ASSEMBLY, No. 3970

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED MAY 17, 2018

 


 

Sponsored by:

Assemblyman  KEVIN J. ROONEY

District 40 (Bergen, Essex, Morris and Passaic)

Assemblyman  RAJ MUKHERJI

District 33 (Hudson)

Assemblywoman  BETTYLOU DECROCE

District 26 (Essex, Morris and Passaic)

 

 

 

 

SYNOPSIS

     Prohibits leasing of cats or dogs.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning the leasing of cats or dogs and supplementing P.L.1960, c.39 (C.56:8-1 et seq.).

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) to lease a cat or dog or enter into a contract or any other type of agreement or transaction to lease a cat or dog.

     b.    In addition to any other remedies provided by P.L.1960, c.39 (C.56:8-1 et seq.) or any other applicable law, a consumer taking possession of a cat or dog leased to the consumer pursuant to a contract or other type of agreement or transaction shall be deemed the owner of the cat or dog and shall be entitled to the return of all moneys paid by the consumer.

     c.     As used in this section, “lease a cat or dog” means the transfer of ownership of a cat or dog contingent on the making of payments over a period of time subsequent to the transfer of possession of the cat or dog, unless those payments are on an unsecured loan for the purchase of the animal.  

 

     2.    This act shall take effect immediately and shall apply to any lease, contract, agreement, or transaction entered into on or after the effective date.

 

 

STATEMENT

 

     This bill establishes leasing a cat or dog or entering into a contract or any other type of agreement or transaction to lease a cat or dog as an unlawful practice and a violation of the State consumer fraud law.  The bill defines “lease a cat or dog” as the transfer of ownership of a cat or dog contingent on the making of payments over a period of time subsequent to the transfer of possession of the cat or dog, unless those payments are on an unsecured loan for the purchase of the animal.

     Any violation of the bill’s provisions is a violation of the State consumer fraud law, punishable by a monetary penalty of up to $10,000 for a first offense and up to $20,000 for any subsequent offense. In addition, such violations can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to an injured party.  In addition to those remedies and any others pursuant to any other law, the bill provides that a consumer made party to this kind of unlawful contract, agreement, or other type of transaction would be deemed the owner of the cat or dog and entitled to the return of all moneys paid by the consumer.