Attorney General Corbett obtains restitution for consumers who purchased sick dogs; "Pet City" store owners to cease selling dogs for five years

November 17, 2005

HARRISBURG - Attorney General Tom Corbett has obtained nearly $6,000 in restitution for consumers who claimed that "Pet City" store owners sold them sick or diseased puppies and then denied or delayed paying their veterinary expenses that they incurred to treat or save the animals. The Northeastern Pennsylvania store owners will also forfeit their right to sell dogs for five years, plus pay $1,500 in fines and costs.  

Corbett said an "Assurance of Voluntary Compliance" agreement was reached with the Attorney General's Bureau of Consumer Protection (BCP) and:

• Charles R. Shotwell, his wife Carol A. Shotwell, also known as Carol A. Holminski, 637 Catherine Street, Bloomsburg, Columbia County. 
              
• Pet City and Supplies Inc., 1120 Montour Blvd., Danville, Montour County.
              
• Pet City North Inc., 248 West Side Mall, Edwardsville, Luzerne County.
              
• Pet City West Inc., 2062 Lycoming Creek Rd., Garden View Mall, Williamsport, Lycoming County.

The agreement resolves alleged violations of Pennsylvania's "Puppy Lemon Law." Consumers entitled to restitution will receive payments that range between $8 and $800.  

According to BCP agents, the Shotwell's through 2005 advertised and sold mostly purebred and some mixed-breed puppies at three "Pet City" locations. Consumers paid between $265 and $1,300 for the puppies on display in the stores.  

Many consumers claimed that the animals they purchased suffered from a number of illnesses or health problems including, kennel cough, coccidiosis, parasitic infections and hearing loss. When notified about the various illnesses from consumers, the Shotwells allegedly denied claims that the animals were sick at the time of sale, and refused to pay any vet bills associated with treating the dogs. In other cases, consumers claimed that the Shotwells acknowledged responsibility for the animals' health yet failed to reimburse their veterinary costs in a timely manner as promised.

One Lackawanna County family said they experienced serious medial problems with the male chocolate Labrador retriever that they purchased from the Shotwells. Within six months, the puppy was diagnosed with hip dysplasia, a genetic condition that cripples and severely limits a dog's range of motion. The consumers informed the Shotwells that their puppy was diagnosed with the condition and required treatment.  According to the consumers, the Shotwells at first refused to compensate them for their veterinary expenses denying that the dog had the debilitating condition. After the Attorney General's Office became involved in the case, the Shotwells agreed to pay the consumers' vet expenses.

In other instances, consumers claimed that Carol Shotwell was not only uncooperative but hostile and attempted to intimidate them when they contacted her seeking reimbursement of veterinary bills.

"Under the state's 'Puppy Lemon' law, dog purchasers have a right to be compensated up to the purchase price of the dog, if it is sick or diseased at the time of sale," Corbett said. "The settlement in this case ensures that all eligible consumers are reimbursed for their out-of-pocket veterinary expenses and prohibits the pet store owners from selling dogs for a five-year period." 

Corbett urged consumers who suspect that they are entitled to restitution in the case to contact the Bureau of Consumer Protection at 1-800-441-2555 to obtain a complaint form. Those who wish to file a complaint online can visit www.attorneygeneral.gov.

Under the terms of the Assurance, the Shotwells agree to:

• Pay nearly $6,000 in restitution to 20 consumers.
  
• Pay $1,500 in civil penalties and investigation costs.
  
• Submit valid complaints to the mediation program administered by the Bureau of Consumer Protection.
  
• Forfeit their right to sell dogs for a five-year period.

The agreement was filed in Commonwealth Court. The case was litigated by Senior Deputy Attorney General Jim Sysko of the Attorney General's Bureau of Consumer Protection in Scranton.