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Herring files suit against “Service Dogs by Warren Retrievers”, alleging vilolation of Consumer Protection Act

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Mark Herring filed a lawsuit alleging a Virginia company sold "poorly-trained puppies" with behavioral issues to unsuspecting customers across the country. / Courtesy photo

RICHMOND  – Attorney General Mark R. Herring announced Tuesday that he has filed a lawsuit against Service Dogs by Warren Retrievers, Inc., a Virginia-based company that sells purported service dogs to consumers nationwide, and its CEO, Charles D. Warren, Jr., for alleged violations of the Virginia Consumer Protection Act and the Virginia Solicitation of Contributions law. The suit alleges that Service Dogs and Warren sold so-called “diabetic alert dogs” for tens of thousands of dollars, when they were often delivering poorly-trained puppies with significant behavioral issues and inadequate skills or training to notify a customer of a potentially life-threatening high or low blood sugar situation. Service Dogs and Warren also misled customers and charitable donors about certain aspects of the business’s payment structure, and lied about Warren having served in the armed forces.

“This suit alleges not just dishonest and unlawful business practices, but a recklessness that could have endangered the lives of customers who relied on the claims made by Service Dogs and its owner,” said Attorney General Mark Herring. “Our investigation shows that, in many instances, Service Dogs was simply selling a $25,000 pet, leaving customers with a huge bill and no protection against a potentially life-threatening blood sugar situation. Customers have a right to rely on the accuracy of a business’s claims, especially when it involves a person’s health and well-being. We will continue to hold businesses to the highest standards and take action whenever necessary to protect Virginia consumers.”

The lawsuit alleges that Service Dogs by Warren Retrievers and Mr. Warren charged $18,000 to $27,000 for a dog that could purportedly identify and alert individuals to life-threatening low and high blood sugar in individuals with diabetes. In reality, the dogs were often poorly trained, ill-behaved, and unequipped to help manage a life-threatening situation, rendering them little more than incredibly expensive pets.

An investigation of customer complaints showed that, instead of the well-trained service dog that was promised, Service Dogs often provided an untrained puppy that showed significant shortcomings such as an inability to properly walk on a leash, inappropriate chewing and destruction, inability to respond when called, jumping on people, fear of noises, and frequent barking or whining. Critically, dogs that were billed as a potential lifesaver failed to alert customers to dangerous high or low blood sugar.

The complaint also alleges that Service Dogs encouraged customers to solicit charitable donations to cover the cost of their dog despite several times not being properly registered to solicit charitable funds, and misled customers about a partnership with or endorsement from JDRF, formerly known as the Juvenile Diabetes Research Foundation.

Finally, the suit alleges that Mr. Warren lied to customers and donors when he claimed to have served in the United States Marine Corps, to have trained dogs for the military, and to have received a medical discharge because of a diabetes diagnosis. In reality, Mr. Warren has never served in the United States Marine Corps or any other branch of the military.

Attorney General Herring specifically contends that Service Dogs and Mr. Warren violated the Virginia Consumer Protection Act and the Virginia Solicitation of Contributions law by, among other ways, deceiving consumers about:

• the testing and training dogs would undergo before being placed in a home with the diabetic person;
• the skills and abilities dogs would have when assisting a consumer or family member with diabetes;
• how the dogs could be paid for, and how long consumers would have to pay their balances; and
• why consumers—or those who donated on their behalf—could not receive refunds.

In his lawsuit filed in Madison County Circuit Court, Attorney General Herring is seeking restitution on behalf of affected consumers, civil penalties, attorneys’ fees, and asking the court to block Service Dogs by Warren Retrievers from further violations of the Consumer Protection Act and Solicitation of Contributions law. He is seeking civil penalties of up to $2,500 per willful violation of the Consumer Protection Act and $5,000 per violation of the Solicitation of Contributions law, with the exact number of violations to be determined during trial proceedings. In addition, Attorney General Herring is seeking an accounting from the company of all funds obtained through unlawful solicitations, and the establishment of a charitable trust so those funds can be provided to an appropriate charitable organization.

During the course of investigating complaints against Service Dogs, Attorney General Herring had to ask a court to enforce a civil investigative demand compelling the company to produce information about its business. The company failed to fully comply with the civil investigative demand for nearly two years, resulting in approximately $90,000 in sanctions against Service Dogs and Warren.

Consumers who believe they have been injured by Service Dogs should file a complaint with Attorney General Herring’s Consumer Protection Section as soon as possible. For information about filing a complaint, to get a complaint form, or to submit a complaint online, consumers should go to the Attorney General’s website: Online Complaint Form. Consumers with questions or who need assistance can contact us:

• By phone: (800) 552-9963
• By email: consumer@oag.state.va.us
• Online Contact Form

Attorney General Herring’s Consumer Protection Section is handling this matter. During Attorney General Herring’s administration, the Consumer Protection Section has undergone a significant reorganization and expansion, and recovered more than $243 million in relief for consumers and payments from violators.

If you have any consumer-related inquiries, the Office of the Attorney General’s Consumer Protection Hotline telephone counselors are available to assist you with your consumer questions. Please call the Consumer Protection Hotline at 1-800-552-9963 if calling from Virginia, or (804) 786-2042 if calling from the Richmond area. You can also subscribe to the Consumer Protection Quarterly Newsletter here.

 

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