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INDUSTRY NEWS Texas Appeals Court Dismisses Most Claims in the "Funeral Rule Cash Advance" Litigation Last Thursday, the Texas State Court of Appeals in El Paso reversed the judgment of the lower court in the Hijar litigation and dismissed all claims, except one for injunctive relief under state law. The litigation, commonly known as the "Funeral Rule Cash Advance" case, alleged that funeral providers under the FTC Funeral Rule must disclose the amount of any service fee imposed on "cash advance" items. In addition, the plaintiffs alleged that cash advance items included merchandise and services such as caskets, vaults and cremation services, typically sold by funeral homes directly to consumers. The lower court had ruled in favor of the plaintiffs and certified the litigation as a class action against the defendants, including SCI Texas Funeral Services, Inc. The lower circuit court also refused to consider "friend of the court" briefs submitted by the ICFA and other interested parties. Last July, the FTC published an opinion letter in which it stated that the court had incorrectly interpreted the cash advance provisions of the Funeral Rule. The appeals court reversed because it found that none of the plaintiffs had standing to sue under the Funeral Rule because the Rule does not permit a private cause of action. That is, only the FTC itself may bring an action to allege violations of the Rule. The court stated, "Because their (plaintiffs' federal) ...claims are based on violation of the FTC Funeral Rule, they do not have standing to assert these claims on behalf of themselves or the class." Likewise, the court found that plaintiffs' claims for monetary damages under state law must be dismissed for the same reason. The appeals court concluded: "We reverse the certification order and render judgment dismissing the breach of contract, illegal contract and civil conspiracy claims. The only cause of action remaining in the trial court is (plaintiffs') petition for injunctive relief." Finally, it is interesting to note that the Funeral Consumer Alliance sued the FTC last year in federal court to compel the Commission to withdraw its opinion letter published in the Hijar case. That action is still pending. SBA Ombudsman Contacts the ICFA Concerning Unfair Federal Regulations Recently, the ICFA was contacted by Nicholas N. Owens, the National Ombudsman for the U.S. Small Business Administration, with an offer to assist ICFA members with unfair and excessive federal regulatory enforcement, such as repetitive audits or investigations, excessive fines, penalties, retaliation or other unfair regulatory enforcement action by a federal agency. The National Ombudsman receives complaints and comments from small business concerns and acts as a "trouble shooter" between them and federal agencies. Small business comments are forwarded to federal agencies for a high level review and federal agencies are requested to consider the fairness of their action. For more information, contact Bob Fells at ICFA at rfells@icfa.org or call 1.800.645.7700. Also, the SBA's Office of the National Ombudsman may be contacted directly by toll free phone at (888) REG-FAIR (734-3247) or fax at 202.481.5719. Also by email: ombudsman@sba.gov or visit its Web page at www.sba.gov/ombudsman or by regular mail at: Office of the National Ombudsman, U.S. Small Business Administration, 409 3rd Street, SW, MC2120, Washington, DC 20416-0005. U.S. Supreme Court Accepting Applications for 2007-2008 Fellows Program Once again, the U.S. Supreme Court has contacted the ICFA to alert our members to the annual Fellows Program, which offers "mid-career professionals the opportunity to enrich their respective careers by spending one year contributing to and observing the operations of the federal judiciary." The appointments begin in August or September of next year and most candidates take a sabbatical or leave of absence without pay from their current employment in order to participate. However, fellows receive a salary equivalent to GS-15/3 of the government pay scale, which is currently $114,688, and are eligible for federal employees' health and life insurance programs. The program material advises that "competition is intense" and "a degree of self-screening" is suggested. Candidates must have at least one post-graduate degree, two or more years of professional experience with a record of high performance, and multi-disciplinary training and experience, including familiarity with the judicial process. Applications must be received no later than November 13, 2006. For more information, check the Supreme Court Web page at www.fellows.supremecourtus.gov. ICFA NEWS 2006 Fall Management Conference—Unwind in Albuquerque! Make your travel arrangements now for the 2006 Fall Management Conference, October 4-7, at the Hyatt Regency Resort & Spa in Albuquerque, New Mexico. There is a very limited number of rooms still available in the ICFA room block and all rooms outside the block are completely sold out. Those who are planning to attend are encouraged to make their reservations at the Hyatt Regency Resort & Spa as soon as possible. Call the hotel at 1.800.233.1234 to book your room. Refer to Code G-ICFA. If rooms are no longer available, please call the ICFA at 1.800.645.7700 for a list of nearby hotels. There is plenty to do in Albuquerque, whether you're bringing the whole family or looking for a relaxing retreat—golfing, nature walks, museums, Indian pueblos, air tram rides and of course, the International Balloon Fiesta, the largest hot air and gas balloon event in the world! Please note that tourist attractions, restaurants and hotels fill up quickly during Balloon Fiesta Week, so make your travel plans early. To learn more about what Albuquerque has to offer, visit the Albuquerque Visitor's & Convention Bureau site at www.itsatrip.org. To register for the Fall Management Conference or to view the conference schedule, visit www.icfa.org/fall06.htm; or call the ICFA at 1.800.645.7700. 2007 Wide World of Sales: Finding Buried Treasure in Vegas! The ICFA's Wide World of Sales Conference, January 17-19, 2007, at Treasure Island in Las Vegas, Nevada, will equip cemetery and funeral service sales counselors and managers with a map for "Finding Buried Treasure" in their markets. More than 20 experts from within and outside the profession will offer "how to" instruction on topics such as lead generation, time management, marketing to diverse audiences, family service, recruiting and motivating staff and more. The 2007 Wide World of Sales keynote speakers are: Scott Ginsberg—Welcome Aboard! The Power of Approachability Author of "Hello, My Name is Scott" and "The Power of Approachability," Ginsberg will discuss interpersonal communication, focusing on first impressions, approachability and conversation starters. This can't-miss session will help attendees master skills to increase their sales and networking opportunities. Ginsberg will show you:
Effective sales and effective management are all about mastering the arts of persuasion and influence. How do we get others to follow our lead and thank us in the process? In this session, sales counselors will learn:
The complete conference schedule and registration form will be available in mid-August. Call for Presentations for the 2007 Annual Convention & Exposition The ICFA will host its 2007 Convention & Exposition, "Expanding Your Horizons," March 20-23 at the Mandalay Bay Resort & Casino in Las Vegas, Nevada. The Convention Planning Committee invites individuals who are interested in presenting workshops to contact the ICFA with their proposals by August 14, 2006. In particular, the committee is looking for speakers on topics related to cemetery, funeral home and crematory management; new technologies/hardware of the future; and funeral customs of other cultures. Complete guidelines for proposal submissions can be found at www.icfa.org/docs/ac07_proposals.doc. Questions? Call Linda Budzinski at 1.800.645.7700. Call for Applications to ICFA Board of Directors Service on the ICFA Board of Directors offers members a chance to learn about and participate in the leadership of the association, and is a meaningful way to give back to the organization and to the cemetery and funeral service profession as a whole. The ICFA's Nominating and Elections Committee is currently inviting members to apply to run for the ICFA Board of Directors. The committee will narrow all applications received to 12 nominees, which will be reviewed and approved by the board at the ICFA Fall Management Conference in Albuquerque, New Mexico, on October 4. Information on the 12 candidates will then be distributed to the membership, which will vote during the ICFA Annual Convention & Exposition in Las Vegas, Nevada, on March 21. The top eight vote recipients will serve three-year terms. To apply, you must be a designated representative of a Regular (Cemetery, Funeral Home or Allied) Member in good standing or you must be an Individual Regular Member in good standing. The deadline to apply is September 1, 2006. Applications can be obtained by calling 1.800.645.7700 or by downloading the file at www.icfa.org/pdf/2007_icfa_board_application.doc. Funeral Care Seminar Coming to Washington, D.C. Todd Van Beck's Advanced Seminar on Quality Funeral Care is among the most valuable educational experiences available to funeral service professionals. Participants learn practical principles relating to quality funeral care in a small-classroom setting, taught by one of the most highly demanded speakers in the cemetery and funeral service profession. Lowell Knopp from Daniels Chapel of the Valley in La Grande, Oregon, attended the conference in Portland, Oregon, and says "This was one of, if not the, most valuable seminar I have ever attended. Please don't let my competitor attend!" Washington, D.C., will be the site of the next Advanced Seminar on Quality Funeral Care, September 15-17 at the Hyatt Dulles Hotel in Herndon, Virginia. The first three Seminars in Chicago, Atlanta and Portland were well-received, with 100 percent "excellent" and "very good" ratings for the overall seminar on the post-conference evaluation forms. Two seminars remain in 2006:
2006 Annual Convention Audio CDs Now Available Seventeen of the presentations from the 2006 Convention & Exposition are now available for purchase as audio CDs from the ICFA. To order, call 1.800.645.7700. If you attended the 2006 ICFA Convention, you will receive a 30 percent discount if you place your order by September 1. The following presentations are $18 for members and $28 for non-members:
CLASSIFIED ADS Sales Manager/Family Service Manager Opening Premier Cemetery location in Northern Virginia seeks energetic leader for its cemetery sales manager / family service manager. We offer excellent training, full benefit package, great 401k plan, and performance based compensation package. To join our growing team email confidential resumes to donna.meier@sci-us.com or mail to Donna Meier, Mount Comfort Cemetery, 6600 S. Kings Highway, Alexandria, Virginia 22306. Mausoleum Sales Representative Wanted: Mausoleum Sales Representative. Cemetery in Southeast Tennessee, 100 interments per year, 90% traditional ground burial. Located in small town located within 25 miles of major metropolitan area. If interested send resume to: Mausoleum Sales, P O Box 8888, Chattanooga, TN. 37414 or email to: boydinv@bigplanet.com Come to Florida Wanted: Funeral Director/Embalmer Family-owned. Multiple locations in FL. Great work environment and schedule. Will keep confidential. Contact Michael Szymczak Call or fax 386-441-1144 Multiple Combination Locations in Florida Looking for energetic leaders to run sales force. Sales Managers and Family Service Counselors needed. Leads furnished. Highest compensation in the industry. Growth opportunity. For confidential interview call Mr. Green at 386-235-8045. Mortuary Manager Hillside Memorial Park and Mortuary located in the Los Angeles, California area is searching for a Mortuary Manager. The ideal candidate will possess a minimum of five years experience as a Manager/Assistant Manager including a minimum of three years of staff management. Must be computer literate and be a licensed Funeral Director. Licensed Embalmer preferred. We offer competitive salary and benefits. Please email your resume to hr@hillsidememorial.org or fax your resume to (310)342-0467. Reach Thousands of Cemeteries and Funeral Homes With Your Classified Ad!
And more ... For a limited time, ICFA 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 December 31, 2006. 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 2006 Music Licenses are available for just $220, 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 ICFA Store allows members to purchase the latest ICFA 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 ICFA 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 ICFA Web site. Stop in each day and you'll see why. The Network is an online e-mail service that offers ICFA 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 ICFA 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 ICFA supplier and professional members. Check it out today! Need a labor relations and employment law attorney? Check out ICFA's HR Law Benefit program offering members no-cost telephone legal consultations, paid for by the ICFA via an exclusive retainer agreement. ICFA members now also have access to an attorney for tax-related questions regarding trust earnings, care fund allocations, capital gains, investments and more. The ICFA 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 ICFA 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 ICFA Insurance Program, administered by Driver Alliant, 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 ICFA Wireless: The ICFA accepts limited advertising in the ICFA Wireless newsletter, a bi-weekly newsletter e-mailed to all ICFA members that are current on their dues and have provided a current e-mail address. For rates and to place your insertion, contact Kim Ferguson at kferguson@icfa.org or 1.800.645.7700. To unsubscribe from the ICFA 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 and Funeral Association 107 Carpenter Drive, Suite 100 Sterling, VA 20164 1.800.645.7700 703.391.8400 Fax: 703.391.8416 www.icfa.org Copyright 2006 International Cemetery and Funeral Association. |
