Boarding facility claims a dog will be in a spacious run, have 24 hour care, receive 6-8 walks a day, individual play, and lots and lots of human contact and I find out they put him in a crate, only took him out once or twice a day, never spent any time with him, and left him unattended after 6 pm
Basically 95% of their pitch was a lie
The 5% that seems to be true is they do give your dog a "complimentary bath" at the end of their stay but they charge by the calendar day so even if you pick up at 8 am they still charge you for a full day; it's like you're paying for the bath anyway.
Sounds like there is actionable fraud. However, the issue is what damages did you suffer. Depends on how long the dog was there, how much did you pay, and can you prove what you say they did.
As for the pick up, to avoid the extra charge, the dog could be picked up at the end of the day, I assume.
Michael Rotsten, Esq.
It sounds like you definitely did not get what you thought you were paying for. If your efforts to work it out with the board facility have failed, you may wish to consider bringing a lawsuit for breach of contract, fraud, and/or other causes of action. Each cause of action requires specific elements of proof that would need to be established in order for you to prevail in court. I don't know what evidence you have, however, establishing your case in court would require you to gather all the necessary evidence and present it effectively. Just by way of example, a couple of thoughts that come to mind are: were the alleged misrepresentations made to you in writing, and how solid is your proof that it was all "a lie"? Having documentary evidence (writings, photographs, etc), while not required to prove every case, can often make a big difference.
You also have to evaluate your damages. Is your only loss the money that you paid to the boarding facility? This may be a case that is suitable for small claims court. However, the remedies available in small claims court are limited. More information is available online at http://www.courtinfo.ca.gov/selfhelp/smallclaims/ If your case exceeds the jurisdictional limits of small claims court, I would suggest that you hire a lawyer to represent you.
It is not at all clear from your question what was wrong with the "95% of their pitch" that you referenced.
Fraud is when someone makes a false statement of fact, intending to induce you to rely on it and knowing that it is false, upon which you reasonably rely and that reliance results in monetary damages.
That said, we would suggest that whether your situation meets the definition of 'fraud,' you should contact both the Better Business Bureau and your State Attorney General's Consumer Protection Division. They can often get traction with cases where a consumer cannot prove actionable fraud OR where the monetary damages are not large enough to justify legal proceedings.
I am NOT licensed to practice law in California, but in the state where I have my license and office (Ohio), this transaction would be covered by the state Consumer Sales Practices Act.
Best wishes.
