Legislative, Legal, and Lobbying Documents

Bills and materials related to legislation affecting funeral consumers, pro-consumer lobbying by FCA and allied organizations, and documents pertaining to lawsuits. 

Documents

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WORC Press Release WORC Press Release

Date added: 01/11/2012
Date modified: 01/11/2012
Filesize: 385.23 kB
Downloads: 2834

Press release from the Astroturf "consumer group" Wisconsin for Responsible Consumerism, formed by cemetery interests. 

Wisconsin LRB 3490 Combo Bill Wisconsin LRB 3490 Combo Bill

Date added: 01/11/2012
Date modified: 01/11/2012
Filesize: 29.2 kB
Downloads: 3324

A 2012 bill to overturn the ban on funeral home/cemetery combination businesses. 

Wasserman Settlment Pennsylvania Wasserman Settlment Pennsylvania

Date added: 12/19/2012
Date modified: 04/24/2013
Filesize: 389.23 kB
Downloads: 2588

Agreement that the state of PA recognizes it does not have the right to regulate or interfere with religious persons or communities who care for their own dead privately without hiring a funeral home. 

Proposed new regulations Montana 4-10-2013 Proposed new regulations Montana 4-10-2013

Date added: 04/12/2013
Date modified: 04/12/2013
Filesize: 87.65 kB
Downloads: 3406

Revisions that would restrict crematories from doing basic tasks necessary to run a retail business. FCA has opposed these. 

MN House Bil 3151 Final Version 2010 MN House Bil 3151 Final Version 2010

Date added: 04/20/2010
Date modified: 04/20/2010
Filesize: 1.29 MB
Downloads: 4621
Bill restores families' rights to care for their own dead; eliminates Minnesota's requirement to embalm bodies that are on public view.

Minnesota Embalming Room Court Decision 10.2013 Minnesota Embalming Room Court Decision 10.2013

Date added: 10/15/2013
Date modified: 10/15/2013
Filesize: 491.85 kB
Downloads: 2200

The court decision overturning Minnesota's requirement that every funeral home and branch, regardless of need, construct an embalming room. The FCA of Minnesota and Verlin Stoll of Crescent Tide Funerals and Cremation were co-plaintiffs. 

Maine bill 1018, 2013 Maine bill 1018, 2013

Date added: 05/24/2013
Date modified: 05/24/2013
Filesize: 49.9 kB
Downloads: 2181

A bill to allow funeral homes to sell insurance to fund prepaid funerals. The bill was defeated, preserving Maine's requirement that funeral homes deposit prepaid money in trust accounts rather than selling expensive and commission-laden insurance policies to consumers. 

Lynch Lawsuit Against FCA Lynch Lawsuit Against FCA

Date added: 09/24/2008
Date modified: 04/24/2013
Filesize: 480.66 kB
Downloads: 5727

Thomas (Tom) Lynch\'s defamation lawsuit against Funeral Consumers Alliance.

Letter to Bibb County on Green Burial Ban Letter to Bibb County on Green Burial Ban

Date added: 01/03/2009
Date modified: 01/03/2009
Filesize: 432.74 kB
Downloads: 6052
Legal analysis from FCA on Bibb County, Georgia\'s, ban on green cemeteries.

Heffner v. Pennsylvania 2014 Supreme Court Petition Heffner v. Pennsylvania 2014 Supreme Court Petition

Date added: 07/21/2014
Date modified: 07/21/2014
Filesize: 705.09 kB
Downloads: 975

Funeral director Ernie Heffner's appeal to the Supreme Court on his suit, which was overturned by the 3rd Circuit. 

FTC 1993 Comments on Wisconsin Combo Law FTC 1993 Comments on Wisconsin Combo Law

Date added: 01/11/2012
Date modified: 01/11/2012
Filesize: 2.64 MB
Downloads: 2572

Commentary from 1993 from the Federal Trade Commission suggesting that allowing funeral home/cemetery combinations might bring competition for the good of consumers. After two decades of watching combination businesses take advantage of consumers we suspect the FTC might come to a different conclusion today. 

FCA Suggested Amendments to Colorado HB 1202 Year 2009 FCA Suggested Amendments to Colorado HB 1202 Year 2009

Date added: 04/03/2009
Date modified: 04/03/2009
Filesize: 153.1 kB
Downloads: 5838

FCA Opposition Colorado HB 1202 FCA Opposition Colorado HB 1202

Date added: 03/04/2009
Date modified: 03/04/2009
Filesize: 160.88 kB
Downloads: 6451

FCA\'s  letter to Colorado lawmakers urging amendments to HB 1202, a 2009 bill that would outlaw private, family-directed funerals and shut down price competition in the funeral business.

 

FCA of Maine Opposition to LD 1018 2013 FCA of Maine Opposition to LD 1018 2013

Date added: 05/24/2013
Date modified: 05/24/2013
Filesize: 15.45 kB
Downloads: 2090

FCA of Maine's opposition testimony to a bill that would have allowed funeral homes to sell insurance to fund prepaid funerals. The bill was defeated. 

FCA Letter to Oregon Funeral Directors Association 2006 FCA Letter to Oregon Funeral Directors Association 2006

Date added: 02/06/2012
Date modified: 02/06/2012
Filesize: 134.62 kB
Downloads: 2893

A letter responding to the OFDA's charges that FCA was telling a "vicious LIE" when we called out OFDA's attempt to compromise the consumer-protection mission of the state regulatory board. 

FCA Letter to Montana Funeral Board 4-10-2013 FCA Letter to Montana Funeral Board 4-10-2013

Date added: 04/12/2013
Date modified: 04/12/2013
Filesize: 30.18 kB
Downloads: 2840

FCA's letter protesting changes to funeral board regulations that would put direct-to-consumer low-cost crematories out of business. 

FCA Letter Opposing Oregon SB 796 Year 2009 FCA Letter Opposing Oregon SB 796 Year 2009

Date added: 04/20/2009
Date modified: 04/20/2009
Filesize: 152.21 kB
Downloads: 6061

FCA Letter Opposing Florida SB 370 2013 FCA Letter Opposing Florida SB 370 2013

Date added: 05/24/2013
Date modified: 05/24/2013
Filesize: 54.17 kB
Downloads: 1937

FCA's letter asking for amendments to SB 370, which removed language from the law that had permitted family-directed funerals without the use of a commercial funeral home. Sadly, the bill passed unanimously, having the unintended effect of making Florida citizens' dead the property of the commercial funeral business. 

FCA Congressional Testimony on Cemetery Oversight July 27 2009 FCA Congressional Testimony on Cemetery Oversight July 27 2009

Date added: 07/29/2009
Date modified: 06/02/2012
Filesize: 275.92 kB
Downloads: 6965

FCA delivered this testimony to the House Sub-Committee on Commerce, Trade, and Consumer Protection on July 27, 2009. We asked lawmakers to expand the FTC Funeral Rule to cover cemeteries, to set national standards for cemetery regulation, and to require complete deposit and consumer-right-of-refund for all prepaid cemetery and funeral money nationwide.

FCA Casket Lawsuit - Complaint FCA Casket Lawsuit - Complaint

Date added: 08/24/2008
Date modified: 08/24/2008
Filesize: 490.55 kB
Downloads: 6170
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Dangers of Prepaying

"Preneed" is a term coined by the funeral industry to describe the arrangement and payment of a funeral prior to death. Obviously, if you are to have any say in it, you must plan in advance of your death. "Prearrangement" is also used interchangeably with "preneed".

The marketing of preneed plans for funeral services and merchandise is increasingly prevalent. Various companies, including insurance companies, "for-profit cremation societies," and "preneed associations" flood the mail with advertising which touts the benefits of their preneed plans. There are a number of pitfalls, as well as options, about which consumers should be well-informed.

Click here for the full article.

Click here for a pdf.

CAN'T AFFORD THE FUNERAL? We can show you how to bring the bill down significantly. Click here for advice