|
INDUSTRY NEWS Federal Court Dismisses Michigan Monument Builders Class Action Antitrust Litigation On October 27, the U.S. District Court in Michigan dismissed all allegations in the amended complaint by the Michigan Division of the Monument Builders of North America and individual plaintiffs against 20 cemetery companies and the Michigan Cemetery Association. Plaintiffs sought certification as a class action and alleged that the named defendants as class represented all cemeteries located in the state of Michigan. The complaint alleged that defendants illegally tied the sale of cemetery lots to the sale and installation of monuments and also of monument-related services. The complaint also alleged that defendants illegally conspired to restrain trade and attempted to monopolize in violation of the Sherman Antitrust Act. Finally, the complaint alleged violation of the state preneed statute. Among other points, the court noted that a recent U.S. Supreme Court decision rejected the contention that the uniqueness of land confers market power. Noting the long history of related lawsuits since the 1980s, the court observed, "Despite the apparent high volume of antitrust actions filed by monument dealers against cemeteries over the past twenty years, plaintiffs are unable to cite a single case wherein the court has concluded that a bare allegation of market power based on the uniqueness of cemetery property, with no allegation respecting a defendant's share of the tying market, is sufficient to state an antitrust claim." Accordingly, the court dismissed the tying allegations on these grounds. The December "Washington Report" column in the ICFA magazine will provide more details of this decision. Funeral Consumers Alliance Casket Antitrust Litigation Survives Motion to Dismiss A federal district court in Texas denied defendant funeral companies' motion to dismiss an antitrust complaint filed by the Funeral Consumer Alliance alleging that defendants engaged in a conspiracy with a major casket manufacturer to restrict the sale of caskets and that defendants allegedly engaged in price fixing. The defendants are SCI, Alderwoods, Stewart Enterprises, and Batesville Casket Co. According to the complaint, the three funeral companies collectively own and operate approximately 2,115 funeral homes in the United States and sell mainly Batesville caskets. According to the court, plaintiffs' claims were supported by "memoranda from Batesville executives, industry surveys, excerpts from periodical conducting interviews with industry executives, and comments by representatives from the defendants and the California Funeral Directors Association." The decision to deny the motion to dismiss is a procedural ruling and does not establish any liability on any defendants' part. The case will now go forward to a trial on the merits in order for the court to make a determination of liability based on the evidence or lack thereof. Funeral Rule Update: No Pending Recommendations ICFA Staff contacted the FTC Funeral Rule staff recently to inquire about the status of the Rule review. This proceeding has been dormant since 1999 when the key issue focused on whether the Funeral Rule should be expanded to all sellers of funeral goods and services. Public comments were submitted seven years ago and a workshop was held in November 1999. Current FTC staff have suggested that the original documents are outdated and that a new solicitation for public comment would have to be made. However, within the foreseeable future, i.e., the next six months, there are apparently no plans to re-activate the Funeral Rule review or for FTC staff to submit recommendations to the Commission. ICFA NEWS "Finding Buried Treasure" at the 2007 Wide World of Sales Conference You and your sales counselors will not want to miss the largest and most valuable preneed sales conference in the industry—ICFA's 2007 Wide World of Sales, January 17-19 at Treasure Island Hotel and Casino in Las Vegas, Nevada. Staged by 25 top cemetery and funeral preneed sales experts, "Finding Buried Treasure" will offer you and your sales team a treasure map for increasing your sales, boosting your marketing ROI and achieving your business goals. Speakers will offer "how to" techniques on topics such as lead generation, prospecting and referrals, the power of persuasion, cremation marketing and training and retaining top performers. In addition, you'll have numerous opportunities to network. To ensure that everyone gets the most value out of the conference, the ICFA has expanded the 2007 program to include separate manager and counselor breakout sessions. While you are learning important techniques for recruiting, managing and motivating your sales team, your counselors will attend separate sessions geared just for them on prospecting and referrals, sales techniques and more! All counselors are invited to attend a special luncheon with Gary O'Sullivan, one of the top motivational trainers in the preneed sales profession! No-one goes home empty handed! You will leave with many valuable treasures to take back and put to immediate use at your business, including a take-home binder filled with speaker handouts, PowerPoint presentations and other materials. You will also receive:
ICFA Offers $232 Music License for 2007 Just Announced: 2007 Music Licenses are available through the ICFA for just $232. Membership is open to any company in the cemetery and funeral service industry in the United States. Companies that held Music License Memberships in 2006 will soon receive invoices for renewal. Companies that wish to purchase a new membership may do so by calling the ICFA at 1.800.645.7700. The Music License Membership fee covers music licensing with all three licensing agencies: BMI, ASCAP & SESAC, for the calendar year 2007. There are no added fees. 2007 Convention & Exposition: Escape to a Tropical Oasis! The luxurious Mandalay Bay Resort & Casino will be the site of the 2007 Convention & Exposition, March 20-23, in Las Vegas, Nevada. Located right on the Vegas Strip, Mandalay Bay has it all—luxury, nightlife, shopping and fine dining! Vegas.com says: "Mandalay Bay's entry into the hip, high-end market not only raises the bar but also boosts it into low orbit. This desert oasis is one of Las Vegas's most prestitious spots to see and be seen." Among Mandalay Bay's highlights:
Attention Exhibitors: The 2007 Prospectus Is Now Online The 2007 Exhibitor Prospectus for ICFA's Annual Convention & Exposition, March 20-23, at Mandalay Bay Resort & Casino in Las Vegas, Nevada, has been mailed out to all supplier members this week. The prospectus contains the Expo schedule, booth information, the Mandalay Bay Expo Hall floor plan, registration information and more. It also is available online at www.icfa.org/pdf/07_prospectus.pdf. ICFA's Annual Convention & Exposition, "Expanding New Horizons," will explore all aspects of our profession—cemetery and funeral service, cremation and memorialization and will bring in attendees from across North America and around the globe. As always, the Expo will be held in the same room as the general sessions with free food and beverages during all Expo hours. Booth Space Applications and Contracts are due on December 15. To download the Exhibitor Prospectus, visit www.icfa.org/pdf/07_prospectus.pdf. Call 1.800.645.7700 with any questions. Suppliers, please also note that the advertising insertion deadline is fast approaching for the January Pre-Convention issue of the ICFA Magazine. Insertions are due by November 17. To reserve your space, visit www.icfa.org/icfm.htm. Limited Space Available for Final Todd Van Beck Seminar! Todd Van Beck's final seminar in Albuquerque, New Mexico, December 1-3, at the Wyndham Albuquerque Airport Hotel is drawing in a record-breaking attendance. Registration forms are still pouring in daily for this seminar and seats are limited! This is your last chance to get certified in the Advanced Principles of Quality Funeral Care. The room block deadline for the Wydham Hotel Albuquerque has been extended until November 17. Make your reservations now by calling the hotel at 503.281.2500. The Advanced Seminar in Quality Funeral Care shows funeral home owners, managers and employees how to apply the principles of quality funeral service at their firm to result in better service to families, strengthened relationships with families and higher visibility in the community. Attendees receive a disk filled with materials to take back to the community and apply immediately to their work. Space is limited, so register now! For complete program details and to register online, visit www.icfa.org/vanbeck_06.htm and follow the registration instructions; or call 1.800.645.7700. 2006-2007 Buyer's Guide & Membership Directory Available to Purchase The 2006-2007 ICFA Buyer's Guide & Membership Directory has been mailed out to all ICFA members; you can expect to receive yours by mid-November. The Buyer's Guide is one of the many valuable benefits of being an ICFA member—it serves as a networking tool and a comprehensive guide to all industry-related businesses, government agencies, associations, individuals and schools. Many members find it useful to have extra copies of the membership directory on hand for staff members and at each of their business locations. Additional copies can be purchased for only $25 per copy ($45 for non-members)! To order, call 1.800.645.7700. Get Recognized! ICFA 2006 KIP Awards You work hard to provide your customers with meaningful programs, products and services. Now is your chance to get recognized for it! ICFA's Keeping It Personal (KIP) Awards program was designed to recognize innovation and excellence in personalization in the cemetery and funeral service profession. ICFA members are eligible for entry in the four categories: Most Personalized Service, Best Practice/Personal Touch, Innovative Personalized Product (for suppliers) and Special Events. The entry deadline for the Kip Awards is December 8, 2006. For contest guidelines and to download an entry form, visit www.icfa.org/kip.htm. Winners will be recognized at the ICFA 2007 Convention and Exposition, in ICFM magazine and on ICFA's Web Site. In addition, the ICFA will provide press releases for distribution to local press in your communities. This is a great way to get publicity for your company and contribute to the advancement of the cemetery, funeral service and memorialization profession. The grand prize winner will receive free registration to the 2007 Annual Convention & Exposition in Las Vegas, Nevada. CLASSIFIED ADS 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. 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. 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. |
