Prohibits contracts for the purchase or financing of a dog, cat, or rabbit from including provisions allowing repossession of the animal; provides that such provisions apply to the sale of dogs, cats and rabbits through an online website.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4058A
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the general business law, in relation to prohibiting
contracts for the purchase or financing of a dog, cat, or rabbit from
including provisions allowing repossession of the animal
PURPOSE:
This bill will protect consumers from predatory lease agreements offered
to for the purchasing of pets online.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends section 753-e of the general business law.
Section two sets forth the effective date.
JUSTIFICATION:
In 2018, New York State enacted a law to prohibit the leasing of dogs
and cats sold in pet stores. These agreements, sometimes referred to as
payment plans, are signed by consumers who have fallen in love with a
puppy or kitten at the pet store, often not realizing that they are
entering into a lease agreement and the pet could be repossessed. Unlike
homes or automobiles, pets are sentient beings that should not be treat-
ed as collateral.
In recent years, more retailers have begun to sell pets online, where
consumers choose a pet based on the online photos and complete the
purchase by paying in full upfront or through a lease agreement. New
York State has already taken steps to protect consumers from the preda-
tory leasing of pets sold in stores, but we must convey similar
protections for those who purchase a pet online. This legislation will
prohibit online pet retailers from using an animal as a form of collat-
eral and add rabbits to the animals included in current law that may not
be used for collateral.
LEGISLATIVE HISTORY:
None.
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
4058--A
2023-2024 Regular Sessions
IN ASSEMBLY
February 9, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Agriculture -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the general business law, in relation to prohibiting
contracts for the purchase or financing of a dog, cat, or rabbit from
including provisions allowing repossession of the animal
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 753-e of the general business law, as added by
2 chapter 272 of the laws of 2018, is amended to read as follows:
3 § 753-e. Prohibited contracts. No contract for the purchase of a dog
4 [or a], cat, or rabbit, or the financing of such purchase shall include
5 any provisions which authorize the use of a dog [or a], cat, or rabbit
6 as security where such dog [or], cat, or rabbit may be repossessed by
7 the seller or lender contingent on the purchaser making payments under
8 such contract. Provided, however, nothing in this section shall prohibit
9 the purchase of a dog [or], cat, or rabbit through an unsecured personal
10 loan, nor be construed to limit the enforcement of other provisions of
11 this article, article [twenty-six-a] twenty-six-A of the agriculture and
12 markets law or other rights or remedies which are otherwise available to
13 all parties under any other law. The provisions of this section shall
14 apply to the sale of a dog, cat, or rabbit through an online website.
15 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02748-02-3
