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TRENTON – Attorney
General Paula T. Dow and the State Division
of Consumer Affairs have filed suit in Monmouth
County seeking immediate injunctive relief
against a pet dealer alleging, among other
things, that he repeatedly sold gravely
ill puppies, many of which died within days
of being sold, and then attempted to portray
his business as a charity.
Filed last week, the State’s
five-count civil complaint charges Allan
Levine, of Millstone Township, and his three
businesses with violating the New Jersey
Consumer Fraud Act and the Regulations Governing
the Sale of Animals, for unconscionable
business practices to include failing to
have the pets properly examined by a veterinarian
prior to sale, failing to truthfully disclose
their health information to the buyers,
and refusing to provide refunds or reimburse
the consumers’ veterinary costs, as
required by state law.
The Division has received
approximately nine consumer complaints against
Levine and his businesses – Al’s
Special Friends, Allan Levine, Inc., and
Van Dam, Inc. – all of which Levine
operated out of his residence.
The defendants are also
charged with violating New Jersey’s
Charitable Registration and Investigation
Act for misrepresenting the charitable purpose
and nature of defendant Allan Levine, Inc.,
and depositing income to the supposed charity
into Levine’s own personal bank account,
after telling consumers their payments for
the animals were charitable “donations.”
On August 5, 2011, the Superior
Court granted the State’s request
for a temporary restraining order –
prohibiting defendants from acquiring, selling,
offering for sale, or transferring any animals;
prohibiting defendants from transferring
or disposing of any assets except in the
ordinary course of business; and preserving
all business records.
“By allegedly selling
puppies without disclosing serious health
conditions that led some of the dogs to
die within days of being welcomed into a
home, these defendants demonstrated a level
of callousness that is simply unconscionable,”
Attorney General Dow said. “New Jersey’s
pet regulations exist to protect animals
as well as consumers. Anyone who seeks to
profit by violating them will be held fully
accountable to the law.”
The State is seeking restitution
for consumers, as well as civil penalties
and reimbursement of the State’s attorneys’
fees and investigative costs, and to have
the defendants permanently enjoined from
selling animals.
The lawsuit alleges that
Levine and his companies sold at least 10
gravely ill or dying puppies to unknowing
consumers, without disclosing information
about the animals’ health as required
by law, and then refused to provide refunds
or reimburse the consumers’ veterinary
costs. In each case, the consumers contacted
Levine after reading advertisements the
defendants placed in the Asbury Park Press.
The consumers viewed and purchased the animals
at Levine’s home.
“The conduct we’re
alleging – the sale of seriously ill
puppies to unwitting consumers with no opportunity
for refunds and absolutely no regard for
the despair of families who purchased these
sick animals – is appalling,”
said Thomas R. Calcagni, Director of the
Division of Consumer Affairs. “With
this kind of contemptible record, we’re
not only seeking full restitution for the
consumers who were defrauded, we’re
also looking to stop these defendants from
ever selling animals again.”
Consumer complaints against
the defendants include:
- One consumer purchased
a Shi Tzu puppy for $535 as a gift to
her husband after he was diagnosed with
leukemia. Levine provided a health record
that did not specify whether the dog had
been examined by a veterinarian. Shortly
after the purchase, the dog became ill,
had trouble standing, and began to lay
limp on the ground. Ten days after purchase,
the puppy died. Levine allegedly offered
a replacement, and the couple chose a
West Highland White Terrier. That puppy
became ill the same day it was brought
home. A veterinarian diagnosed the dog
as having intestinal and upper respiratory
infections. Within a month of being brought
home, the puppy suffered convulsive seizures
and, after three days in a veterinary
intensive care unit, was euthanized. Levine
allegedly refused to pay the veterinary
costs.
- Another consumer purchased
a Yorkshire Terrier puppy from Levine
for $600. A day later the consumer brought
the puppy to a veterinary hospital, where
a veterinarian diagnosed it with intestinal
infections and issued a “certificate
of unfitness for sale.” The dog
was euthanized 10 days after being brought
home. Levin allegedly refused to provide
a refund or reimbursement of veterinary
costs.
- Another consumer purchased
two puppies from Levine for $1,000. Levine
allegedly provided an incomplete, partially
blank health record for the two dogs.
The dogs became sick and began vomiting
on the drive home from Levine’s
residence. One puppy died the following
day. Over the next two days, the consumer
and his family took the remaining puppy
to three veterinary treatment centers.
The dog was diagnosed with an intestinal
infection and a blood disorder, and the
diagnosing veterinarian issued a “certificate
of unfitness for sale.” Levine allegedly
did not comply with the family’s
demand for reimbursement of veterinary
costs.
- Another consumer purchased
a Bichon puppy from Levine. Three days
after the purchase, the puppy became ill.
The consumer brought the dog to an animal
hospital, where it was diagnosed with
intestinal and respiratory infections,
and a veterinarian issued a “certificate
of unfitness for sale.” Levine allegedly
did not comply with the consumer’s
demand for reimbursement of veterinary
costs.
The State’s lawsuit
further alleges that, not long after the
Division began its investigation into Levine’s
business practices, Levine altered his business
model by casting his company, Alan Levine,
Inc., as a charitable organization and characterizing
payments for animals as charitable “donations”.
Unlike legitimate charities, however, the
State alleges the defendants freely commingled
the “donations” with Levine’s
own assets in his personal bank account
and repeatedly failed to produce to the
Division any of the financial records required
of charities under state law.
“No matter what defendant
Levine wants to call his companies –
the conduct alleged in our complaint is
nothing less than fraud,” said Calcagni.
Consumer rights under New
Jersey’s Pet Regulations:
- Pet dealers must have
each animal examined by a licensed veterinarian
prior to sale. Any animal examined more
than 14 days prior to purchase must be
reexamined within 72 hours of delivery,
to disclose the animal’s condition.
- Pet dealers must provide
a complete history and health certificate
for each animal sold, including the dates
on which the animal was examined by a
licensed veterinarian, any treatment given,
and any vaccinations.
- Consumers have certain
rights if the pet they purchase turns
out to be diseased or ill. Within fourteen
days of purchase and delivery, a licensed
veterinarian may certify the animal unfit
for purchase due to non-congenital conditions.
Within six months of purchase, a veterinarian
may certify the animal unfit for purchase
due to congenital conditions.
- In such cases, the consumer
may choose to return the animal and receive
a refund for the purchase price and reimbursement
of veterinary fees incurred up to receiving
the certification that the animal is unfit
for purchase; or choose to keep the animal
and receive reimbursement for veterinary
fees, plus future fees to be incurred
while attempting to cure the animal, for
an amount not to exceed the purchase price.
- If a pet dies within
14 days of delivery, and the death is
not due to an accident or injury sustained
during that period, the consumer is entitled
to a full refund of the purchase price
or, in exchange, an animal of the consumer’s
choice of equivalent value, plus reimbursement
of veterinary fees incurred prior to the
animal’s death.
- Much more information
can be found in “Purchasing a Pet,”
a Consumer Brief created by the Division
of Consumer Affairs: www.NJConsumerAffairs.com/brief/petpurchase.pdf.
Consumers who believe they
have been cheated or scammed by a business,
or suspect any other form of consumer abuse,
can file a complaint with the State Division
of Consumer Affairs by visiting its Web
site, www.NJConsumerAffairs.gov,
or by calling 1-800-242-5846
(toll free within New Jersey) or 973-504-6200.
Deputy Attorney General
Jah-Juin Ho, of the Consumer Fraud Prosecution
Section, is representing the State in this
action. Investigator Juan Odio in the Office
of Consumer Protection conducted the investigation.
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