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INDUSTRY NEWS U.S. Court in California: Funeral Consumer Alliance Plaintiffs are 'Forum Shopping'; Litigation Moved to Texas The U.S. District Court in Northern California recently granted defendants' motion to transfer venue of the huge litigation, In re Funeral Consumers Antitrust Litigation, to the federal district court in the Southern District of Texas, stating that "the convenience of the parties and witnesses, and the interests of justice, would clearly and substantially be improved by such a transfer." The series of lawsuits were filed earlier this year by a consumer advocacy group, Funeral Consumers Alliance Inc., which is headquartered in Vermont, and individual consumers, who have sued "on behalf of a putative nationwide class of consumers who bought Batesville caskets from the funeral home co-defendants, Service Corporation International, Alderwoods Group, Inc., and Stewart Enterprises, Inc.... Plaintiffs claim defendants conspired through a group boycott to prevent independent casket retailers from selling caskets marked under the Batesville brand and others...and jointly worked to restrict casket price competition and to coordinate casket pricing by restricting or preventing price advertising, sharing price information and promoting 'sham' discounting." According to the court, transferring the venue of the litigation from federal court in California to Texas is justified for a number of reasons: "No plaintiff resides in this district [Northern District of California]. Only one of the dozen or so plaintiffs even resides in California. Most reside on the East Coast. All of defendants' principal places of businesses are in Houston or points east.... No district claims a majority of all witnesses, but the Southern District of Texas claims more than any other district.... It is worthwhile to note that the largest team of plaintiffs' counsel in this action is based in New York." The court noted that of the four California-based witnesses offered by plaintiffs, "One is the editor of the Funeral Monitor, an industry newspaper published in Monterey. The complaint quotes from four or so articles therein. It is hard to see, however, how newspaper articles will be admissible at trial." The court also noted the following: "After the record was closed on this motion and as this order was being finalized, the Court received a further declaration from counsel for the plaintiffs. It stated that, in about ten days, counsel would be adding a further-named plaintiff resident in this district. The record shows that the day after the hearing on this motion, plaintiffs' counsel sent out a solicitation letter.... The Court has carefully considered whether this potential development would change the outcome on this motion. The answer is no." Finally, the court stated that plaintiffs' counsel "solicitation of a new party after the fact to shore up local contacts for purposes of a pending [motion] smacks of forum-shopping. The caselaw holds that if 'there is any indication that plaintiff's choice of forum is the result of forum shopping, plaintiff's choice will be accorded little deference." Of course, the litigation has not yet been adjudicated on the merits of the allegations filed by plaintiffs. Telemarketers Do Not Call Registry: One Million Complaints, Only Six Fines Although the FTC's national Do Not Call Registry has been in operation for over two years now, federal agencies have fined only six telemarketers for violations. FTC staff has stated that there are 1 million phone numbers enrolled in the Do Not Call registry, and the agency estimates that it currently receives between 1,000 to 2,000 consumer complaints against telemarketers each day. The FTC has filed 14 lawsuits against telemarketers but has assessed only four fines. Jurisdiction is shared with the Federal Communications Commission, which has issued only warnings and two fines during the last two years, ironically one of them against AT&T, the company hired to administer the Do Not Call program. Some states have stricter Do Not Call regulations than the FTC/FCC and in July, a group of 10 U.S. senators urged the FCC not to allow the federal regulations to preempt the more stringent state requirements. Consumers who believed that registering with the Do Not Call list would eliminate all telemarketers calls have found that charities, political organizations and pollsters are exempt from the regulations. Perhaps the most novel "opt out" for receiving calls is offered by the Direct Marketing Association. For a nominal fee of one dollar, DMA will place the phone numbers of the recently deceased on a special "Beyond-the Grave" Do Not Call registry. ICFA NEWS ICFA Takes 2006 Convention & Exposition to The Venetian The ICFA has rescheduled its 2006 Convention & Exposition to March 13-16 at the world-renowned Venetian Resort & Casino in Las Vegas, Nevada. The Convention originally was slated to take place in New Orleans, Louisiana; however, the destruction caused by Hurricane Katrina has resulted in the closing of that city's convention center through the end of March 2006. According to ICFA Internal Chief Operating Officer Joseph W. Budzinski: "The ICFA has a great many friends and colleagues in New Orleans. We have future meetings planned there and look forward to being able to show support for that city as soon as it has rebuilt to the point of being able to handle conferences again. We are very pleased to have found an attractive alternate location at The Venetian, with sufficient space to allow the ICFA's 'under one roof' floor plan, featuring exhibits and general sessions all in the same room." Located in the heart of the Vegas Strip, The Venetian is an all-suite luxury resort best known for its labyrinthine Grand Canal. Lined with quaint Venetian-style streets, including a replica of St. Mark's Square topped by ever-blue "fresco skies," the canal affords guests a romantic getaway on its fleet of authentic gondolas. A mall with 17 world-class restaurants and more than 80 shops, an expansive spa and fitness center, a luxury pool deck and a world-class casino make The Venetian an ideal venue for fun and relaxation after Convention hours. For anyone involved in funeral service, cemetery management, cremation or preneed sales, the ICFA 2006 Convention offers a comprehensive learning and networking opportunity, with more educational programming than ever before and a supplier Expo hosting 220+ booths. The complete Convention schedule and program can be found on the ICFA Web site at www.icfa.org/ac06.htm. Among the highlights:
ICFA Music License Membership: Only Four More Days to Get Discounted Rate! Early registration discounts end on Saturday! Don't wait ... Due to exceptional industry-wide support of the ICFA Music License program, the association has achieved a volume price break on licensing and is passing on that discount to its licensees. Sign up on or before October 15, 2005, to receive the license for just $220 per location. After October 15, 2005, the rate will be $232 per location. You have only four more days to take advantage of the early registration rate! The $220 fee covers music licensing with all three licensing agencies -- ASCAP, BMI and SESAC -- with no added fees. Membership is open to any company in the cemetery and funeral service industry in the United States. For details and to register, visit www.icfa.org/music or call the ICFA at 1.800.645.7700. How to Motivate Customers and Yourself In Chinese, the word for crisis is the same as the word for opportunity. Turning an unfavorable situation into a positive experience is an important skill for sales people. In a profession where feelings of rejection, self-doubt and fear are prevalent, the ability to stay positive and focused can be the difference between those who are successful and unsuccessful. Sales counselors who do not believe in the product they are selling are in a difficult predicament because they are torn between the desire to be honest with their prospects and the desire to complete the sales. Barry Maher, author of "No Lie: Truth Is the Ultimate Sales Tool" and "Filling the Glass: The Skeptic's Guide to Positive Thinking in Business," describes his experience with a young, highly ambitious and intelligent sales professional named Ron who was threatening to leave his company, Industrial Industries. Ron claimed the prices of the machines were too high, the quotas were unreasonable, and he felt terrible using his prospects' trust to sell them products he believed were of inferior quality to others in the industry. Ron, who normally maintained a positive outlook, faced the biggest crisis of his career and had failed to make it an opportunity. Barry Maher helped Ron to see that even though his company may not have the best product in the marketplace, that does not mean it can't be the best in terms of value. When customers purchase a product, they are also paying for all the services that go with it. Maher taught Ron to see himself as part of the purchase and to know that his expertise and quality customer service made it worth the extra money. Are your sales counselors selling a product, or are they selling a service? Learn how to turn crises into opportunities and better serve your families at the ICFA Wide World of Sales Conference, "Reality Based Selling,&aquot; January 12-13 at Treasure Island Hotel and Casino in Las Vegas, Nevada. In his session, "Filling the Glass for Sales Managers: Real World Tactics and Reality-Based Motivation for Increasing Productivity and Job Satisfaction", Barry Maher will share his insights into increasing sales and productivity, including tips on how to turn your sales counselors into superstars by applying his real-world strategies for personal development, motivation, leadership, work-life balance, management, corporate culture and more. Barry Maher is only one of the 18+ speakers at the conference. With more than 100 people already pre-registered, this year's sales conference promises to be the most highly attended in ICFA's history, giving you even greater networking opportunities as well as a wider selection of topics and speakers than ever before. Members who sign up for the conference by December 5, 2005, receive the Early Registration rate of just $410. Companies sending more than one attendee receive even greater discounts. For a complete conference program and to download a registration form, visit www.icfa.org/sales06.htm or call 1.800.645.7700. CLASSIFIED ADS Preneed Sales Management Position If you are looking for a career opportunity at a great location, we are looking for an experienced sales manager for our preneed sales department. We are a 120-acre memorial park located on the beautiful Palos Verdes Peninsula in Southern California. Our recently updated Master Plan illustrates 25-50 years of additional development and sales. Experience in pre-developed mausoleum sales is desirable. The ability to immediately expand the sales team and its results through recruitment, training and motivation is essential. The successful candidate will work closely with senior management and be responsible for developing and implementing departmental budgets. Excellent compensation and benefits. Please fax or email your resume to Ray Frew, Green Hills Memorial Park, 310-521-1320 fax; drfrew@aol.com. See our Web site at www.greenhillsmemorial.com. Please do not call. Reach Thousands of Cemeteries and Funeral Homes With Your Classified Ad!
And more ... It's not too late to register for the ICFA Fall Management Conference, October 19-22 at Kapalua Bay Hotel in Maui, Hawaii. Take advantage of top-level educational programming and excellent networking, set in a fabulous tropical resort setting. 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 Quan Phan at qphan@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 2005 International Cemetery and Funeral Association. |
