PAWSitive Tries to Dodge Petland Sick Puppies Class Action

A Petland sick puppies class action lawsuit should not include PAWSitive Solutions, a vet referral service used by the pet store chain, according to the company’s motion to dismiss.

The Petland sick puppies class action lawsuit alleges that Petland knowingly sells pets sourced from puppy and kitten mills and falsely advertises them as healthy and charges a premium price.

According to the Petland class action, pet owners not only face the devastation of losing a pet, but also risk becoming ill themselves from the sick pets.

PAWSitive Solutions is a veterinary referral service used by Petland. The Petland sick puppies class action lawsuit claims that Petland and PAWSitive Solutions are in cahoots, with PAWSitive protecting the interests of Petland.

The plaintiffs say that they and other customers are required to call PAWSitive Solutions if their pet becomes ill as a part of their contract when they purchase an animal. Rather than looking out for the best interests of the pets and their owners, the plaintiffs allege that PAWSitive protects the interests of Petland.

In its recent motion to dismiss the Petland class action lawsuit allegations against it, PAWSitive says it has no role in sourcing or selling the ill animals.

PAWSitive points out that it is included in only a handful of allegations brought by the class action and, for many of those claims, it is simply lumped in with Petland.

“There are only a handful of plaintiffs’ allegations specifically referencing PAWSitive,” states the company’s motion to dismiss the claims against it. “At most, plaintiffs lump defendants together in many of the allegations. The Complaint is strewn with these types of allegations that fail to describe any specific conduct by PAWSitive, only mentioning it in passing.”

PAWSitive Solutions also takes issue with allegations that Petland requires customers to use its service as a “first resource” should their pet become ill after purchase. According to PAWSitive, the purchase contract makes it clear that pet owners are in charge of their pet’s health and are able to select the veterinarian of their choice.

The Petland sick puppies class action lawsuit was sparked by a woman and her daughter who said that the miniature Schnauzer they purchased from the store was contaminated with a Campylobacter infection that caused the daughter to become ill.

In fact, alleged the plaintiffs, Petland sold hundreds of infected puppies that led to hundreds of Campylobacter infections in humans. Campylobacter is bacteria that usually causes a high fever and diarrhea, but can also cause arthritis and even death.

According to the Petland class action lawsuit, the CDC mounted an investigation into the reports of Campylobacter and found that more than 100 people were sickened from infected puppies.

The pet owners are represented by David James Worley and James M. Evangelista of Evangelista Worley LLC and by Irwin Marc Ellerin of Ellerin Law Firm.

The Petland Sick Puppies Class Action Lawsuit is Singleton, et al. v. Petland Mall of Georgia LLC, et al., Case No. 1:19-cv-01477, in the U.S. District Court for the Northern District of Georgia.

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