Current National Casket Retailers Association, Inc. News

January 1998

Funeral Industry Conspiracy to Eliminate Competition

Is it just a coincidence that Funeral Directors in areas where casket stores exist are offering Discriminatory "package discounts" to families who buy a casket from the funeral home?

The recent National Casket Retailers Association sweep's have determined that some Funeral Homes have inflated the regular price of items on their price list, and then offer a "sham discount package" which brings the price back to the regular price for those who buy a casket at the funeral home. Others pay the inflated price. This indirect fee is designed to negate any savings a consumer might have realized by buying a less expensive casket elsewhere.

The Funeral trade press has recently expressed both the National Casket Retailers Association and the National Funeral Directors Assoc.(National Funeral Directors Association) positions on the "sham package discount". The National Funeral Directors Association doesn't seem to understand the focus of the National Casket Retailers Association's complaints. The National Funeral Directors Association defends with the Pennsylvania case. The Pennsylvania case is not about violations described in the National Casket Retailers Association complaints. We are not talking about the Funeral Rule!
(PFDA petitioner v Federal Trade Commission respondent, petition by PFDA was denied)

The National Casket Retailers Association and its members have filed and will continue to file civil complaints based on the following three alleged violations of law.

1. "Sham Discounts" Make false or misleading statements of fact concerning the reasons for, existence of or amounts of price reductions.
1964 Uniform Deceptive Trade Practices Act,312.2(11)

2. Tying (A) tying arrangement may be defined as an agreement by a party to sell one product but only on condition that the buyer also purchase a different (or tied) product, or at least agrees that he/she will not purchase that product from any other supplier.
Northern PAC. Ry v United States, 356 U.S. 1, 5-6, 78 S. CT. 514, 518, 2 L. Ed 2d 545 (1958)

3. Monopolies and Combinations in Restraint of Trade A sale, etc., on agreement not to use goods of a competitor, make a sale or contract for sale of goods, or fix a price charged therefor, or discount from, such price, on the condition, agreement, or understanding that the purchaser thereof shall not use or deal in the goods, merchandise. of a competitor or competitors of the seller, where the effect of such sale, or contract for sale or such condition, agreement, or understanding may be to substantially lessen competition or tend to create a monopoly in any line of commerce.
15 USC Sec 14

Please contact the National Casket Retailers Association if you encounter the "sham discount package" or any other improper Funeral Home scheme.

[Click here to see some recent complaints]