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Washington Report

Januray 2008

Survey finds fewer funeral complaints submitted to Federal Trade Commission


by ICCFA General Counsel Robert M. Fells, Esq.

The ICCFA has published the results of its survey of funeral-related consumer complaints filed with the Federal Trade Commission from January 1, 2005, through December 31, 2006. A total of 522 complaints were submitted to the FTC during this two-year period, compared to a total of 571 complaints filed during 2003-2004.

These figures represent a drop in complaints of close to 10 percent in the comparable time frames. The decrease is especially surprising considering that more people have gone online in the past two years, making the filing of FTC complaints through e-mail (and toll-free phone numbers) more convenient.

In addition, 331 inquiries were submitted (for a combined total of 853), primarily requests for FTC publications on funerals and on the Funeral Rule.

Three hundred and fifty-eight complaints, or 68.5 percent, involved funeral homes. Most complaints alleged violations of the Funeral Rule, such as not providing a general price list, charging a casket handling fee or refusing to accept a third-party casket. Third parties, including casket retailers and monument companies, comprised the second largest group, with 80 complaints, or 15.3 percent of the total. Seventy-six complaints (14.5 percent of the total number) were filed against cemeteries. Five complaints were filed against combination operations, and three against crematories. The commission staff said the complaints "have not necessarily been verified by the FTC. Therefore, you should make your own judgment about relying on the information provided."

The ICCFA survey report contains brief descriptions of each complaint and identifies the state where each originated. As in past years, a number of complaints were filed by businesses against their competitors; that information is noted in the description. Also, the FTC internal reference number specifically identifies each complaint and inquiry.

The survey is useful in determining areas of concern for consumer protection and whether new issues are emerging.

The complete ICCFA survey report can be viewed on the association Web site at www.iccfa.com/pdf/ftc_complaint_survey.pdf.

Copyright ICCFA 2008