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| issue | issue > bauck > complaints: consumers
KEY MESSAGE: Puppies produced at Pick Of The Litter kennel have been sold at pet stores throughout the nation. Some consumers unknowingly purchased unhealthy puppies and have filed complaints. This is a consumer fraud issue. NOTE: One of the issues with pet stores (and their websites) is the fact that some stores do not disclose where the animal is bred prior to purchase, or may mislead customers into thinking that their puppies were bred and raised by small, reputable breeders.
CONSUMER COMPLAINTS Misleading sales practices at some pet stores combined with improper dog breeding conditions not only results in harm to the animals, it can also effect consumers who may (unknowingly) purchase a sickly dog or puppy from a pet store or through the Internet. The animal may die soon after purchase or end up costing the consumer hundreds or thousands of dollars in veterinarian bills. This is a consumer protection issue, yet often consumers don't know where to file a complaint or may not know the origin of the dog — i.e., who produced the dog and sold it to the pet store. Some consumers have bought unhealthy puppies that have been traced back to Pick Of The Litter, where Kathy Bauck has either bred the dog herself or brokered the animal (purchased from another breeder). No centralized, national database of consumer complaints for unhealthy pets exists, so it's difficult to assess the truth depth and breadth of the consumer problem.
REPORTS: PET SHOP PUPPIES A website called www.petshoppuppies.org helps consumers obtain information about the breeder/broker of their dog, if purchased from a pet store. The reports on their website show both healthy and unhealthy dogs purchased. The postings for Kathy Bauck's kennel is lengthy (33 different reports entered for dogs purchased between the years 2002 and 2008); the majority of reports posted show unhealthy dogs purchased. Examples of the consumer reports (from the link above) are below, showing a variety of years and pet stores. Each puppy purchased within each report came from Kathy Bauck, as a breeder — one indicates Bauck as a broker. Report states dog breed, date purchased, pet shop and dog's health condition.
MINNESOTA: COMPLAINTS FILED Consumers have also attempted to file complaints over the years with various Minnesota agencies and departments. Unfortunately, as Minnesota has no state law to license and regulate dog/cat breeders, consumer complaints filed (indicating unsanitary or substandard breeding conditions) tend to go no where. No state agency has been given the legal authority to inspect dog/cat breeding facilities. The MN Board of Animal Health (BAH), for instance, upon receiving a consumer complaint, has stated:
In other words, Minnesota has a state law to regulate animal shelters or other organizations that take in strays, abandoned or unwanted animals but Minnesota does not have a state law to regulate dog and cat breeders, who produce the animals that may end up as strays, abandoned and unwanted animals. Lack of jurisdiction also applies to the Minnesota Office of Attorney General, the Minnesota Department of Agriculture and other state agencies. When citizens have tried to file a complaint about purchasing a sick pet with other state offices and departments, these entities tend to refer people back to the BAH. With no legal regulatory authority, the BAH, in turn, directs citizen complaints to the USDA office — or, if it's criminal, encourage people to contact their local sheriff, police department and/or humane society. One example:
COMMENTARY: Ultimately, the above is due to "jurisdiction" — i.e., if a state board, agency, department or office is not granted jurisdiction (the power, right or authority to interpret and apply the law) and given the resources to take action, it typically won't. If it is instructed by law to act, it will and must. Of course, a state agency can take the lead on its own initiative and pro-actively request (lobby the Governor and state legislators) that it have jurisdiction over an issue or problem. NOTE: While the MN Board of Animal Health (BAH) does not have the legal authority to regulate dog/cat breeding facilities in Minnesota, it does have the authority to investigate complaints of diseased animals. See Administrative Action. Complaints regarding unhealthy pets purchased are often indicative of unsanitary breeding conditions, which is why the BAH is often the first state agency approached. However, the Minnesota Office of Attorney General is the state agency that handles consumer complaints. Because pets are not viewed as "products," consumers often do not approach or file compaints with the MN Office of Attorney General.
OTHER STATES: COMPLAINTS FILED Consumers have also filed complaints, regarding sick puppies purchased from Kathy Bauck's kennel, with nonprofit organizations in other states. These examples are being compiled and will be posted here.
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