Lawsuit claims to shut down puppy dealer accused of selling sick dogs

Couple who owned Wizard of Claws set to defend themselves in court Dec. 2

Molly, a teacup poodle bought and sold on the Internet for $2,254, arrived alive.

But within days, the 1.8-pound puppy was fighting to survive.

Owner Maura Porfido said the dog became violently ill three days after being flown from South Florida to Philadelphia in April 2012. Vets in New Jersey, where Porfido lives, diagnosed the pup with parvo and Giardia and said she was unfit for sale.

Now Porfido, who bought Molly after seeing her advertised onhttp://www.teacuppuppiesstore.com, finds herself at the center of a legal battle accusing local puppy dealers Jim and Gilda Anderson of selling sick puppies.

'We were told by the vet that chances were not good,' Porfido said. 'I thought for sure she was going to die.'

The case - which seeks to ban the Andersons from selling puppies ever again - is heading to court on Dec. 2.

The Andersons, puppy dealers who once owned the now-shuttered Wizard of Claws pet store in Pembroke Pines, have done nothing wrong, says their attorney, Roberto Stanziale. They now sell puppies under the name Puppy Collection, he said.

'They cannot ban my client from selling puppies,' Stanziale said.'We're in the United States. You have the absolute right to work.You go to Broward General and 10 percent of the babies are going to be sick.Same thing with puppies.That's why vets are in business.Because pets get sick.'

Christine Deruelle, an attorney who filed the complaint against the Andersons, says Porfido is just one customer who was willing to come forward and challenge the couple.

'They have demonstrated a willingness to flout the law and flout court orders at every turn,' Deruelle said. 'We think the appropriate relief is shutting them down.'

The complaint, filed on Oct. 2, claims the Andersons are in contempt of a 2010 court order and settlement agreement that requires them to disclose where they get their puppies from. It alleges the couple has: acquired puppies from at least 13 sellers that have been cited by the USDA; acquired puppies from at least 15 sellers they knew or had reason to know kept their animals in substandard conditions; failed to disclose the names and contact information of at least 20 breeders to the Florida Attorney General; and failed to disclose breeder information to consumers.

The Andersons' Wizard of Claws store closed in June 2009, after the couple filed for bankruptcy. The Andersons resumed selling puppies six months later under the name Puppy Collection Inc.

In 2010, a Broward judge fined the Davie couple $26,500 for violating Florida's pet lemon law. He also ruled that they had violated the terms of a settlement arising from a 2007 class-action lawsuit.

The 2007 lawsuit, filed by Deruelle's law firm on behalf of members of the Humane Society of the United States and more than 100 customers, accused the Andersons of selling sick and dying dogs from puppy mills and violating the state's consumer protection laws.

Plaintiffs said they'd spent thousands on vet bills trying to save sick puppies purchased from the Andersons. Some of the pups died, Deruelle said.

'They're selling the image of the cute dog,' said Jonathan Lovvorn, chief counsel for the Humane Society of the United States. 'You see it online and fall in love. It's a big lesson for consumers. You shouldn't buy a dog sight unseen.'

Porfido racked up more than $3,000 in vet bills to keep her teacup poodle alive, court records show.

Molly now weighs in at 5 pounds and, despite a heart murmur, is 'a great little dog,' Porfido said.

'As soon as we got her, we just fell in love,' she said. 'We would have done anything to make sure she had every chance possible, no matter what it cost. Thankfully we caught it early enough for her to heal.'

Porfido says she contested her credit card bill immediately and won her case.

Stanziale, the Andersons' attorney, says the couple agreed to refund her money after becoming aware of the dog's illness.

In an email sent on June 20, 2012, they offered to pay the puppy's vet bill if she sent them a copy.

'We are here to help you and solve anything that is not right,' the email says.

Porfido says she did not reply to the email because she wanted no more contact with the Andersons.

Stanziale says the lawsuit is based on a political agenda, not facts.

'My client has sold an excess of 5,000 dogs since 2010 and they found one person who bought a dog and they claim it got sick,' he said. 'And the woman was completely refunded all her money. It gets the public excited when you mention sick puppies. They are trying to get him shut down before Christmas so he can't sell puppies for the holidays.'

The Andersons have operated a series of puppy-selling businesses and websites under many different names, including Wizard of Claws, CelebrityPuppies.net and currently Teacup Puppy Store and PuppiesforSaleSite.com.

sbryan@tribune.com or 954-356-4554

Florida's pet lemon law

State law aims to protect consumers who buy cats or dogs that become ill or die shortly after purchase.