within 2 days of the animal's diagnosis.

Once the complaint is given in writing to the store, try to reach a settlement. If you are still unsatisfied after speaking with the store, there are several actions you can take:

1. Go to your local courthouse and fill out a small claims form (no attorney needed). When you file the form (approximately $6), you will be given a court date. At the hearing, present all your veterinary and related bills - including any additional equipment you bought. (Be sure to get a statement from your veterinarian.)

2. File a complaint with the attorney general's office. They can handle complaints on services not performed, charges for services not received, etc.

3. File a complaint with the Better Business Bureau (BBB). They will contact the pet store in an attempt to resolve the dispute and notify you usually within 25 days. The BBB does not have enforcement capabilities, so the pet store may not respond to the dispute. If this happens, the BBB will notify you with your next options. The BBB may choose not to file the information as a formal complaint, but will add this to the confidential file on the business.

4. To help the other animals in the store, file a complaint with the pet store licensing department for your area (usually the agriculture or health department). The more complaints they receive, the more likely they are to investigate the store and its practices.


Lemon Laws

Because the risk of buying a sick animal in a pet store is so high, several states have enacted "lemon laws" that give pet store consumers some protection. For a complete list click here.

Pet lemon laws give pet store customers the right to return a sick or dead pet (most laws apply to dogs, sometimes cats) for a refund or replacement. Most also give customers the option of retaining the pet, having it treated and getting some level of reimbursement for veterinary expenses (the amount of reimbursement is usually limited to the purchase price of the pet plus sales tax).

In most states, the owner has one to two weeks to return the animal, with a certificate from a veterinarian stating that the dog has a serious disease or congenital defect that was present when the dog was sold. If the dog suffers from a congenital disorder, the owner may have up to a year to return it to the pet store and/or get a refund.

If the pet store refuses to refund or reimburse a customer within a certain number of business days following receipt of the veterinarian statement, the customer can file an action in court to resolve the dispute. The prevailing party in the action is usually awarded reasonable attorney fees if the other party acted in bad faith in seeking or denying the requested remedy.

Pet stores do not have to pay reimbursements if the animal's illness or death resulted from maltreatment, neglect, or injuries that occurred after the sale; or if the veterinary statement received at the time of sale discloses the disease or condition. Parasites are not a qualifying illness for compensation under most laws.


Stop the Cycle

It's important that others know about an irresponsible pet store. Spread the word by mouth and over the internet. You can also:

  • Contact the media.

  • Organize a protest in front of the store.

  • Share your story online by e-mailing me at lexi@petstoreabuse.com



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