April 26, 2006

Attorney General Corbett sues Berks County dog seller; Suit seeks to shutdown kennel until refunds are issued

HARRISBURG - Attorney General Tom Corbett today announced the filing of a lawsuit against a Berks County kennel owner accused of selling sick or diseased dogs and deceiving consumers about their legal rights under the "Puppy Lemon Law." The suit also seeks to shutdown the kennel until all restitution, fines and investigation costs are paid.

Corbett identified the defendant as Traci Murai, doing business as Bullie Pups R Us, 313 W. Morlatton Road, Douglassville, Berks County.

Agents with the Bureau of Consumer Protection said that Murai, who sells imported English Bull Dogs, operated a kennel which sold more than 250 dogs since 2004 to consumers nationally. 

According to the suit, Murai required customers to sign a contract that was located on the business' website.  The purchaser contracts included a provision requiring consumers to forfeit their legal rights afforded to them under Pennsylvania's "Puppy Lemon Law."

"We allege that consumers were falsely led to believe that it was legally acceptable to waive their rights as new pet owners," Corbett said.  "In reality, sellers cannot reduce, alter or choose not to comply with any of the protections provided under state law."

According to investigators, the defendant sold consumers puppies that were sick, had infectious diseases, congenital or genetic defects or were falsely represented as healthy dogs. Consumers complained that their puppies required veterinary care, after the dogs were diagnosed with a variety of illnesses.

The suit claims that the defendant ignored those consumers' attempts to contact her about the health of their newly purchased puppies. In addition, the defendant failed to honor consumers' requests for payment of veterinary bills or other medical treatment, up to the price of the puppy, as required under Pennsylvania's "Puppy Lemon Law."

In one case, a New Hampshire woman agreed to purchase a puppy from the defendant, not knowing that the dog was seriously ill.  The sales contract included the alleged illegal waiver clause. Upon bringing the dog home, she noticed that the puppy had nasal discharge, a significant cough and was wheezing.

The puppy was ultimately diagnosed with a genetic condition that involved a defective trachea and swollen lymph nodes. Ten days later, the puppy died of pneumonia. The consumer complained that the defendant treated her rudely when she attempted to exercise her rights under Pennsylvania's "Puppy Lemon Law." The defendant is accused of failing to provide the full relief allowed under state law.

 The lawsuit asks the court to:

• Require the defendant to pay restitution to affected consumers.
• Require the defendant to forfeit her right to own or operate any business involving the sale of dogs in Pennsylvania until restitution, fines and costs are paid.
• Require the defendant to forfeit all profits that resulted from alleged illegal business practices.
• Require the defendant to pay civil penalties of $1,000 per violation and $3,000 for each violation involving a consumer age 60 or older.
• Require the defendant to pay the Commonwealth's investigation costs.

Corbett said, "I can't stress enough how important it is to learn and know your rights as a consumer when buying a puppy. The excitement of owning a new pet can sometimes distract even the savviest consumers, which is why I recommend thoroughly researching the seller and state law before adding a dog to your family." 

Consumers who wish to file complaints in this case are asked to contact the Attorney General's Bureau of Consumer Protection by calling 1-800-441-2555 to obtain a complaint form or by visiting www.attorneygeneral.gov to file electronically.

 The lawsuit was filed in Berks County Court of Common Pleas.  The case is being litigated by Deputy Attorney General Julia N. Fisher of the Attorney General's Bureau of Consumer Protection in Allentown.

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