Brick Puppy Store Controversy: Ordinance Passes, But What Will That Mean?

BRICK, NJ — The Brick Township Council unanimously approved an amendment to its animals ordinance that would prevent the retail sale of puppies or kittens unless they come from a rescue, are seized or are donated.

The amendment is in response to controversy that has erupted surrounding Breeders Association of America, the lone retail pet store in the township, which has been under quarantine by the Ocean County Health Department since April 6 due to a confirmed case of parvovirus in a puppy purchased at the store.

That puppy, a pomsky named Cooper, died eight days after his owners, Brittany and Anne Reeves, purchased him in late March. But it was the events surrounding Cooper's death — including an attempt by the store to claim the Reeveses no longer owned him — that focused attention on the store, which has been in operation since 2007.

>> READ MORE: Puppy's Owners Want To Know: What Happened To Cooper?
What Happened To Cooper? Puppy's Owners Have Some Answers, But More Questions

As the controversy flared and more reports surfaced of sick animals, the Health Department investigated and then issued the quarantine order on the basis of Cooper's postmortem diagnosis of parvo, a highly contagious virus that is dangerous because it causes vomiting and diarrhea that can lead to dehydration and death if a dog or puppy is not properly treated.

In response to the controversy, the Township Council two weeks ago approved on first reading an amendment to its "Animals" ordinance that bans the sale of puppies and kittens in the township. That ordinance, approved in 2012, bans businesses from selling, delivering, offering for sale, bartering or auctioning cats or dogs. However, it included a clause for "legally existing nonconforming uses;" that clause allowed Breeders Association of America to continue to operate.

The amendment removes that clause, limiting all retail sales of animals within the township to "seized, rescued or donated animals." The new ordinance applies beginning July 1, which is the deadline for Breeders Association to renew its license.

While there was some debate Tuesday night about whether Breeders Association would take the step to convert to what's referred to as retail rescue, one thing was clear: On Friday, when the Health Department quarantine expires, it's likely Breeders Association will return to what has been business as usual during its nearly 10 years in business.

That means that some of the issues customers have complained loudly about over the last three weeks — the no refund policy, the financing deal, and the store's handling of health issues with animals — likely will not go away.

There are rules the store must follow with regard to what happens when an animal is ill and receives an "unfit for sale" declaration from a veterinarian. There also are rules regarding refund policies: a store must clearly and prominently post its refund policy. While numerous customers have complained about that policy, which offers only credit to purchase another puppy, they have been left with no recourse, because the store follows the letter of the law.

The letter of the law, however, doesn't make customers feel any less taken advantage of. Megan Flynn says that is exactly what happened to her daughter, Raven, last October. Flynn's ex-husband, John, and his wife had purchased a puppy at Breeders Association, and the dog had died less than two years later, John Fitz said. Raven, in a desire to ease her father's heartache over the loss, decided to put down a deposit on a new puppy as a surprise for her dad. John Fitz told the Patch that he had no desire to have another puppy. "I wasn't ready," he said.

Megan Flynn said she and John's wife went to the store with Raven the next day to explain the situation and seek a refund. The manager at the time, a woman named Kelly, wouldn't budge, Flynn said. When Flynn explained that Raven, 19, had put down the deposit without permission from her father, and that they did not want a puppy, Kelly said the contract states no refund of deposits, and that Raven could use the $520 store credit for another puppy.

Flynn said she then asked Kelly a number of questions, trying to find out how they determine who is fit and able to take care of a puppy.

"I asked her if they check ID, and they said they don't have to," Flynn said; Flynn said Raven did not have a driver's license at the time. "I said, 'Well how do you know she didn't use my credit card without my permission?' She had no answer."

Then, she said, Kelly got personal. "She mom-shamed me," Flynn said. "She said, 'I just think you don't like what your daughter did.' I said, 'I think you saw a young girl and her grandmother and you decided to take advantage of them,' " Flynn said.

A number of customers who contacted the Patch said they were encouraged to finance the purchase of puppies through WAGS Lending. In several cases, customers said they were not told the price of the puppies until their credit information was processed through WAGS.

"I asked several times how much the puppy was and I was completely ignored," said Angela Kyme of Warren Grove. After the woman waiting on her ran a credit check, the woman told her the puppy was $3,500. Kyme haggled and got the price down to $2,500, but the WAGS financing resulted in a final cost of $4,700, she said.

WAGS Lending, which filed for Chapter 11 bankruptcy protection in Nevada last week, according to inforuptcy.com, is not offering loan agreements, but lease-purchases — with exhorbitant interest rates.

WAGS Lending is owned by Bristlecone Holdings in Nevada. Bristlecone's chief executive officer, a Reno man named Dusty Wunderlich, told Bloomberg News in March that he believes leasing is the wave of the future.

Puppy leasing isn't the only high-interest leasing Wunderlich's companies do; other arms of Bristlecone Holdings allow consumers to lease furniture, wedding dresses and hearing aids, among other items.

Wunderlich told Bloomberg he even explored lease financing for funerals.

“We like niches where we’re dealing with emotional borrowers,” Wunderlich said, according to the Bloomberg report.

Breeders Association of America has been accused by a number of customers of using a similar ploy to draw customers into purchases, by letting them play with a puppy and drawing out the process of telling them the price — prices aren't posted on the cages of the puppies — so they decide they can't leave the store without the puppy.

"I don't want other people to be taken advantage of," said Francine Campbell of Toms River, who admits she fell for the tactic when she bought a French bulldog two years ago.

Photo by Karen Wall