CHARLESTON – A Charleston man says Petland knowingly sold him puppy that had health issues the company knowingly kept from him.
Alex Jonese filed his complaint against Petland Inc. in Kanawha Circuit Court.
According to the complaint, Jonese purchased a Shetland Sheepdog from the Petland store located in South Charleston on January 2. He says the company used fraudulent, deceptive and misleading representations to entire him into signing the purchase agreement.
Cary
“Petland is known for their predatory and dishonest sales practices, and they continuously misrepresent the quality of their breeders and standard of care for their animals by using false assurances to the consumers that their animals come from top USDA breeders,” attorney Michael Cary, who is representing Jonese, told The West Virginia Record. Cary also said he wants to make sure Petland is held accountable “for misleading West Virginians as to the nature and quality of the animals they are selling.”
“Specifically, the plaintiff purchased the puppy from the Petland Charleston at a premium price and relied on Petland’s false assurances that it sells high quality healthy puppies from a ‘Top USDA Breeder’ and that Petland ‘hand selected each of their dogs,’” the complaint states, but adds that “the breeder information provided with the pet profile does not even identify a United States Department of Agriculture certified license number nor does one exist.
“Moreover, a distributor is clearly listed on the pet profile thus making it impossible for the defendant to ‘hand select’ their puppies.”
Jonese says Petland assured him the puppy would meet the standard breed size, but he says “it is clear the puppy’s growth is not up to the proper standard for its breed.”
He says the store also failed to disclose to him the puppy had been treated with two medicines – Ivermectin and Metronidazole – for unknown reasons.
“These troubling issues were deliberately concealed and omitted from the plaintiff in the transaction for the Shetland Sheepdog puppy, and the plaintiff relief entirely on the assurance of the defendant that the puppy was a healthy puppy personally hand picked by a Petland employee that would meet the breed standards,” the complaint states.
Jonese says the defendant’s conduct has caused oppression, abuse, aggravation, mental anguish, stress and inconvenience. He says Petland is liable for the acts of its employees.
He accuses Petland of unlawful sales practices in violation of West Virginia consumer protection statutes, negligent misrepresentation and unjust enrichment. He says Petland’s actions allowed the company to inflate the price of the puppy.
In its answer, Petland denies the allegations.
Jonese seeks compensatory damages, statutory damages, statutory penalties, attorney fees, court costs and other relief.
He is being represented by Michael M. Cary of Cary Law Office in Charleston. Petland is being represented by Robert Akers, Sarah Meadows and Ashley Deem of Thomas Combs & Spann in Charleston. The case has been assigned to Circuit Judge Louis “Duke” Bloom.
Kanawha Circuit Court case number 21-C-424
