Dominic Rivera  |  November 11, 2013

Category: Legal News

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

Follow us on Twitter and Facebook for the latest Class Action Lawsuit Settlement News!

 

Class Action Lawsuit Says Banfield Pet Hospital Didn’t Deliver Promise

By Dominic Rivera

 

Banfield failed to deliver on promiseA class action lawsuit filed by lead plaintiff Gregory Pero against Banfield Pet Hospital alleges it does not deliver the promised discounts and savings under its “Optimum Wellness Plan,” which covers more than 1 million pets nationwide.

“Banfield aggressively markets, advertises and sells the plans that purport to offer deep savings and discounts for preventative pet care services and related pet care products,” class action the lawsuit states. Pero alleges that Banfield did not provide the promised savings and discounts, instead upselling unnecessary pet care to its clients.


Banfield’s Optimum Wellness Plan charges a one-time membership fee of $49.95. There is a monthly payment, which according to Banfield could come to about $32 for an adult dog under the cheapest plan. There are reports that pet owners are paying even more and racking up bills when they take their pets to Banfield, according to the class action lawsuit.

Pero’s adult dog is under the mid-level plan costing him $479.40 per year. He says Banfield promised a “minimum annual savings” of $1,008.61. He said that he would have never signed up for the Wellness Plan of he had known about its true costs. He also allege that Banfield “routinely inflates medication costs and tacks fees onto lab tests, further overstating the plans’ benefits.”

“In truth, many plan clients save nothing and others save far less than promised. The savings depend on Banfield providing bundled pet care products and services over the course of an entire plan year. However, Banfield does not actually provide all of the bundled products and services to plan clients and/or the clients do not need all the products and services, and as a result the purported savings evaporate,” the Banfield Pet Hospital lawsuit states.

“Importantly, if the client cancels during the plan year any savings may be wiped out, leaving the client with little more than a history of overpayments. The advertised minimum annual savings also ignore the costs of unnecessary pet care products and services upsold to clients, as well as bogus ‘hospitalization’ and ‘professional service’ fees that Banfield assesses on top of other charges for services supposedly rendered.”

Banfield outlets are located in PetSmart stores but is not named in the lawsuit. Mars, the maker of M&Ms, Twix and Skittles, as well as Pedigree and Whiskas pet food brands, owns the majority stake in the company.

In his class action lawsuit, Pero alleges that for the past four years, “Banfield has misrepresented — and continues to misrepresent — the nature and amount of savings and discounts to be realized through the purchase and use of the wellness plan.”

Aside from asking that the lawsuit be certified as a class action, Pero is seeking damages for unfair business practices, consumer law violations, fraud and intentional misrepresentation.

 

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.

 

All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions

LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2013 Top Class Actions® LLC
Various Trademarks held by their respective owners

288 thoughts onClass Action Lawsuit Says Banfield Pet Hospital Didn’t Deliver Promise

  1. CoVy Copeland says:

    They want money over the well being of our babies.. They killed my robin he died the same day after leaving this place

    1. Tony Carlino says:

      Hi, Covy. I am looking to file a class action lawsuit. My e-mail is info@carlinolandscaping.com Keep me informed and send my your e-mail. My Dog Bella died of Cancer as they sent her home with antibiotics. I brought her to tufts University in Grafton MA one of the best hospitals in the country and they knew right away what was wrong and rushed her into emergency surgery. Please let me know what you can do or what you find out as these people need to be put out of business.

    2. Dori says:

      Is this still active? I would like to sue them I dropped my Lulu off in the morning to help her vaccination, and I picked her up in the afternoon and she was blind. I struggled with her for a year. she was a trooper. when I called Banfield to tell them that I think she’s fading, they asked me if I wanted to drop her off. I said absolutely not and they said well they couldn’t see her until Sunday this was a Tuesday. I pay monthly I should be first seen
      I paid $1500 out of pocket to a vet that did not know me or Lulu. I’ve had to put her down. That was the most horrifying experience I’ve ever had. This was a week after calling Banfield telling them, “I think she’s fading “

      1. Sandra says:

        Hi! I need to file a civil lawsuit against Banfield they made mistakes all over and over and my Lola is dead !
        What did you do?
        Do you have a lawyer?

    3. Immaculate Marie Eterginio says:

      Hi Covy, How do I get started with this class action suit. My 15 year old Shiba Inu was not properly diagnosed when I brought her in for sores on her joints. Her usual Vet of 12 years was on vacation but had to get her in to see what was going on. The vet that was there, just watched her walk and noticed the sores were at her joints and decided it was arthritis, without even putting her on the table to examine her. Then, of course put her on an anti inflammatory and pain killer. That was Nov. 1st 2019. Sores kept showing up on other parts of her body, face, ears, behind the ears. Went back Banfield in Port St. Lucie, Fl. to see her Vet. She took a look and said it was mange without doing a culture or scraping of the sores. More meds. Not getting better, so her Vet suggest a Canine Dermatologist. He checked her out and said, by looking at her sores and the medical book, diagnosed her with Auto Immune Disease of the skin. More meds. In 2 weeks he wanted to sedate her to do a biopsy of the sores. Hell no. I know she was old and had Dementia couldn’t hear and slept a lot but not putting her under sedation. She expired on Dec. 27th 2019. When I called Banfield to cancel the account, they said I would have to continue paying $51.00 a month until the contract was up in October. I blew steam and said for what. Oh, because of the discounts you got when she had her teeth cleaned and the minor surgery she had on her back. Then what am I paying $51.00 a month for. She said she would work with us and we would only have to pay until May. What a bunch of thieves. I wold like to get in on this class action law suit.

  2. sandrinequiquerez says:

    The only time I used them ever, the vet made up a diagnostic they let my beloved basset hound Daisy die miserably. It was 08/2010 in AZ. She had a cancer than should have been operated on ASAP…instead the vet said she hurt her spine playing and gave her cortisone…she kept on throwing up and having diarrhea which the vet blamed my food for that! She got extremely bloated, an ulcer had opened from the vomiting …she died in my car in my arms after getting fluids from another vet (my good vet), we just had set a surgery for the next morning…Banfield has no business taking care of your pet because they don’t take care of them …they cash in your money…

  3. Kathy says:

    I too understand all to well about Banfield Animal Hospital. I paid for a year and did not have the dog..Now I am paying again because they over charged my account and will not listen just want there money .. I need help not paying over 200 dollars when I tried to cancel program. How do you join this class action suit.

  4. 3yorkies says:

    We too need to see what can be done to join this lawsuit. We lost your little miss Daisy Mae February 14th due to a Banfield office. We called to cancel her wellness plan (purchased it less than 12 hours before we had to put her to sleep) and they told us we had to continue to make payments for the next 6 months to cover their costs. My husband knows the details better than I do but we need to know what can be done. Knowing my dog is not the only dog who has been neglected by Banfield breaks my heart even more. I will NEVER go to another Banfield Animal Hospital!!!

  5. David Bloyd says:

    How do we join as well? We have had two dogs on the plan and have been trying like crazy to get out of the plan, but Banfield won’t let us cancel.

  6. Michelle Brunner says:

    How can I join this lawsuit? I had 3 dogs on there top plan but stopped paying when they killed my 6 year old Pomeranian, Missy. They had the nerve to give me a bill for $300 in charges I didnt authorize all of which killed my dog. Read her story at banfieldkilledmissy.com

  7. Beth says:

    We had our cairn terrier under the Optimum Wellness Plan paying $45.95 per month. Before our dog became ill, we took him in only when he needed his routine vaccines etc. Never had to use the plan otherwise and basically paying every month without use. Then our dog became very ill and they “Banfield” could not figure out what was wrong with him. Although we had the Optimum Wellness Plan, we still paid a hefty amount of money to have an additional x-ray to see what was wrong. We had to take him in and he was given an IV for dehydration from the constant throwing up, and we had to pay for that too, because, oh surprise, it was not covered under the plan we had been paying for over months without incident or use. The plan renewed in Feb. of this year 2014, and he had all of the routine tests conducted included in the plan. Then we were told he needed to have some other tests done. We came out of pocket for that too. Wound up taking him back and he had seen 5 vets at this point and none of them could figure out why he was so sick. We wound up having to put him down March 21, 2014…a day forever etched in my mind…it was horrible. My husband and I returned home and I phoned Banfield to inform them our dog was put down and cancel the policy. They told me I could not cancel the plan. I explained to them it was insane for me to pay on a plan for a dog I no longer have, had to put him down (just 45 minutes before phoning them), and they did not seem to care. They said I would have to continue to pay on the policy until Jan. 2015, because our dog had received treatment from the vets that they need to get paid for. Excuse me!!!…the plan rolled over, he received the routine exams and how do I owe money for services rendered? The plan also say’s when your animal is sick you have unlimited visits to the vet at no additional cost, except every time we took him we were paying for something else not covered under a so called “discounted” price. I was livid that she said I received services to the tune of $700 and since the plan had just rolled over and the vets had seen him and provided services they had to get paid. Is this not what I have been paying into for the past two years, of which I we have never had to use outside of regular routine visits and all the other months in between when not used paying at $45.95 per month, I should have a credit well beyond $700. They did not care that I had to put my dog down and they could not figure out what was wrong. They refused to terminate the contract and are billing me monthly since March 2014 until Jan. 2015. I am going to have to dispute the charges, try to get the money back via my bank. Close that debit card and get a new one, so that they can no longer rob me out of the money they have already robbed from me. I am reporting them to the BBB and I hope they get taken for millions for all the money and underhanded practices they have dealt to every pet owner that has paid them. It is appalling to me that they can get away with this and they certainly do not tell you this when you sign up, but they certainly stick it to you once all is said and done. I am absolutely disgusted with Banfield and every time they deduct from my account it brings back the sting of having to put our family member down. Hope they get what’s coming to them.

    1. Nick Jonihakis says:

      Beth,
      the just did the same thing to me. I was on a wellness plan (highest one) for about 3 months and after a short illness we had to put our dog to sleep. In trying to cancel my monthly account they said that they had ‘pulled’ future payment services and I owed them over $300.

      1. Nick Jonihakis says:

        All, I just filed a complaint with the BBB in the State of Washington for their HQ location.

        You should do the same.

        http://www.bbb.org/alaskaoregonwesternwashington/

    2. Z says:

      Did you not read your agreement? What you signed had the services that your plan includes in detail on page two item by item… It should be of no surprise of what is and what is not included. They provided you services up front that you agreed to pay for. So why now do you decide to refuse to pay for service they provided prior to your pet passing? Whose is the scammer here?

  8. Kay West says:

    I would like to file a class action suit against Banfield. I have no idea how to begin. I’m searching for an attorney to take the case and beginning to collect contact information of other people that have had the same experience. So far I have found two other families that have had identical experiences with Dr. Hudson and spaying their pet.
    I took my puppy in to be spayed and she was butchered. Her stitches were done incorrectly, crooked and too tight. We had to bring her in and they lied and told me she was having an allergic reaction. In reality another doctor drained and redid her suture. This is what was on the invoice and what the doctor left on my voicemail was that she had an allergic reaction. An allergic reaction would not cause you to have to do surgery. This time the suture was smaller and aligned. Days later she is hemorrhaging, has lost her appetite and the hematoma is just a bit smaller than a tennis ball.
    I pay them monthly $40 per month, on top of the fact that every month I go in I usually have to spend an additional $100 because they don’t like the look of her ears and it could be an infection, or I need to buy this for that etc…
    Corporate advises me to resolve this with the “Leadership Team” which oversees the hospital I am complaining about. No one gets back to me. They put you on hold listening to classical music for 30 minutes at at time. They won’t let me out of the plan nor rectify anything unless I basically deal with the same hospital. I asked them to recommend me to another reputable doctor within the area and the rep said “I am not in the medical field I cannot recommend a doctor to you.” That is another thing the front desk manager said to me at the hospital. When I showed her the photos of what was done to my dog she said “well, have you taken him to a vet?” I thought that was what Banfield was a hospital with veterinarians.

    1. Tony Carlino says:

      Hi Kay, I am looking to do the same thing. My e-mail is info@carlinolandscaping.com Keep me informed and send my your e-mail. My Dog Bella died of Cancer as they sent her home with antibiotics. I brought her to tufts University in Grafton MA one of the best hospitals in the country and they knew right away what was wrong and rushed her into emergency surgery. Please let me know what you can do or what you find out as these people need to be put out of business.

  9. John v says:

    If you love your pet, go to a real vet. I worked for the company there vets techs are not licensed and there DR. Are fresh grads with no exp.

  10. Stephanie Fama says:

    Let me tell you are story…….
    Four years ago, I found a stray toy poodle. I brought her to Banfield Animal Hospital to get an exam and spayed if needed. She was quite dirty and skinny. The vet did the exam and told me not to worry that she was already spayed. I said ok. No reason to doubt him. Since then, I have been bringing my pets to Banfield under Wellness plans. We named her Babycakes and since we found her in December, she was my Christmas Angel. She won my husband’s heart and she already had mine.
    On December 29th, Baby Cakes got real sick. I called Banfield and they did not have time to get her in even though I had all these health plans. It happened so quickly. She was fine on Saturday. Later that day, she was not doing well. We took her to the ER in Phoenix. The Dr. examined Baby and said she thought she had Pyometra , which is a uterus infection that is quite serious. We were in shock! All this time, we thought she was spayed! The Doctor said she needed surgery. I called Banfield and they said I would have to wait for the Dr. to come in. I did not have time to wait. I brought her to Arrow Hospital to make sure it was Pyometra and had them perform the surgery. Supposedly the surgery went fine and I brought her home. She was not doing well that night. The next day, I brought her back. We left for a while to do some chores and were told to pick her up at 2. Babycakes died about ½ hour later on New Year’s Eve! My husband and I are devastated! After all this time and a clean bill of health in September by Banfield Hospital, we never knew she had not been spayed. She was full of life and energy and a big presence in our lives. You would have to be a dog lover to know the extent of the pain we feel. Babycakes had so much more life and happiness ahead. Are Banfield Hospital’s really performing all the test that they say they are under these plans? How do we know for sure?
    Thanks for listening,
    Stephanie

    1. Carol says:

      Hi Stephanie — I would like to speak with you if you get a chance. My sister had a horrible experience with her dog at Banfield. She took her dog into a Phx facility to be spayed. The procedure was completed and my sister was told that everything went well. The physician’s notes reflected that both ovaries and the uterus were removed. For a year thereafter, the dog continued to have problems and my sister continued to bring her back to Banfield. Finally, my father recommended a different vet, and my sister took the dog to the new place. The new vet said there was definitely a problem and they ran a series of test. The dog was admitted for emergency surgery, and when she was opened up, she still had her uterus and both ovaries. The new vet said that it was the worst case of malpractice that he had ever seen and fortunately, he sent all the tissue out to a lab for confirmation that in fact the dog’s ovaries and uterus had been left inside. Long story short, we filed a claim with the Az Veterinary Board who ultimately determined that the Banfield vet was “grossly negligent”. How many more cases like this are out there?? My sister’s dogs are her children. She has been devastated by what they have done to her dog. And worse still, during the year after the surgery when she kept bringing her dog back, they made her feel like she was causing trouble and the problem was her, not her dog. Their behavior towards my sister was nothing short of nasty, and the failure of the other vets at Banfield to diagnose the problem with the dog during that 1 year period after the “spay” was just another form of gross negligence.

      1. todd says:

        My dog died too. They examined her and said that her lethargy was not due to Parvo. Two days later our little puppy died of Parvo

    2. todd says:

      My dog died too. They examined her and said that her lethargy was not due to Parvo. Two days later our little puppy died of Parvo.

Leave a Reply

Your email address will not be published. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. Required fields are marked *

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.