Lawsuit claims The Barking Boutique knowingly sold puppies
with illnesses violating the Consumer Protection Act
PRESS RELEASE: February 18, 2019
GRANDVILLE,
MICHIGAN – Four families who purchased companion animals from The Barking Boutique
(2939 Wilson Ave SW Suite 104, Grandville, MI), have filed a lawsuit seeking
monetary damages for fraud, breach of contract and multiple violations of the
Consumer Protection Act after purchasing puppies. The Michigan Department of
Agriculture and Rural Development has been investigating since November.
The lawsuit
was filed on February 06, 2019 at the Kent County Circuit Court and assigned to
Honorable Judge Paul J. Denenfeld. (Case Number 2019-01106-CZ)
The puppies that
were purchased between May and October 2018 suffered from a range of issues,
including giardia, kennel cough, pneumonia, and hypoglycemia - costing the
plaintiffs thousands of dollars in veterinary care. The complaint also claims
that DNA tests indicate that two of the puppies were not purebreds, as advertised,
and one was not a “toy” poodle.
In one
particularly heart-breaking case, a Grandville family purchased a Yorkshire
Terrier puppy diagnosed with pneumonia, a virus, and hypoglycemia within two
days of purchase, requiring 24 hours emergency care for four days.
The Plaintiffs
are represented by attorney Eugenie
B. Eardley of Eardley Law, a Rockford based law firm.
The named
defendants in the lawsuit are The Barking Boutique LLC and owner/operator David
Boelkes.
The law firm is
asking the court for an injunction forbidding the defendants from selling animals during the pendency of the
lawsuit.
State Investigations
The Barking
Boutique is currently under a third investigation by the Michigan Department of
Agriculture and Rural Development according to a recent records request response letter obtained by Puppy Mill Awareness of SE Michigan.
“The investigation
records you describe were compiled as part of a law enforcement investigation and
disclosure of these records, while the matter is under investigation, would
result in a chilling effect on the Department’s ability to undertake an
unhindered and thorough investigation.”
This is the third
investigation by the state of the store’s operations. The 2017 canine importation
investigations resulted in an official warning letter being sent to The Barking
Boutique. The department found that the store had failed to acquire
veterinary certificates certifying that the puppies were properly vaccinated.
Puppy Mill
Awareness of SE Michigan recommends families adopt their next pet from their
local shelter or Michigan Certified foster-based animal rescue organization -
many of whom specialize in specific breeds.
Learn
more about Puppy Mill Awareness.
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