Describing the Transaction as an Adoption rather than a Sale Another misleading practice is labeling the for-profit consumer transaction as an "adoption" rather than a sale allergy testing winston salem nc purchase flonase 50 mcg with mastercard. The term "adoption" suggests that an animal has been orphaned or abandoned and is in need of a guardian allergy symptoms 5 month old purchase 50 mcg flonase mastercard. Animal shelters and rescues have commonly used the term adoption when referring to the process of placing unwanted animals in forever homes allergy treatment parasite cheap flonase 50mcg with visa. Breeders allergy medicine 18 months buy discount flonase 50 mcg, pet shops allergy testing vancouver island 50 mcg flonase for sale, and puppy mills fuel the companion animal overpopulation crisis by bringing more animals into a world that is already bursting at the seams with unwanted ones allergy medicine diphenhydramine generic flonase 50mcg overnight delivery. Many individuals looking to adopt a puppy to help reduce the shelter population allergy testing colorado cheap flonase 50 mcg amex, and to avoid supporting the industry that perpetuates the problem allergy report purchase 50 mcg flonase, find themselves misled and seduced by pet sellers into buying from puppy mills. Well-meaning people can often find themselves misled into purchasing a puppy even when they started out looking to adopt a pet. Pet sellers know that consumers want to support adoption, so some even mislead consumers into thinking that their business supports shelters through donations. As pet stores increasingly use the term adoption for the sale of a puppy, fake recues, like those who offer puppies for a hefty "adoption" fee, are harder to distinguish from legitimate shelters and rescues. New York recently passed a law in an attempt to help crack down on scam rescues after several consumers complained of shelters selling (or "adopting" for a high fee) sick puppies. For specific examples of how this deceptive practice is being implemented, refer to Appendix W. For examples of complaints relating to the practice of advertising puppies commercially raised for sale as up for adoption, see Appendix X, and also refer sale-of-sick-puppies-dogs-now-healthy-available-for-adoption/ (last visited June 7, 2018). Advertising Certain Breeds of Puppies as "Hypoallergenic" A hypoallergenic dog breed is supposedly one who has a predictably nonshedding coat that produces less dander, which is allegedly what causes most pet allergies in humans. Several companies market puppies to customers throughout the United States claiming to specialize in the sale of "teacup" puppies- puppies who are bred to be abnormally small. These teacup puppies are created by the unethical breeding practice of intentionally breeding runt after runt. Because these dogs are not naturally meant to be so small, they are highly susceptible to many illnesses and disorders such as poor bone density, major organ malfunctions, heart murmurs, liver shunts, and digestive issues. Sellers may even sell malnourished puppies in an effort to make them conform to their "micro" or "teacup" marketing. Failing to Deliver the Puppy Purchased As online puppy sales are becoming more prevalent, so are blatantly fraudulent scams that falsely advertise puppies for sale online but fail to deliver any puppy. These scams often involve advertising a puppy for sale(generally below market value), requesting payment by wire transfer, and then asking for additional payments to cover Importing puppies under six months of age for resale was banned in 2014. However, as explained in more detail below, some dealers have ignored this ban or asserted clever loopholes in the law to get around it. Furthermore, there is little evidence that this law has been much of a deterrent because there is no indication that enforcement actions have been taken against importers who bring in underage puppies for resale. Moreover, often these scams start out with an advertisement for a "free" puppy, and once a consumer accepts, the seller then tells the consumer she needs to pay for associated costs, like shipping insurance or a crate. Even if there was an actual puppy involved, these added costs make the representation that the puppy is "free" deceptive. As instructed, she purchased a pre-paid debit card and sent the information to the seller. Legal Actions and Publications Further Evidencing Widespread Deception in the Retail Puppy Sales Industry this section references many legal actions and other complaints brought about by the deceptive practices discussed in this Petition. These actions provide the Commission with empirical evidence regarding how consumers interpret the representations that this Petition argues warrant regulation by rulemaking. Many other consumers express the same misinterpretations and subsequent damage but do not have the resources to pursue timely and costly civil litigation. As such, this section also references a number of media stories about the misleading and deceptive conduct employed by pet sellers. Laymon inappropriately characterized her business as a "rescue" for French Bulldogs as a marketing technique, and to avoid some of the requirements of the Puppy Mill Cruelty Prevention Act, a state animal protection statute establishing a cap on the number of dogs used for breeding and requiring breeders to employ more humane methods. This case ultimately resulted in a settlement that was subsequently breached by the store owners. As a result, the owners were again brought to court for violating the terms of the settlement agreement and court order. Purebred Breeders advertised it only did business with reputable breeders and offered a comprehensive lifetime guarantee. However, as the lawsuit alleged, Purebred was linked to several puppy mills and failed to honor its health guarantee. The suit was dismissed on procedural grounds based on improper joinder, the court never reached the merits of the case, and it was impractical for each plaintiff to refile individually. These deceptive practices resulted in financial and emotional harm, as their beloved puppies have battled serious illness, behavioral issues, and in some cases even suffered premature death. These claims are enhanced by the allegation that PuppyFind has reason to know, through complaints submitted or its duty of ordinary care, that breeders on its website sell sick puppies, have criminal animal cruelty violations, and/or are running puppy mills. Many other consumer protection lawsuits have been brought by other organizations or individual consumers. The legal actions cited above and in the appendix all involve at least one or more of the deceptive practices outlined herein. The cases highlight how pervasive these practices truly are and that they have been utilized for decades. This sampling of lawsuits throughout the country demonstrates to the Commission the real world harms these practices actually or allegedly cause consumers. Despite these numerous individual actions, the deceptive practices pervasively continue. State Actions State consumer protection agencies have also exercised their powers to bring civil suits or take enforcement actions against actors engaging in the type of deception described in this petition. States are often empowered to bring lawsuits on behalf of a larger number of consumers and can obtain relief that is generally unavailable to individual plaintiffs. New Jersey In 2016, the New Jersey Division of Consumer Affairs cited 17 pet shops for violating the Pet Purchase Protection Act and issued nine executive conference letters to discuss inspection violations and impose civil penalties. Porrino and officials with the New Jersey Division of Consumer Affairs filed an action against one of those pet stores, Just Pups, and its owner, accusing the business of misleading customers about the health of puppies sold. The New Jersey Attorney General brought suit against a pet seller for violating the New Jersey Consumer Fraud Act and the Regulations Governing the Sale of Animals. The state alleged that the pet store engaged in unconscionable business practices to include failing to have the pets properly examined by a veterinarian prior Anthony G. Schneiderman Demands Pet Store Chain Stop Illegally Denying Reimbursement To Customers Sold Very Ill Dogs, (July 20, 2017), ag. Underwood Announces Lawsuit To Shut Down Pet Store Chain, Alleging Improper Care Of Puppies And Widespread Fraud And Deception, (May 16, 2018) ag. Despite these complaints, no known enforcement actions have been taken against these stores to date. Schneiderman Announces $20K Agreement With Pet Store Chain Owner Who Abused Animals And Falsified Documents To Make Them Appear Healthy Enough To Sell, (Jan. Pennsylvania Former Pennsylvania Attorney General Kathleen Kane brought a lawsuit against a dog breeder accused of selling sick dogs in violation of the Dog Purchaser Protection Act. For example, in 2016, the office entered into an amended consent judgment with the pet dealer, Wizard of Claws, obligating the pet store to , among other things, "not misrepresent the. Additionally, the office brought an action to stop the illegal importation, breeding, and sale of Bulldog puppies against sellers who falsely represented to consumers the health and age of hundreds of Bulldog puppies. In another action brought by the state, the Court ordered restitution in the amount of $59,700 to consumers who were deceived in connection with the sale of premium English French and Miniature Bulldog dogs and puppies. Additionally, the state attempted to bring charges against a pet seller and her generals-office-cracking-down-on-puppy-mills-and-pet-scams/ (last visited June 7, 2018). However, these cases were dismissed based on the unconstitutionality of the term "alter," which is undefined in the relevant law (Fla. The Court found the ambiguity of the term could lead to the potential for the arbitrary or discriminatory enforcement of the statute, particularly in conjunction with lack of a criminal intent element. Maurice Barrett and Michael Lamprea were charged with illegally selling puppies without the required veterinary inspection. Lamprea entered a plea of not guilty and the state declined to prosecute the case. Barrett eventually pled no contest to a second degree misdemeanor charge of disorderly conduct and mandatory court cost were imposed in the amount of $265. Purebred Breeders agreed to pay $200,000 and give a full refund in restitution to Illinois consumers who purchased a puppy within the last 5 years. Texas In Texas, former Attorney General Greg Abbott charged pet shop owners with making false pedigree claims and selling diseased puppies. News Reports and Other Consumer Complaints the deceptive acts or practices described above are often the subject of consumer reports, news stories, and are commonly described by harmed consumers on various online consumer complaint boards. These complaints vastly outnumber the legal actions described above in part because civil litigation is costly to pursue and many consumers lack the means to take their claims to court. Online platforms and news outlets provide an informal opportunity for these consumers to voice their stories, and their complaints further evidences the prevalence of the industry deception. For instance, over a three-year period, the national Better Business Bureau received over 2,000 complaints regarding pet shops. See Assurance of Voluntary Compliance between the Attorney General of Mississippi and Ashley Nicole Anderson d. Consumers complain about the deceptive or misleading practices they have encountered on dozens of online complaint or review boards such as Yelp! However, none of these laws will be detrimentally impacted, and all can run harmoniously with proposed federal rules. This section identifies those laws and provides an analysis of enforcement considerations. Existing State Consumer Protection Laws Several states, 23 at last count, have enacted Puppy Lemon Laws to protect Joe T. This is especially a concern given the limited remedies available to a consumer who may have already and unexpectedly spent a fortune treating a sick pet. For instance, the typical Puppy Lemon Law restricts the consumer to these common remedies: replacement of the animal, a refund of the purchase price, or reimbursement of veterinary expenses, generally up to the purchase price of the animal. These laws also confine consumers to strict timeframes to discover and report any issues with their pets. Furthermore, the average consumer is unaware of their rights under these laws and many times pet shops pick and choose their remedy of choice presenting it as the only option to the disgruntled customer. Most of the time the option the pet store gives the consumer is to return the dog for a full or partial refund knowing full well the average new pet parent is not going to return their dog. By that time, weeks had passed since Bernstein purchased the dog - too long for [the store] to be liable for covering medical expenses. New York Pet Lemon Law requires a customer to provide proof of medical bills and vet records within 14 days of purchase to receive reimbursement from a store. For example, Brianna Bryan purchased an English bulldog, Lilly, from Chelsea Kennel Club. Bryan "immediately called [the storeowner], who seemed skeptical and insisted Lilly was healthy when at the shop. Under the Lemon Law, [the store] would have to pay for any heart surgery, but Bryan seems unconvinced she will, given her dismissive and unsympathetic tone over the phone. Also, as discussed above, some states require pet sellers to disclose the meaning of pedigree registration. However, again, civil litigation is costly to pursue and many consumers lack the means to take their claims to court. In response to the deficiencies and obstacles just identified, and to provide better protection for consumers and eliminate the sale of puppy mill puppies, California236 and Maryland237 have passed statewide retail sales bans on commercially bred puppies. Local Ordinances and Actions Localities are starting to block the deceptive practices of pet sellers by enacting local ordinances that attempt to address many of the problems outlined in this petition, but they only work on a very local level. As California and Maryland have done, over 260 localities across 20 states in the U. By banning the sale of commercially bred dogs in a locality, the communities are shutting down the deceptive practices happening in those pet stores. See As selling pets online becomes normal, we need to regulate it, supra note 21; Baker, supra note 21. Industry Response Those who speak out against the retail pet industry are often labeled animal rights extremists by the industry and attacked in social media or even in the courtroom. It has become a trend and go-to tool of pet sellers across the nation to attack those who are speaking out against their deceptive practices. Increasingly, advocates are facing lawsuits filed by pet sellers alleging that they have been defamed. Mintz, a consumer who bought what he believed to be a healthy, purebred puppy only to find out he was sold a two-year old dog with several health conditions, was sued by the seller for libel when he published his story on a blog. This is to include, but not limited to the above mentioned, as well as other venues such as the Better Business Bureau and reports to the Attorney General. Local and state laws can function alongside this federal regulation, and each would ultimately strengthen protections for consumers and their pets. However, based on the evidence provided, the Commission can conclude, without conducting its own investigations, that the current acts, practices, and use of the terms at issue are misleading to consumers. Further, the Commission can conclude that these practices cause or are likely to cause substantial injury to consumers. Indeed, the Commission has previously issued alerts about scams relating to the advertisement of puppies that are never delivered. Dogs are intelligent, self-determining, emotional, and have distinct personalities. The rule simply would require pet sellers to disclose information to consumers prior to sale and refrain from engaging in deceptive acts or practices, most of which are already proscribed by general consumer protection laws but often go unfollowed and unenforced. As noted above, there are budgetary constraints to individual enforcement actions. X Definitions a) Adequate exercise and socialization means, for dogs other than puppies under eight weeks old and housed with their mother: (1. This term does not include any entity which is, or is housed on the premises of, a dog breeder or broker, obtains dogs from a dog breeder or broker in exchange for payment or compensation, or resells dogs obtained from a dog breeder or broker and provides payment or compensation to such dog breeder or broker. This term does not include any animal care facility, animal rescue organization, or hobby breeder. If you are covered by this regulation, breaking any of its rules is an unfair and deceptive act or practice or an unfair method of competition under section 5 of that Act. You can be fined heavily (up to $40,000 plus an adjustment for inflation, under §1. In connection with the sale or offering for sale of dogs to consumers in or affecting commerce, as "commerce" is defined in section 4 of the Federal Trade Commission Act, 15 U. The legal name, all registered business names, and physical address of the dog seller, breeder of the dog, and broker, if the dog seller obtained the dog from a broker; ii. The name and business address of the carrier of the dog; the United States Department of Agriculture license number(s) and any state or local license numbers, along with the name of the state or local licensing agency, for the dog seller, breeder of the dog, and broker, if the dog seller obtained the dog from a broker, or written verification that the 105 dog seller, breeder, or broker is not required to have a federal, state, or local license; iv. The number of adult dogs and puppies recorded on the past three state or federal inspection reports for the dog seller, breeder of the dog, and broker, if the dog seller obtained the dog from a broker; v. The breed, age, date of birth, sex, and color of the dog; the name and registration numbers of the sire or dam and the address where they are registered; ix. If the dog was purchased and then returned by a customer, along with the date and reason for the return. A notification that other documentation, including all applicable veterinary records and inspection reports, are available upon request and will be made available regardless of request, prior to completion of sale. For the three years prior to the sale of the dog, a copy of each and every Animal Welfare Act (7 U. For the previous three years, a copy of any and all State or local inspection reports for the dog seller, breeder of the dog, and broker, if the dog seller obtained the dog from a broker, and documentation of any violations of a state or local animal welfare law or regulation by the dog seller, breeder of the dog, or broker, if the dog seller obtained the dog from a broker; iii. A complete record of vaccinations and veterinary care and treatment of the dog, including the name of the person or licensed veterinarian who administered the vaccinations or veterinary care or treatment; iv. A list of known genetic and any related health problem that the breed and lineage may carry; ix. It shall be unlawful for any person to furnish, with respect to any dog, a false guaranty, and any person who violates the provisions of this subsection is guilty of an unfair method of competition, and an unfair or deceptive act or practice, in commerce within the meaning of the Federal Trade Commission Act. Any dog seller utilizing a rating system or consumer reviews or testimonials must a. A law is not in conflict with this Rule if it affords prospective purchasers equal or greater protection, such as more extensive disclosures. Conclusion the Humane Society of the United States respectfully requests the Commission to promulgate a Trade Regulation Rule to address the issues raised in this petition. Puppies are not like motor parts,272 they are unique and cherished members of many Inanimate used cars and contact lenses are more regulated. As such, puppies are in need and deserve well thought-out and specific rules to address the deceptive and misleading acts or practices that are unique to the retail pet sales industry. Centrally located on the home page of this website is a link to information about puppy mills and a claim that "[t]his website exists to connect caring families with healthy puppies. The report also listed a number of additional violations, three of which were "repeat" violations, including unsafe housing, dirty feeders, and dogs kept outside in the cold without adequate protection from the weather. It has also been cited repeatedly for filthy conditions, for keeping dogs in cages that were too small, for not making the facility accessible for inspection, and for numerous other problems. For example, in March 2016, the Campbells were cited for providing inadequate veterinary care, and in September 2016, housing violations were found. This was requested because the company engages in online pet sales and is required to be licensed. This complainant wrote, "I recently had the opportunity to speak with one of the new owners of this newest store. According to the complaint, All Pets Club advertises it "is the only one of its kind in the industry to be regulated and licensed to sell puppies.
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