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INDUSTRY NEWS BREAKING NEWS: U.S. Appeals Court Denies Funeral Consumer Alliance Petition to Review FTC Funeral Rule "Cash Advance" Opinion Letter Yesterday, Funeral Consumer Alliance (FCA), an advocacy organization, was rebuffed by the U.S. Court of Appeals for the District of Columbia, in its efforts to force the Federal Trade Commission to withdraw a 2005 advisory opinion concerning the Funeral Rule's "cash advance" requirements. FCA is claiming in litigation pending in Texas that the Funeral Rule requires funeral providers to list as "cash advance items" virtually everything they sell that is acquired from third parties, such as caskets and vaults. FCA also claims that the exact markup of each item must also be disclosed to consumers. The Texas circuit court had agreed with the FCA's interpretation of the Funeral Rule. However, in July 2005, the Federal Trade Commission published an advisory opinion letter stating that "the court is incorrect.... This interpretation sweeps far too broadly, potentially bringing within its scope every component good or service that comprise a funeral. This was not and is not the Commission's intention in the 'cash advance' provisions of the Rule." The text of the FTC letter can be viewed at www.ftc.gov/os/2005/07/050707funeralruleadvoopin.pdf. FCA subsequently petitioned the U.S. Court of Appeals to require the FTC to withdraw its opinion letter. The petition claimed that the FTC letter is "a substantive amendment or repeal of the Funeral Rule" and should therefore be set aside because FTC failed to follow required procedures, including public notice and comment, prior to publishing the letter. The FTC moved to dismiss the petition claiming, among other things, that its advisory letter "does not, and does not purport to, amend, or modify the Funeral Rule in any way. Indeed, it is clear from the letter itself that it merely clarifies the meaning of the term 'cash advance item' as that term is used in the Funeral Rule." The FTC helpfully suggested that if FCA wished to challenge the advisory opinion in court, it should file an action in the district court under the Administrative Procedures Act. Yesterday, the federal appeals court agreed with the FTC, that the opinion letter was not a substantive amendment to the Funeral Rule. According to the court, "In light of the express purpose of the Funeral Rule - preventing 'unfair or deceptive acts or practices' - the FTC did not substantively amend the Rule by interpreting the phrase 'cash advance item' as applying only to items that consumers believe they will receive at cost, based on the express or implied representations of the funeral provider." Therefore, the court dismissed the FCA's petition for review but repeated the FTC's advice that it may want to challenge the letter in the district court. The appeals court decision can be viewed at www.iccfa.com/pdf/wireless041007.pdf. ICCFA NEWS ICCFA Convention Reaches Record Attendance, Enjoys Strong International Presence ICCFA's 2007 Convention & Exposition, March 20-23 in Las Vegas, Nevada, drew the highest attendance in the association's 120-year history. The four-day event had 1,327 total attendees, topping 2006 figures by 23 percent. In addition, this year's Convention hosted an unprecedented number of international delegates, with more than 170 representatives hailing from 19 countries around the world. It also offered a more extensive Exposition than recent years, with 238 booths showcasing a full range of cemetery, cremation and funeral products and services. "This was a watershed event for the association," said Internal Chief Operating Officer Joseph W. Budzinski. "Our numbers surpassed by a large margin the 'boom years' of the 1990s, and the vast majority of attendees were from independent operations." The breakdown in attendance numbers is as follows:
--40 percent representing stand-alone cemeteries --26 percent representing stand-alone funeral homes --15 percent representing "other," including stand-alone crematories, memorial design companies, insurance agencies, professional associations and mortuary schools
"The tremendous attendance by the international delegations made the big difference," said Program Chairman Kevin R. Daniels, CCE, president of The Daniels Group in Rio Rancho, New Mexico. "We are grateful for their input and support, and we look forward to working even more closely with them in the future." Exhibitors rated the overall Exposition an average of 8.5 on a scale of 1 to 10, with 92 percent indicating they "definitely" or "probably" will exhibit at the 2008 Convention & Exposition, March 26-29 at the San Diego Marriott Hotel & Marina and San Diego Convention Center. ICCFA Presents Member Awards For 2007 The ICCFA honored numerous members during its 2007 Annual Convention & Exposition, March 20-23 in Las Vegas, Nevada. Certification Designations The ICCFA certification program recognizes individuals who have demonstrated a high degree of competence and a high level of cemetery, cremation and funeral management experience and skills. The ICCFA awarded the following designations:
The International Cemetery, Cremation and Funeral Association presented awards honoring those who have belonged to the association for 25 and 50 years. Inducted into the Quarter-Century Club were:
ICCFA University, to be held July 20-25 at the University of Memphis in Memphis, Tennessee, is the only school of its kind for cemetery, cremation and funeral service professionals. The ICCFA Women's Forum awarded two scholarships to ICCFA University applicants. The scholarships cover the recipients' full costs for registration, housing and meals. The 2007 scholarship recipients are:
The ICCFA presented a special Certificate of Appreciation to George Lemke upon the occasion of his retirement as executive director of the Casket and Funeral Supply Association of America. ICCFA Offers Certified Cremation Executive Designation The ICCFA Board of Directors approved the creation of a Certified Cremation Executive (CCrE) designation during the association's 2007 Convention and Exposition, March 20-23 in Las Vegas, Nevada. The ICCFA certification program recognizes individuals who have demonstrated a high degree of competence and a high level of cemetery, cremation and funeral service management experience and skills. The ICCFA also offers Certified Cemetery Funeral Executive (CCFE), Certified Cemetery Executive (CCE) and Certified Funeral Executive (CFuE) designations to qualified individuals. To date, 25 individuals have been awarded the CCFE designation, 214 have been awarded the CCE designation and four have been awarded the CFuE designation. All four certifications are intended to raise the standards of those engaged in cemetery, cremation and funeral management; to encourage individuals to participate in continuing education and development; and to encourage self-assessment through guidelines for achievement. The ICCFA executive designation program also assists in identifying people with expansive knowledge of the principles and practices of cemetery, cremation and funeral management and related disciplines and of laws governing the profession. Information on how to qualify for ICCFA certification designations and an application can be obtained on the association's Web site at www.icfa.org/educ2.html or by calling 1.800.645.7700. ICCFA University: More than an Education Why do so many ICCFA University students keep coming back year after year? It's largely because the program offers them real-world training, knowledge and the confidence to advance and excel in their careers. ICCFAU, to be held July 20-25 at the University of Memphis in Memphis, Tennessee, is the only industry program offering comprehensive educational sessions in a college campus setting. However, ICCFAU graduates will tell you it is more than an educationit is a networking experience. For five intensive days, students live, dine and attend classes together. Class sizes are limited to encourage idea sharing and networking among students and professors. By the end of the week, students make lasting connections with colleagues from every area of the cemetery and funeral service profession. Don't waitclass sizes and housing are limited. To sign up for ICCFAU and to view the complete ICCFAU schedule, visit www.iccfa.com/iccfau07.htm; or call 1.800.645.7700. For students interested in the College of Cremation Services, a brand new Certification Program is available. Visit www.iccfa.com/iccfau07_certification.htm to learn more. Call for Presentations2008 Wide World of Sales Conference As preparations begin for the ICCFA's 2008 Wide World of Sales Conference, January 9-11 at the Hilton New Orleans Riverside in New Orleans, Louisiana, the ICCFA Sales & Marketing Committee invites ICCFA members and attendees who wish to speak at this event to submit proposals for presentations. This year's conference theme will be "Recipes for Success." We are looking for presentations that offer step-by-step, how-to information on programs and techniques that sales managers and/or counselors can take back and use immediately at their locations. Interested candidates should submit their proposed presentation to the ICCFA headquarters no later than June 22. Instructions for preparing your proposal are available by downloading them at http://www.iccfa.com/docs/presentations08.doc or by calling the ICCFA at 1.800.645.7700. Product of the Month: Lead Generation Innovations, Volumes I and II For the month of April, take advantage of huge savings on the Lead Generation Innovations DVDs, Volumes I and II. Purchase both DVDs at a discounted rate, and discover new ways to contact prospects, organize community events and generate leads. Orders must be placed by April 30 to receive the special rate Lead Generation Innovations: Volume I offers "tricks of the trade" for setting up and conducting effective group seminars, community events and consumer trade shows, attracting people to these events and following up on leads. Topics include:
Regular price: $30 for ICCFA members; $40 for non-members. Lead Generations Innovations: Volume II explains how to use networking, affinity and community programs to expand market share, including:
Regular price: $30 for ICCFA members; $40 for non-members. For the month of April only, the price for both DVDs is $40 plus shipping. Call the ICCFA at 1.800.645.7700 to place an order. Earn CE Credits Online: ICCFA Online Institute and Dignity University Cemetery and funeral home owners, managers and staff can now participate in online safety training, thanks to a partnership between the International Cemetery, Cremation and Funeral Association's Online Institute and Dignity University, an educational arm of Service Corporation International. On February 1, the ICCFA and Dignity University launched 12 Web-based courses on topics related to safety training for cemeteries and funeral homes. The courses can be accessed through the ICCFA Web site at www.iccfa.com/institute. Developed specifically for the cemetery and funeral service profession, the courses can be used to fulfill OSHA training requirements, and ICCFA-member funeral directors in most states can earn continuing education credits. Visit www.iccfa.com/institute for more information, or call 1.800.645.7700. CLASSIFIED ADS REQUEST FOR INFORMATION (RFI) The Town of Christiansburg is soliciting proposals for cemetery management services to oversee operations including but not limited to: ownership or management or cemetery property including all aspects of business such as managing and growing investments in perpetual care fund; manage files of those interred on the property; and oversee maintenance of cemetery including selling cemetery plots; orchestrating burials with funeral homes; mowing/weed-eating, debris removal, etc. Full copy of RFI may be obtained from the Office of the Town Manager, 100 East Main, Christiansburg, VA 24073, (540) 382-6128. Proposals must be received NO LATER THAN 5 PM, Thursday, March 30, 2007. Exciting Sales Opportunities! StoneMor, a leader in the industry, has exciting opportunities for Sales Professionals at many locations. We boast one of the highest commission rates in the industry and our Sales Managers enjoy triple override bonuses on all location sales after hitting performance goals. We have excellent benefits including:
EOE For more information, please call 877-857-8890 and refer to this ad or send your resume via fax at 215-826-2929 or email it to jobs@stonemor.com. www.stonemor.com Grow Your Business with FuneralHomes.com FuneralHomes.comthe Funeral Director's Resource for Effective Customer Acquisition. We connect At-need and Pre-planning consumers with Funeral Homes in their area, you are missing out on business! Position your Funeral Home at the topCall us at 1.800.208.2580 to start receiving business today. www.FuneralHomes.com. New Opportunities Await You! People preplan for many reasons. Chief among them is peace of mind. Now you can offer your families additional peace of mind through the Omega Assured Return Plan, a service option offered through Inman Shipping Worldwide. Inman Shipping Worldwide has been the recognized leader in the deathcare industry for the repatriation of human remains, from anywhere in the world, for over 30 years. With society traveling more and more today for business, vacations and even health care in distant cities, death away from home is becoming more common. When death occurs 100 miles or more away from an individual's legal residence, all the necessary services for returning the deceased to their home are covered for those enrolled in the Omega Assured Return Plan. The Omega Assured Return Plan is the logical companion for cemetery, funeral and cremation prearrangements. An ideal supplemental product, the Omega Assured Return Plan provides another opportunity to maintain contact with your client families. A simple enrollment form and onetime payment will provide a lifetime of coverage for this valuable service. Expand your selling portfolio and earn generous commissions. No license is required. To find out how you or your company can offer the Omega Assured Return Plan, call our toll free number at 1-888-889-8508 from 9:00 AM until 5:00 PM Eastern time Monday through Friday or send an email to omegareturninfo@yahoo.com. Reach Thousands of Cemeteries and Funeral Homes With Your Classified Ad!
And More ... ICCFA Introduces New sales Training Programs by sales trainer and professional speaker Gary O'Sullivan, CCE. O'Sullivan's two latest products include a 10 DVD SeriesThe Power to Sell Preneed, and a training support system called the GoSell System. Both products provide sales managers with tools and training strategies that will help them to strengthen and motivate their teams. Click here to download a detailed description of each prodcut: www.iccfa.com/docs/osullivan.doc. To place an order, call the ICCFA at 1.800.645.7700. Congratulations to the winners of the 2006 Keeping It Personal (KIP) Awards! The KIP Awards recognize outstanding examples of personalization of services or products in the cemetery and funeral service profession. Read about the winning entries at www.iccfa.com/kip.htm. For a limited time, ICCFA members can purchase the McQuaig Job Survey, the McQuaig Word Survey and the McQuaig Self-Development Survey for just $100 per assessment, a savings of up to 50 percent off the regular price. The member discount offer expires June 30, 2007. Companies assessing more than 100 candidates per year are eligible for additional discounts. For additional information, visit http://www.icfa.org/pdf/mcquaig2.pdf and http://www.icfa.org/pdf/mcquaig.pdf. For questions and to sign up for the program, contact Michael Gravelle at The McQuaig Institute at 1.800.387.5455, ext. 361, or mgravelle@mcquaig.com. Join today! The 2007 Music Licenses are available for just $232, no additional fees. Covers ASCAP, BMI and SESAC. Any U.S. funeral home, cemetery or related business is eligible for membership as a Music License Member. Join today! The ICCFA Store allows members to purchase the latest ICCFA resources and training products online. Some products are available for immediate direct download, including the newly released Wirthlin Report on consumer attitudes and article packages on cremation, cemetery and funeral home valuations and trust funds. The ICCFA News Page takes you to sources throughout the world for industry news and updates. It brings you the most comprehensive selection of funeral service and cemetery news available anywhere, along with frequently updated general news items related to national and world events. The News Page reports the news before anyone else and is one of the most visited page on the ICCFA Web site. Stop in each day and you'll see why. The Network is an online e-mail service that offers ICCFA members an easy, free way to share questions and answers to everyday on-the-job challenges. Recent discussions have examined issues such as working with the Muslim community, distance between burial sites, direct mail marketing, the growing popularity of geocaching at cemeteries, recruiting staff and more. Ideal for smaller companies with smaller budgets. Join today! The ICCFA Internet Expo is the largest online exposition in the cemetery and funeral service industry. Cemetery and funeral home owners and operators will find 300+ providers in more than 100 product and service categories. Exhibit space is provided as a free, exclusive benefit to all ICCFA supplier and professional members. Check it out today! Need a labor relations and employment law attorney? Check out ICCFA's HR Law Benefit program offering members no-cost telephone legal consultations, paid for by the ICCFA via an exclusive retainer agreement. ICCFA members now also have access to an attorney for tax-related questions regarding trust earnings, care fund allocations, capital gains, investments and more. The ICCFA has retained Leslie Schneider, CPA, a tax attorney with Ivins, Phillips & Barker in Washington, D.C., for telephone consultations for up to 20 minutes with no obligation. To take advantage of this member benefit, call Schneider at 202.393.7600. The ICCFA and Applied Merchant Systems of Chicago, Illinois, currently offer members a Credit Card Processing Program with a special low discount rate of 1.75 percent, with no per transaction processing fee. This new benefit makes it less expensive for cemeteries, funeral homes, memorial designers and related businesses to accommodate customers who wish to pay via credit card. For more information, call 1-800-675-6573. The ICCFA Insurance Program, administered by Alliant Insurance Services, allows members to purchase commercial property and casualty insurance -- including general liability, commercial property, automobile liability and physical damage, umbrella liability, professional liability, workers compensation, employee benefits and more -- at rates they probably would not be able to afford on their own. To advertise in the ICCFA Wireless: The ICCFA accepts limited advertising in the ICCFA Wireless newsletter, a bi-weekly newsletter e-mailed to all ICCFA members that are current on their dues and have provided a current e-mail address. For rates and to place your insertion, contact Nichole Causey at ncausey@iccfa.com or 1.800.645.7700. To unsubscribe from the ICCFA Wireless: Send an e-mail with "unsubscribe" in the subject line to: wireless@icfa.org. Please include your name and company name in the body of the e-mail. International Cemetery, Cremation and Funeral Association 107 Carpenter Drive, Suite 100 Sterling, VA 20164 1.800.645.7700 703.391.8400 Fax: 703.391.8416 www.iccfa.com Copyright 2007 International Cemetery, Cremation and Funeral Association. |