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November ’98 Volume 1.11

Casket Retailing

The Newsletter of the National Casket Retailers Association, Inc. www.casketstores.com

Board of Directors

Chairman

Maynard Cheris

Impressive Casket, Inc.

Gurnee, IL.

847-662-4664

Treasurer

Laura Wend

Affordable Casket, Inc.

Southgate, MI.

734-281-7450

Directors

Rob Karlin

California Casket Co.

Los Angeles, CA.

310-390-9969

Melanie Kirkland

Casket Room

St. Cloud, FL.

407-891-7788

Robert Schlitzberger

American Budget Casket

Houston, TX.

713-926-6060

Barbara Forbes

Casket Store

Dallas, TX.

214-696-3123

 

California Regulates Casket Sellers

August 12, 1998 California Governor Pete Wilson signed into law Bill AB 1709, The new regulations in SEC. 3. Section 17530.7 of the Business and Professions Code effect California casket sellers as follows:

17530.7. It is unlawful for any person, other than a funeral director as defined in Section 7615, to sell, or offer to sell, on a retail basis, a casket, alternative container, or outer burial container, unless that person does all of the following:


(a) Provides to any person, upon beginning any discussion of prices, a written or printed list containing, but not necessarily limited to, the price of all caskets and containers that are normally offered for sale by that seller. The seller shall also provide a written statement or list that, at a minimum, specifically identifies particular caskets or containers by price and by thickness of metal, type of wood, or other construction, and by interior and color, when a request for specific information on caskets or containers is
made in person by any individual. This information shall also be provided over the telephone, upon request.

(b) Places the price in a conspicuous manner on each casket. Individual price tags on caskets shall include the thickness of metal and type of wood or other construction, as applicable, in addition to interior and color information.

(c) Places in a conspicuous manner on each casket represented as having a sealing device of any kind, the following notices in at least eight-point boldface type:

"THERE IS NO SCIENTIFIC OR OTHER EVIDENCE THAT ANY CASKET WITH A SEALING DEVICE WILL PRESERVE HUMAN REMAINS."


(d) Furnishes to the buyer prior to the sale, a written or printed itemized statement of all costs associated with the sale.

(e) Provides to the buyer a statement that includes a notice to the buyer that he or she may contact the office of the district attorney in that jurisdiction with any questions or complaints. At a minimum, the information shall be in eight-point boldface type, and state the following:
"THE SELLER IS NOT A FUNERAL DIRECTOR AND IS NOT LICENSED BY THE DEPARTMENT OF CONSUMER AFFAIRS, AND MAY NOT OFFER OR PERFORM FUNERAL SERVICES. STATE AND FEDERAL LAWS PROHIBIT A FUNERAL DIRECTOR FROM CHARGING HANDLING FEES FOR A CASKET SUPPLIED BY ANOTHER PARTY. THE MONEYS RECEIVED BY THE SELLER FOR THE PURCHASE OF A CASKET ARE NOT SUBJECT TO STATE LAW GOVERNING MONEY HELD IN TRUST. THE SELLER IS NOT BOUND BY STATE LAWS OR REGULATIONS THAT GOVERN FUNERAL HOMES AND CEMETERIES. THE PURCHASER ENTERS THIS AGREEMENT AT HIS OR HER OWN RISK. FOR MORE INFORMATION, CONTACT THE OFFICE OF THE DISTRICT ATTORNEY IN YOUR COUNTY."

The following portion of the new law requires California Funeral Homes and Cemeteries to make available a copy of a new "consumer guide for funeral and cemetery purchases"

SECTION 1. Section 7685.5 is added to the Business and Professions Code, to read:

7685.5. (a) The Department of Consumer Affairs shall make available to funeral establishments and cemetery authorities a copy of a consumer guide for funeral and cemetery purchases for purposes of reproduction and distribution. The funeral and cemetery guide that is approved by the Department of Consumer Affairs, in consultation with the funeral and cemetery industries and any other interested parties, shall be made available in printed form and electronically through the Internet.

(Don’t pass up the opportunity to help the Dept. of Consumer Affairs author this new guide as stated above)


(b) A funeral establishment shall prominently display and make available to any individual who, in person, inquires about funeral or cemetery purchases, a copy of the consumer guide for funeral and cemetery purchases, reproduced as specified in subdivision (a).

SEC. 2. Section 9663 is added to the Business and Professions Code, to read:

9663. (a) The Department of Consumer Affairs shall make available to funeral establishments and cemetery authorities a copy of a consumer guide for funeral and cemetery purchases for purposes of reproduction and distribution. The funeral and cemetery guide that is approved by the Department of Consumer Affairs, in consultation with the funeral and cemetery industries and any other interested parties, shall be made available in printed form and electronically through the Internet.

(b) A cemetery authority shall prominently display and make available to any individual who, in person, inquires about funeral or cemetery purchases, a copy of the consumer guide for funeral and cemetery purchases, reproduced as specified in subdivision (a).

You have until January 1999 to comply with the new law, for further detail call the California Dept. of Consumer Affairs at 800-952-5210

 

Price Fixing in Boston?

Some of the topics on the agenda for the 1998 National Funeral Directors Association Convention October 26th have the smell of Price Fixing. According to the agenda David Walkinshaw of Saville & Grannan Funeral Home in Arlington, Mass. Will make two presentations to the funeral directors (competitors) in attendance "Putting all your eggs in one casket?" And "Understanding Innovating Funeral Service Pricing". Scott Gilligan National Funeral Directors Association General Council, will make a presentation entitled "When its BYOC (bring your own casket) what do you do?"

The National Casket Retailers Association has published and its members have distributed a guide to educate funeral directors on anti-trust laws. But, based on the National Funeral Directors Association’s bold agenda (after having received the guide) ignores the warning.

Illinois Funeral Directors Association Executive To Resign

Robert Ninker the Executive Director of the Illinois Funeral Directors Association has announced his resignation. You may recall the Illinois Funeral Directors Association recently conducted a seminar for funeral directors (competitors) Ron Hast was flown in to speak on Funeral Service Pricing & Packaging, Addressing Third Party Casket Sellers & Competition in Bloomington, IL. on Sept 30th 1998

 

New Applicants for National Casket Retailers Association Membership

Michael Fortune

Precious Memories Casket Co.

1100 Dartford Lane

Bowie, MD. 20721

Allen Hicks

Peachtree Caskets Direct, Inc.

2850 Holcomb Bridge Rd. #130

Alpharetta, GA. 30022

National Casket Retailers Association Bylaws

Each member will receive a copy of the newly adopted bylaws with this newsletter.