September 20, 2004
CA DEPARTMENT OF CONSUMER AFFAIRS
ATTN: CONSUMER RELATIONS UNIT
400 R STREET, SUITE 2000
SACRAMENTO, CA 95814-6200
To Whom It May Concern:
On Saturday September 18, 2004, I purchased 3 fish from Sunrise Tropicals, 200 Skyline Plaza, in Daly City. The total cost for the fish was $49.32. One of the fish I purchased, a silver Arowana fish, cost $20.00 (excluding tax). From the store, I went immediately home, taking care to handle the fish gently, and introduced them to the tank gradually, letting the bags they were in rest in the tank water, before releasing the fish.
Two days later, Monday September 20, 2004, I came home to find the Arowana had died. I immediately checked the other fish and they were fine. I checked the water temperature and the PH. It was 80 degrees and the PH was 7. My tank is a 100 gallon tank and the water had been changed less than a week before. My conclusion was that the fish I was sold was either unhealthy or that I was misled into buying the wrong fish for my tank.
Before I bought the fish, I asked the proprietor of Sunrise Tropicals if she thought the silver Arowana would be a good match for the tank and I explained to her in detail the tank and the types of fish in the tank. She reassured me that there would be no problem. Even though I have taken care of tropical fish for well over 15 years, I depended on the retailer to give me accurate advice, especially since the fish was what I consider to be expensive.
On Monday, when I realized the fish was dead, I immediately called Sunrise Tropicals to alert them to what had happened, so that we could try and come to an agreement about what should be done. The proprietor blamed the death of the fish on the fact that we had 2 other fish (Silver Dollar fish), already in the tank and suggested that the cause of the death was their fault. This is contrary to the advice she had given us when we bought the fish. Thus we were misled into buying a fish that the proprietor believed would be killed as soon as it was introduced to the tank. However, despite what the proprietor claims, it is common knowledge that silver dollar fish are peaceful, community fish, and none of the other fish we introduced at the same time have been harmed.
Despite my best efforts to work with the proprietor, she refused to offer a refund or exchange. Common practice amongst most Tropical Fish retailers is to exchange the fish if the fish dies shortly after purchase. This is a fair and reasonable practice that has been arrived at through trial and error in the retail Tropical Fish world. I believe that the proprietors at Sunrise Tropicals are engaging in false advertisement, unfair, and unreasonable business practices.
I am requesting that your department look into this matter and conduct a review of their business license. Hopefully, some sort of action upon your part in this matter will protect the future rights of consumers and fish lovers alike.
The address of the business:
Sunrise Tropicals
200 Skyline Plaza
Daly City, CA 94015
650-994-2609
BT 19:37:29 9/20/2004
