Pet Lovers

[RinaRina]

Re: THIS - 
Saddened by these circumstances ... - Blogs & Forums (qvc.com)

My Bait & Switch hearing is next week and I want to be prepared.

For those of you not familiar with what happened ... here's the short version.

- Conditional Dog Adoption

I adopted a dog in October.

The dog was obviously sick.

The counselor told me the dog only had a minor Upper respiratory Infection commonly found in shelters, and if I adopted the dog, they'd give me 10 days worth of Clavamox, and she'd be fine.

After adopting the dog, I was given a bag of dog food and a leash and sent on my way ... no medicine.

After getting into an ugly argument with the counselor about reneging on the meds, I ended up leaving with the dog ... and no medicine.
The first 2 weeks, I spent close to $900 on the dog's treatment.

It turned out, the dog didn't just have a URI, so it took a month, not 10 days for the dog to get well.

My hearing in Small Claims Court is next week.

I want to be prepared.

[Tallgal]

Does the dog's adoption paperwork state that the dog was sick?

Does the paperwork state that the shelter would provide the 10 days of the Clavamox?

Why did you end up adopting the sick dog without getting the meds from the shelter?

If the adoption paperwork does not show the dog was sick and the shelter agreed to provide the 10 days of Clavamox then the court probably will not rule in favor of you.  Because your defense will be based only on a conversation without anything in writing.

Best of luck to you.

Tallgal

[RinaRina]

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@Tallgal wrote:

Does the dog's adoption paperwork state that the dog was sick?

Does the paperwork state that the shelter would provide the 10 days of the Clavamox?

Why did you end up adopting the sick dog without getting the meds from the shelter?

If the adoption paperwork does not show the dog was sick and the shelter agreed to provide the 10 days of Clavamox then the court probably will not rule in favor of you.  Because your defense will be based only on a conversation without anything in writing.

Best of luck to you.

Tallgal

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===============================================

Legally, that's the foundation of "Bait & Switch".

Say it, but don't put it in writing ...

They knew exactly what they were doing.

What Is Bait and Switch?

Bait and switch is a morally suspect sales tactic that lures customers in with specific claims about the quality or low prices on items that turn out to be unavailable in order to upsell them on a similar, pricier item.

It is considered a form of retail sales fraud, though it takes place in other contexts. While many countries have laws against using bait and switch tactics, not all occurrences constitute fraud.

KEY TAKEAWAYS

• Bait and switch occurs when a prospective buyer is enticed by an advertised deal that seems attractive.
• However, the advertised deal does not exist or is inferior in terms of quality or specifications, where the buyer is then presented with an upsell.
• The practice is considered unethical, and in many jurisdictions is illegal.
• It may nonetheless be difficult to prove a bait and switch scam, so it is up to consumers to be vigilant.
• Red flags may include too-good-to-be-true deals, claims of limited quantity available, and overly-complicated fine print or disclaimers.

[ValuSkr]

If you have the promise - to provide meds - in writing, your case should be a slam-dunk.  If you don't, I think it will be problematic.

[Foxxee]

We really do learn the hard way.  I might have done something like this years ago, but once burned, the pain of the burn is long remembered.

I'm not a lawyer, but it appears to me unless you have something in writing from the shelter, it's your word against theirs.  

Still, they shouldn't be adopting out sick dogs.  That might be your edge if you still have your vet receipts.  Take them with you.  

Good Luck!

[RinaRina]

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@Foxxee wrote:

Still, they shouldn't be adopting out sick dogs.  That might be your edge if you still have your vet receipts.  Take them with you.  

Good Luck!

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=============================

The receipts are attached to the complaint.

The only thing I did not attach was the online review I did the next day about the meds.

Surely the Judge wouldn't think I'd post a lie the very next day ... or maybe he would.

My closing argument was that the dog was NOT PROPERLY VETTED and should not have been available to ANYONE until it was well enough to be moved out of the shelter.

[cjm61]

I would advise not going to court stating it's a Bait and Switch. This is not a bait and switch. The definition is 

:a sales tactic in which a customer is attracted by the advertisement of a low-priced item but is then encouraged to buy a higher-priced one.

You weren't enticed to "purchase" anything extra or more expensive. However, you will need documentation from the vet stating the dog had the illness prior to you obtaining it. In addition, you would need in writing that you were to receive the medications needed. Have all these documents handy and you should get some kind of compensation. If no documents are presented with proof, it will be tough to prove anything.

[layla2450]

What happened to you with the dog is NOT an example of Bait & Switch.

[FancyPhillyshopper]

I am sorry your dog was ill and hope he is much better now.

I agree that you are not using correct legal terminology by claiming bait and switch.  You selected the dog you wished to adopt and received that exact dog.

The health challenges are completely separate.

Many, many animals become sick in shelters.

I adopted a little abandoned kitten in 2021 that was also ill with upper respiratory infection.  Please note that not all medicines are completely effective as the immune system is still strengthening after that time in the shelter, and the pet is mentally/emotionally recovering from trauma. Rest, care, good food, etc. are also essential.

I have many pets who are spoiled rotten, but they still get sick!!  I provide my pets some of the best medical care in the world.  If the vet is incompetent, I find a new vet.  I am not sure what your issue is.  Most shelters are run by volunteers and they have LIIMITED high quality medical care. You are just taking money from a shelter that is overwhelmed with needs with this type of small lawsuit.

Once I bought a very expensive Persian kitten from a breeder.  In a few months she developed eye issues and I had to spend thousands at the opthamalagist specialist.  Who can I sue?  NOBODY. Her genetics mean she is susceptible to this issue.  

Please think that you potentially saved your dog from being euthanized, and maybe noone would have provided the care in the shelters.  Right now there are many, many pets in shelters that nobody wants.  

I cannot support your lawsuit, but if somehow it makes you feel better, go for it.  Maybe next time stay away from sick animals.

[Rose429]

@FancyPhillyshopper I agree with you. I would be angry at a breeder if I received a sick dog worth thousands of dollars. Most animal shelters I have adopted from are full to the max. I adopted a boxer that was thin and sick and it cost a decent amt to get her better. I have no regrets. She most likely would have been put down and she is a wonderful companion.