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Summary of Testimony by the
International Cemetery and Funeral Association
Relating to Federal Legislation
- The ICFA is opposed to the federal legislation recently proposed by Senator Christopher Dodd because the proposal identifies no consumer problems nor suggests any remedies to such problems, but instead establishes a new bureaucracy to develop "operating standards" for funeral homes, cemeteries and crematories. The bill also seeks to codify the FTC Funeral Rule into a federal statute, thus politicizing this trade rule by removing procedural safeguards and, for the first time ever, subjecting a licensed profession to Congressional regulation.
- The ICFA supports the Federal Trade Commission's Funeral Rule as a means of "unbundling" packaged plans offered by funeral homes, itemizing the pricing of unbundled goods and services through written price lists, requiring authorization prior to embalming, prohibiting special casket handling fees, and related provisions.
- The ICFA adheres to the FTC Rules of Practice and Procedures that require substantial evidence of consumer harm by entities not covered under the Funeral Rule prior to expansion of the Rule to those entities. The ICFA also advocates state laws requiring all sellers of funeral goods or services to provide consumers with written price lists.
- The ICFA believes that the funeral services profession, comprised of funeral homes, cemeteries, crematories, monument retailers, and related entities, is most effectively and efficiently regulated at the state level because virtually all consumer transactions with these business establishments are local in nature.
- To promote consumer protection and achieve a certain level of uniformity among state authorities, the ICFA published and circulated a series of twenty-eight Model Guidelines for State Laws and Regulations, beginning in 1998 through the present.
- Since 1979, the ICFA has served as administrator and coordinator of the Cemetery Consumer Service Council, an industry-sponsored organization where industry members volunteer their time and experience to answer consumer inquiries and to informally resolve disputes that do not rise to the level of violations of law. Where complaints involve potential legal violations, the group works with law enforcement authorities to assist consumers.
- The ICFA web page, www.icfa.org. contains an extensive "Consumer Resource" section that provides straight-forward information in response to dozens of consumer-related questions regarding funerals, burials, cremation, memorialization and related subjects.
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