Posts Tagged ‘bereaved consumers bill of rights act’

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Congressman Bobby Rush did a good job summarizing National Cemetery Reform this week in a hearing in Congress. The reform comes in response to the horrific Burr Oak Cemetery Scandal that occurred in July 2009.

The Bereaved Consumers Bill of Rights Act provides comprehensive National Cemetery Regulation for the first time in US History.

Here is part of the Congressman’s opening statement : At the hearing on the Bereaved Consumers Bill of Rights Act of 2009
“Planning for one’s own, or even a loved one’s death, is typically a “once-in-a-lifetime” experience.  It is often compounded by unpredictability. But just because death all too often comes like a thief in the night, bereaved consumers should not be left wondering who, in fact, was the real thief…death or the cemetery salesperson?

Everything one needs to know about this legislation is at the Website Bereaved Consumers Protection Act..com-CLICK HERE

“On September 25, 2009, I introduced the “Bereaved Consumer’s Bill of Rights.” Today, my Subcommittee is reviewing this draft bill at its first hearing of the new legislative session. To help us consider the measure, I am grateful to the accomplished panel of witnesses who have prepared testimony and saw fit to be here, today, to comment upon the merits and drawbacks of this important bill.

“Among H.R. 3655’s provisions, the bill would require the FTC to require ALL funeral goods and services providers, and not just “for profit” funeral homes, to do the following:

The Legislation was written in response to the Horriffic Burr Oak Cemetery Scandal outside Chicago

* provide consumers with accurate, itemized price information for each specific funeral good or service offered for sale;
* prohibit these providers from misrepresenting what federal, state, and local laws require in protecting consumers;
*
include disclosures in pre-paid contracts regarding fees or penalties to be assessed for cancellation or transfer, by the purchaser, of burial, cremation, or entombment rights to different facilities, and
* retain records of the date and location of each burial, cremation, and entombment as well as the corresponding rights of disposition (i.e., perpetual or term), and make those records available to federal, state, and local governments.

“In drafting this Bill of Rights, I have been earnest in respecting existing states’ laws. The bill would authorize both the FTC and the States Attorneys General, and other designated state entities, to enforce its requirements.-via www.house.gov

Funeral Industry|Funeral News|Funeral|Cemetery Blog By Your Funeral Guy

This is  a light in a dark place, A National  Funeral and Cemetery Consumers Bill of rights.


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Friday, January 29th, 2010
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Here is a “first news report” on a hearing  that took place in Congress today on National Legislation coming in response to the Burr Oak Cemetery Scandal.  Congressman Bobby Rush had a hearing today January 27th 2009, on the Bereaved Consumers Bill of Rights Act. The bill is H.R.3655.

NEWS-Hearing on Cemetery Reform in Washington DC today

2009 Burr Oak Cemetery Scandal inspired National Cemetery Reform Legislation

“WASHINGTON–In the wake of hundreds of grave desecrations at the historic Burr Oak Cemetery in south suburban Alsip, House Democrat Bobby Rush of Chicago wants to bolster federal consumer protections governing the sale of funeral goods and services.

CLICK HERE TO VISIT BEREAVED CONSUMERS PROTECTION ACT.COM  FOR ALL YOU NEED TO KNOW ON THIS BILL.

Rush today led a congressional hearing to examine whether the FTC, which regulates funeral homes, should have its purview expanded to include cemeteries, crematories and sellers of caskets, urns, monuments and markers.

Most cemeteries operate as non-profits, a realm the FTC generally does not investigate, said Charles Harwood, deputy director of its Bureau of Consumer Protection. Under Rush’s proposal, the FTC would take oversight of such cemeteries.
The Burr Oak Cemetery made national news in July when it was learned that hundreds of corpses had been unearthed over several years anddumped into a weeded area of the cemetery or double-stacked in other graves.

The cemetery is the resting place of Emmett Till, whose murder helpedfuel the civil rights movement, and blues singer Dinah Washington,among other notables.

A Service Corporation International Cemetery, 500 graves desecrated, was a contributing factor in the Legislation

Rush said the horrific activities at Burr Oak were not an aberration,citing new allegations of desecrating graves and reselling plots later surfaced in Mission Hills, Calif., and DeKalb County, Ga.

“Just because death all too often comes like a thief in the night,” he said, “bereaved consumers should not be left wondering who, in fact,was the real thief: death or the cemetery salesperson.”

Patricia Brown Holmes, a retired judge who led an Illinois task forcethat led to tougher, just-enacted laws governing cemeteries in thestate, spoke in favor of Rush’s measure.

Holmes said the average consumer thinks of a funeral home and cemetery as one in the same, even though under federal laws, funeral homes areheavily regulated and cemeteries are not.

The National Funeral Directors Association also supports the measure,said Randall Earl, who has a funeral home and crematory in Decatur,Ill.

NFDA Eecutive Earl wante to be sure Wallmart Caskets are Covered

He told the panel that existing FTC rules pertaining to funeral homes do not cover casket sellers such as Wal-Mart and amazon.com, so the association wants the rules updated to cover them.

Under Rush’s proposal, new FTC regulations would require cemeteries andthe other newly covered sectors of the death-care industry to provide pre-sale price disclosures.

Misrepresentations would be prohibited and clear contracts itemizing goods, services and prices would be required.

A representative of the International Cemetery, Cremation and FuneralAssociation said cemeteries and funeral homes were best regulated at the state level.  Paul M. Elvig said most cemeteries operated as nonprofits, including those run by religious, municipal and fraternal organizations, and the new regulations would disproportionately affect them “in ways that would never pass a cost/benefit analysis.”

Rush’s bill, called the Bereaved Consumer’s Bill of Rights Act, has five co-sponsors.
–Katherine Skiba WGN 720-via mobile.wgnradio.com

Funeral Industry|Funeral News Blog by Your Funeral Guy

House Subcommittee on Commerce and Energy held the hearing.


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Wednesday, January 27th, 2010
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Burr Oak Cemetery has reopened (sort of). If want  to check up on a loved one’s grave you can visit the cemetery before November 27th

Burr Oak Cemetery

Burr Oak Cemetery

You cannot drive there or walk in until November 27th 2009.Your ticket can be obtained  from  the owner of the Cemetery’s Burr Oak site, Perpetua, Inc at http://www.burroakalsip.com/

Burr Oak Cemetery is the site where Three Hundred Graves were desecrated and bones where piled up all over the Cemetery.Four people were arrested  THERE IS MORE THAN A WORLD OF HURT THERE that still needs to still be resolved.

Part of the plan to keep traffic at the cemetery down is to open up on Black Friday the busiest shopping day of the Year.

More detailed Information can be found here.

In order to correct the Burr Oak Cemetery situation Illinois has proposed cemetery reform and the  NATIONAL House of Representatives has proposed the Bereaved Consumers Bill of Rights Act.

Funeral Industry|Funeral blog by Your Funeral Guy


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Thursday, November 19th, 2009
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The National Funeral Directors Association has sent a letter to Congressman’s Bobby Rush’s Office supporting the Bereaved Consumers Bill of Rights act- but there is a problem. There desire is sure enough, the National Funeral Directors wants cemeteries and some Third parties to come be brought by Congress into supporting H.R. 3655 but there is catch-their public statements in support of the funeral rule, do not match their public policy of Funeral Rule Elimination.

Congress Has proposed H.R.3655 Cemetery Reform

Congress Has proposed H.R.3655 Cemetery Reform

In other words they are all for the Funeral Rule applying to some one else but NOT to funeral Directors, who are their members.

“NATIONAL FUNERAL DIRECTORS
ASSOCIATION (NFDA) AND THE FUNERAL RULE©

The National Funeral Directors Association

(NFDA) is the major trade association to which
funeral directors belong.
Here are two quotes regarding The Funeral Rule
and NFDA’s public policy positions from the editor of
The Director, the official publication of NFDA, as
published in The Director in May, 2007.
“…this organization [NFDA] continues to
fight the FTC Funeral Rule through its public
policy positions.”
And,
“… it [NFDA] has also long had a Funeral
Rule elimination policy on the books.”

National Funeral Directors Association (NFDA) and the Funeral Rule©from “Rest in Peace Insiders Tips  to the Low Cost Less Funeral©” by R.Brian Burkhardt”-Yourfuneral Guy

The comments on there facebook  support this fact, funeral director a  calling for Elimination of the Funeral Rule, a detriment to all funeral consumers in the consumers in the Land

Here is a partial quote from the letter:

“The letter states: “In our view, H.R. 3655 outlines for the FTC a rule which we have long argued was necessary, given a dramatically changed marketplace, with new and non-traditional sellers, many more choices for consumers to purchase funeral or burial goods or services, and the risks they take in dealing with them in a lightly, or even unregulated environment… We recognize that the most egregious scandals involving Burr Oak, Menorah Gardens and Tri-State Crematory would not necessarily have been prevented by such a rule. However, with uniform federal practice and disclosure standards, the regulatory and compliance bar will be raised for both state regulators and for cemetery and crematory owners and operators, as well as other sellers of funeral or burial goods or services… NFDA stands ready to support any and all efforts to have H.R. 3655 signed into law.”via www.facebook.com

Funeral Industry|Funeral Blog by Your Funeral Guy.

This bill will help the Consumer come in under the average cost of the Funeral.


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Tuesday, November 17th, 2009
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The National Funeral Directors Association, NFDA, has given some support to the Bereaved Consumer Bill of Rights Act(also known as the Rush Bill, and the Bereaved Consumers Protection act) The bill which ends some funeral deceptions, and brings cemeteries under the funeral rule, contains much needed funeral and cemetery reform including some unbundling of funeral packages.

600px-US_Congressional_Seal.svgThe extend of the NFDA’s Executive Board endorsement is not known at this time. It will be made available shortly.

“The NFDA Executive Board also voiced its support of the Bereaved Consumers Protection Act, referred to as the Rush Bill after U.S. Rep. Bobby Rush (D-Ill.) who introduced the bill on Sept. 22. Rush said the bill is designed to strengthen funeral home and cemetery regulation. Rush, who is chairman of the House Subcommittee on Commerce, Trade and Consumer Protection, said his bill is in response to the allegations made at Burr Oak Cemetery. In general, the bill calls on the FTC to “prescribe rules prohibiting unfair or deceptive acts or practices in the provision of funeral services.”-MemorialBusinessJournal

Funeral Industry|Funeral Blog by Your Funeral Guy


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Wednesday, October 28th, 2009
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