House Committee Expected to Act on Bereaved Consumer's Bill of Rights
The House Energy and Commerce Committee is expected to meet in the coming week to consider and vote on the "Bereaved Consumer's Bill of Rights Act of 2009" (H.R. 3655), a bill which would direct the Federal Trade Commission (FTC) to initiate a separate rule covering all sellers of funeral or burial goods or services, including cemeteries, crematories and third-party sellers of funeral or burial goods or services.
The bill was pulled from committee consideration in early May at the request of its primary sponsor, Rep. Bobby Rush, D-Ill., because of his opposition to a proposed amendment that would exempt non-profit religious cemeteries from the bill. Rush was concerned that for-profit cemetery operators could use the exemption to escape the requirements of the rule. While there was bipartisan support for the bill, and it most likely would have passed had the amendment not been introduced, it was pulled so committee staff could draft language that would address concerns about non-profit and religious cemeteries.
Because the Energy and Commerce Committee is expected to discuss this bill very soon, it is vital that you contact your representatives to demonstrate your support for this important legislation.
What is H.R. 3655?
H.R. 3655 would require the FTC to initiate a separate rule covering all sellers of funeral or burial goods or services, including cemeteries, crematories and third-party sellers of funeral or burial goods or services.
Why support H.R. 3655?
Through the Funeral Rule, the federal government regulates a portion, but not all segments, of funeral service. Consequently, consumers are only protected when they deal with funeral homes. H.R. 3655 would set a minimum national standard with which all sellers of funeral or burial goods or services - including non-profit and religious organizations - not covered by the Funeral Rule must comply. It would only apply to those who sell funeral or burial goods or services to the public, not to other businesses.
A lack of minimum national standards and inadequate state regulation has resulted in numerous serious scandals involving cemeteries and crematories. These scandals have caused untold emotional and financial stress and strain for consumers. These scandals have also damaged the reputation of the funeral service profession. A uniform federal rule is the only solution.
If passed, this bill would protect families by requiring cemeteries, crematories and third-party providers to provide minimum disclosures and establish practice requirements and prohibitions comparable to those that funeral homes must comply with under the Funeral Rule.
H.R. 3655 would not impose new fines or penalties. The fines and penalties that would apply to cemeteries, crematories and other third-party sellers under H.R. 3655 are the same ones that apply to funeral homes under the Funeral Rule. Few, if any, funeral homes have ever received the maximum fine, and no funeral home has been put out of business because of a fine.
If enacted, H.R. 3655 would not codify any of its provisions - it merely directs the FTC to issue a rule to include certain provisions.
What will happen if H.R. 3655 does not pass?
If H.R. 3655 does not pass, it would leave a critical part of funeral service lacking federal regulation. In a dramatically changed marketplace, with new and non-traditional sellers offering many more choices for purchasing funeral or burial goods or services, consumers take a risk in dealing with these providers in a lightly, and sometimes even unregulated, environment.
What can I do to support passage of H.R. 3655?
For years, NFDA members have asked the association, their legislators and the FTC to elevate professional practices for all sellers of funeral or burial goods or services by expanding the Funeral Rule. This is your chance to make this happen - tomorrow may be too late! NFDA needs you to take the following action immediately:
1. Use NFDA's Congress-at-a-Click tool to send a pre-written email to your representative. Go to http://www.nfda.org/congressataclick (login required) and click on "Take Action."
2. Call the U.S. House Energy and Commerce Committee at 202-225-2927 and 202-225-3641 to express your support of H.R. 3655 - you need to call BOTH numbers.
3. Call your member of Congress and tell him/her to contact the Energy and Commerce Committee to express support for H.R. 3655. (Contact info for your congressman is easily found using Congress-at-a-Click, http://www.nfda.org/congressataclick.)
4. Tell your funeral service friends, colleagues and employees about H.R. 3655 and ask them to take action today! If your friends and colleagues are not NFDA members and, therefore, cannot access Congress-at-a-Click, but they still want to urge their representatives to support H.R. 3655, tell them to visit http://house.gov/ and use the "Find Your Representative" tool in the upper left-hand corner of the page.
I have questions about this bill; who can I contact?
If you have questions about H.R. 3655, please call NFDA at 800-228-6332 and ask to speak to a member of the Advocacy Division staff.
The bill was pulled from committee consideration in early May at the request of its primary sponsor, Rep. Bobby Rush, D-Ill., because of his opposition to a proposed amendment that would exempt non-profit religious cemeteries from the bill. Rush was concerned that for-profit cemetery operators could use the exemption to escape the requirements of the rule. While there was bipartisan support for the bill, and it most likely would have passed had the amendment not been introduced, it was pulled so committee staff could draft language that would address concerns about non-profit and religious cemeteries.
Because the Energy and Commerce Committee is expected to discuss this bill very soon, it is vital that you contact your representatives to demonstrate your support for this important legislation.
What is H.R. 3655?
H.R. 3655 would require the FTC to initiate a separate rule covering all sellers of funeral or burial goods or services, including cemeteries, crematories and third-party sellers of funeral or burial goods or services.
Why support H.R. 3655?
Through the Funeral Rule, the federal government regulates a portion, but not all segments, of funeral service. Consequently, consumers are only protected when they deal with funeral homes. H.R. 3655 would set a minimum national standard with which all sellers of funeral or burial goods or services - including non-profit and religious organizations - not covered by the Funeral Rule must comply. It would only apply to those who sell funeral or burial goods or services to the public, not to other businesses.
A lack of minimum national standards and inadequate state regulation has resulted in numerous serious scandals involving cemeteries and crematories. These scandals have caused untold emotional and financial stress and strain for consumers. These scandals have also damaged the reputation of the funeral service profession. A uniform federal rule is the only solution.
If passed, this bill would protect families by requiring cemeteries, crematories and third-party providers to provide minimum disclosures and establish practice requirements and prohibitions comparable to those that funeral homes must comply with under the Funeral Rule.
H.R. 3655 would not impose new fines or penalties. The fines and penalties that would apply to cemeteries, crematories and other third-party sellers under H.R. 3655 are the same ones that apply to funeral homes under the Funeral Rule. Few, if any, funeral homes have ever received the maximum fine, and no funeral home has been put out of business because of a fine.
If enacted, H.R. 3655 would not codify any of its provisions - it merely directs the FTC to issue a rule to include certain provisions.
What will happen if H.R. 3655 does not pass?
If H.R. 3655 does not pass, it would leave a critical part of funeral service lacking federal regulation. In a dramatically changed marketplace, with new and non-traditional sellers offering many more choices for purchasing funeral or burial goods or services, consumers take a risk in dealing with these providers in a lightly, and sometimes even unregulated, environment.
What can I do to support passage of H.R. 3655?
For years, NFDA members have asked the association, their legislators and the FTC to elevate professional practices for all sellers of funeral or burial goods or services by expanding the Funeral Rule. This is your chance to make this happen - tomorrow may be too late! NFDA needs you to take the following action immediately:
1. Use NFDA's Congress-at-a-Click tool to send a pre-written email to your representative. Go to http://www.nfda.org/congressataclick (login required) and click on "Take Action."
2. Call the U.S. House Energy and Commerce Committee at 202-225-2927 and 202-225-3641 to express your support of H.R. 3655 - you need to call BOTH numbers.
3. Call your member of Congress and tell him/her to contact the Energy and Commerce Committee to express support for H.R. 3655. (Contact info for your congressman is easily found using Congress-at-a-Click, http://www.nfda.org/congressataclick.)
4. Tell your funeral service friends, colleagues and employees about H.R. 3655 and ask them to take action today! If your friends and colleagues are not NFDA members and, therefore, cannot access Congress-at-a-Click, but they still want to urge their representatives to support H.R. 3655, tell them to visit http://house.gov/ and use the "Find Your Representative" tool in the upper left-hand corner of the page.
I have questions about this bill; who can I contact?
If you have questions about H.R. 3655, please call NFDA at 800-228-6332 and ask to speak to a member of the Advocacy Division staff.