NFDA staff told me two things: 1. Reporters could not ask questions (telling me only members would be allowed questions, respectively, I chose to report on the meeting I never asked any questions ) 2. they did not want me taking pictures all over the place and this was a formal meeting, picture taking causes disruptions. I didn't use the flash or take pictures from the floor, and it shows. Thanks for understanding.
A Louisiana Funeral Director told the group her family firm had been shopped, and got fined for not giving a price list in a timely fashion, just because we don't give a price list in 12 minutes, the FD feels that shopping and inspection should be done, BUT the timeliness issue should be defined. Pres Vandenbergh, said he has heard this before and it a common complaint, the Floor was given to FTC's Atty Myra Howard she went to explain timely manor, AS SOON AS YOU BEGIN TO DISCUSS FUNERAL ARRANGEMENTS, THE GPL (General Price List) MUST BE GIVEN, it is that simple. If you have a question on the timeliness of giving a price list feel free to call Ms. Howard.
FTC's Eileen Harrington, made us wonder if NFDA is loosing credibility in increasing consumer confidence. Let's not be asking for test shopping, undercover investigations of crematories and other facilities, but not for Funeral Homes, it keeps coming back to FTC that you guys don't want test shopping at funeral homes but want it for others, you guys say one thing and want a different set of rules for yourself. You are funeral directors we all can do the right thing in own back yards. NFDA's Washington Office is the hill asking members of Congress to put a stop to FTC's test shopping, freeze or decrease FTC's appropriation so it can't do this. That is what NFDA's Washington Office is doing in Washington. Either you think undercover test shopping is ok or you don't, this gets right to the credibility of this organization that it wants to increase consumer confidence. Steve Sklar, feels the INTERNET is a darn good place to look at for regulation, it makes it difficult for state regulators, tax issues, we have internet providers looking to be licensed by states, it seems that responsible state regulation does a better job at the indifferent in advancing and protecting the interest of industry.
In Noble Georgia the industry failed, nobody checked, cremation is becoming more and more popular, it is time industry look at their own, the industry did not give the deserved checking, we were hired to do a job and we didn't do it, this will not hurt cremation, it will create a more educated consumer.
The afternoon session the panel discussed pre need funding, and consumer advice or wisdom, it's ok to Pre Plan but don't pre pay, or well pre paying is ok if you are spending down your assets to qualify for some form of government assistance, some suggest you save the money on your own, and the problem with that is, we can't get people in this country to save for their own retirement let along saving for their funeral and for the folks that did save for their funeral the money is often spent on final health care. Are consumers getting all the information about pre paying, consumers don't get all the information they should get and depend on the provider to blindly do the right thing. There is the perception that consumers know what they are doing when they sign a contract and disclosures and not be in a mind set or mood to really know what they are doing. One Panel member said HBO's program 6 feet under, should be required watching for licensees because that is what consumers are watching. Producing information to consumers that is helpful, pros and cons of making purchases of funeral, cemetery and cremation products and services. Consumers don't realize the ramifications of a pre paid funeral, the consumer believes they will get the funeral they paid for, the consumer does not know that they may not get the funeral they picked out. The FTC does not think that is the governments role to say how much something should cost, the governments role is that consumers have complete truthful and accurate information to make their choices. The FTC knows that many providers go above and beyond what the regulations require. NFDA feels that people should know the viability of the funeral home, the funds are going to be there in 5 and 10 years the security of the funds, the recording keeping the portability of the funds are all important to consumers, this information is what consumers should have, some people understand insurance and trusts, we should make sure consumers get a good information stream, giving the options of what crematories can be used, to the consumer has a good understanding what options they have chosen.
Many thanked the panel for holding the question and answer conference and to Myra Howard for always having her door open for funeral service.
John Carmon suggested that all groups should work to come up with a one page outline to the public on a joint project on how to educate consumers about cremation and prefunding, since both these issues have the most mystery and the most consumer interest. FTC's Eileen Harrington immediately said her office would be glad to volunteer such an effort, FTC has people who are professional marketing people who do consumer education work, we could certainly contribute to the process. Agreeing to text would be perhaps the hardest issue, but the FTC would be delighted to work with the associations, especially were the associations would be distributing the information and AARP would probably devote some magazine space as well.
Pres. Vandenbergh told us of a task force that is looking at preneed laws in different states, and this past week he got a preliminary report and from that we will come up with policies for the policy board to put through this is something we are very interested in. Bob Fells (ICFA) told us there are some twenty parties that want the FTC rules expanded, and ICFA is in favor of the FTC rules and procedures. Jeff Kramer (AARP) want consumers made aware of what they can expect from a pre or at need funeral agreement, AARP tells it's members to shop around and to be award of the options that are available.
During the meeting I asked NFDA staff to send me the names of the people on the pre need task force.
In a message dated 3/27/02 4:46:12 PM, NFDA writes: The names of Preneed Task Force members. I hope this information helps.
Jim Stapleton - Rhode Island
Wilson Beebe - New Jersey
Michael St. Pierre - Indianapolis
Paul Dixon - Illinois
Tom Snyder representing Cremation Association of North America told us they are very interested in participating in with anyone who is willing to bring guidelines for inspection procedures having a diverse membership base of 1,200 members many of whom are members of other related associations thus far CANA has taken a low profile we focus specifically on cremations the handling of human remains and the operation of a crematory and look for a commonality in rules and regulations to regarding both of those. Within the last 9 months CANA has been looking for a strategic alliance to enhance education in the profession with respect to cremation. How the Noble Georgia happened we will probably never know, we know how it could happen with no oversight we would like to work to have the customer more involved. Understanding the process the care in identification and dignity that goes into the cremation process, the public thinks cremation is a big mystical magical process.
Steve Sklar, Director of the Maryland office of Cemetery Oversight, told us the funeral rule has to be addressed, the funeral rule being expanded to all other death care providers would be marginally helpful, an informed consumer will make better judgments, effective and meaningful regulation should come at the state level, the federal government does not have the resources as the states do to do the job faster and be attuned to local customs and cultures, the federal role should be to allow states to use the option out of the funeral rule if their own programs can be demonstrated to be equal too or better than the rules offered to consumers by any federal rule. This would give states an incentive to comprehensively and effectively regulate both cremation and cemeteries, now less than half the states don't do that today. The Public is unsettled by recent events and need a quick infusion of confidence in this whole death care sector. A regulator is necessary, self policing or self interest of any one doing what they think is good, it is the state that will install consumer confidence. Often we get a call from a consumer and we confirm that the cemetery has been telling the truth, an instance where a sale has been facilitated by the regulators office not stopped or diminished but facilitated, it help industry to have a regulator to give a place where mediation can occur. Retaining good will. A regulator makes the public feel good that there is a watchdog out there. So much competition is cut throat, by rivals between cemeteries and funeral homes and it is driving consumers away from traditional and conventional approaches to final disposition, and leaving a sour taste in their mouth about the whole industry.
Bob Fells, International Cemetery and Funeral Association, today we heard things to divide and unite us, we should move in a positive manor if we are going to work together, AARP's participation is essential, maybe we should share our complaints, there is a great deal of mystery of how many complaints are really out there since there is no place to complain to. It makes sense to combine our resources to move forward. Funeral Service Professionals can spot misconduct better than anyone else, there needs to be a concerted effort for professionals to report wrong doing. In this profession to have the esteem of your colleagues and being ejected by your professional association is a big deal and will be avoided. We should not be afraid of issues we disagree on, it is good to talk about areas that we disagree on.
Eileen Harrington representing The Federal Trade Commission, the Noble Georgia illustrates how bad things can happen, and if the only alternative is having some governmental agency standing in ever business in this industry to make sure nothing bad happens, that is never going to happen. Government will never have those kinds of resources. If your concern is that consumers have lost confidence what does the panel think should be done. Ms. Harrington wonders if there is any way the industry could do more checking up on each other, bad things can happen when we don't check on each other, maybe you guys ought to be out there should test shop each other and over industry lines, can you talk to each other what you find, you know what should be happening at every stage of a transaction what should be happening, putting your eyes and ears into places where there isn't transparency and to see what is going on and to deal with what is found. Sanctions of when a code of ethics causing expulsion when done properly is legal to do in the FTC's eyes. Bad things happen when consumers cannot see what is going on. Put some teeth into their industry codes of ethics. The education issue is important here, if consumers cannot see what is happening, education cannot help them, trusted money that is stolen or Noble Georgia education cannot help there. FTC would be willing to have their anti trust people to make sure codes of ethics are acceptable and enforceable, and help train people in your industry to test shop yourselves.
Robert Vandenbergh, NFDA President we are proposing education format where we will go out and form consumer alliances with consumer advocates through out the country. As for self policing we proposed a different step, an enforceable code of ethics, so we will be self policing and setting standards that all members of NFDA will have to abide by. The consumer education is our common ground. We need to compile all our association documents of standards and consumer tips to compile and agree on one solid generic document that all the associations sign off on.
Jeff Kramer, AARP federal affairs office, they would be glad to help consumers understand cremation and prefunding. Maybe we could sit down and work on some state model bills so we are not all butting heads with state legislators and help move agreed legislation forward.
Here is where I ran out of tape, I stayed for the rest of the forum but I did not hear of anything that was decided on, this Consumer Forum hosted by NFDA was a very timely necessary first step to protect consumers, we can only pray our industry will continue moving forward protecting the consumer, as one said at today's meeting, we can fix this or we can sit back and let the FEDS fit us into uncomfortable laws.
BOTTOM LINE, get involved with your association, call them, tell them how you feel, volunteer some time, lets re-elevate our profession to a new height, thanks to NFDA for having this meeting and thanks to those who took the time to come to Washington and share our wisdom.
In a message dated 3/24/02 11:42:07 PM, AGRAVEgal writes:
Happy is he who dares courageously to defend what he loves.
-- Ovid
***********************************************************
I recently attended the NFDA Consumer Protection Forum in Washington DC. Here are the questions presented to the panelists at the Forum. I am interested in the ideas of many funeral professionals.
Some of the questions overlap, and you could combine your answers in order to save yourself time. (These questions are lengthy, but I am interested in your suggestions for consumer protection, and these questions will help get your thoughts started.)
I hope to compile all the answers I receive and present them at the next Consumer Protection Forum.
Thank you for your time, and I look forward to your answers. Please be sure to send your response to agravegal@aol.com
1. How does your organization feel about the types of activities we have seen in recent months that are eroding consumer trust in funeral service providers? What action is your organization taking, or planning to take, in response to these incidents?
2. Of the many different kinds of business transactions that might be involved in meeting the needs of a funeral service consumer, what specific types of transactions within your area of expertise do you think require the closest scrutiny from a consumer protection standpoint? Please explain the nature of these transactions.
3. What actions could be taken by consumers, industry representatives and/or government representatives to reduce consumer exposure to fraud or abuse in the kinds of situations discussed under question 2?
4. Given the patchwork of state regulation of crematories, cemeteries, funeral homes and preneed sales; the limitations on parties and transactions regulated under the FTC funeral rule; and enforcement limitations at both the state and federal levels; what kind of state and/or federal regulatory scheme would be in the best interest of the consumer?
5. What are the most promising avenues a broad based coalition should pursue to establish a mutually acceptable funeral service consumer protection agenda in the coming months? Is the organization you represent able and willing to participate in such a coalition? If so, what special resources, skills and/or information do you think your group could bring to this effort? If no, why not?
Supplemental Question:
Some argue that licensing of all funeral directors, cemeterian, cremationists, and anyone selling funeral goods or services to the public, while not a cure-all by any means, is a basic consumer protection measure that is needed if regulation is going to be effective. Would you agree or disagree and why?
Brookfield, Wis. - The National Funeral Directors Association (NFDA) brought industry leaders, federal and state regulators, and consumer advocates together for the first-ever "Funeral Service Consumer Protection Forum", Thursday, March 21, 2002, in Washington, D.C. During the session at the Mayflower Hotel Grand Ballroom, the parties joined together to identify problems facing the funeral service industry, andto begin work on developing solutions.
"We consider this event to be an outward sign that NFDA, and other caring funeral service professionals, will not tolerate the kind of betrayal of consumer trust seen in Noble, Ga., South Florida, California and other areas of the country in recent months," said NFDA President Robert F. Vandenbergh. "The Forum united funeral service representatives who share a common commitment - providing compassionate care to families."
The Forum was led by a six-member panel that included NFDA President Vandenbergh; Federal Trade Commission (FTC) Associate Director of Marketing Practices of the Division of the Bureau of Consumer Protection Eileen Harrington; AARP Senior Legislative Representative of Federal Affairs Jeff Kramer; Cremation Association of North American (CANA) President Tom Snyder; International Cemetery & Funeral Association (ICFA) External Chief Operating Officer Robert Fells; and Director of the Maryland Office of Cemetery Oversight Steve Sklar.
"We applaud the National Funeral Directors Association for their call to funeral service professionals to provide the highest standards of care," said Garey Eakes, Chief Operating Officer, Partnership for Caring, a national, nonprofit organization devoted to end-of-life care. "Their convening of an industry, government and consumer forum on consumer protections is an unprecedented step in evaluating current consumer protections to ensure compassionate care for the families who are served by this profession."
All the associations represented on the panel agreed that their respective organizations/agencies would work together to: Develop and distribute educational materials. To better protect the interests of funeral service consumers, panel members agreed to develop a Consumer Cremation Fact Sheet, as well as a Funeral Preplanning Fact Sheet. Once developed, the fact sheets will be available on the NFDA Website at nfda.org, as well as the FTC, AARP, CANA, and ICFA Websites.
Develop and distribute to their members, a jointly produced "best practices" list for using and inspecting crematories. Review their association's Code of Ethics. The associations on the panel agreed to look at their respective codes of conduct to determine if they could be strengthened.
In addition, NFDA made the following recommendations: NFDA is recommending a broad-based consumer education program. The program would involve nationwide, day-long sessions where consumers could pose questions to funeral directors to gain a better understanding of funeral industry processes, including cremation.
NFDA will institute a Code of Professional Conduct that will supplement its Code of Ethics, and move toward enforcement, to include the dismissal of members who do not abide by high ethical standards. The FTC has agreed to review the new procedures once they are drafted.
NFDA is identifying those states where crematory licensing laws must be improved to protect consumers. NFDA will assist state funeral associations and consumer groups in their efforts to enact tougher state laws.
NFDA reaffirmed its long-standing position that the FTC should strengthen the Funeral Rule by including under its coverage anyone who sells funeral goods or services, including crematories and cemeteries.
NFDA will continue to educate its members about best practices, including working with third-parties such as crematories and cemeteries.
END OF NFDA NEWS RELEASE
In a message dated 3/22/02 10:57:47 AM, staff@ncfda.org writes:
919-876-7886 * 800-616-2332 * FAX: 919-876-5382
http://www.ncfda.org
E-LINE March 22, 2002
A MEMBERSHIP REPORT ON EVENTS IN WASHINGTON, DC
A Report on NFDA Advocacy Summit
During the week NCFDA representatives have participated in the annual NFDA
Advocacy Summit in Washington, DC. President Elect and NFDA Policy Board
Representative Ken Poe, Past President Jack Briggs and Executive Director
Larry Stegall called upon the North Carolina congressional representatives.
Position statements were shared with the congressional staff. Copies of the
issues were given at each congressional office. The primary issue related
to strengthening of the FTC Funeral Rule to include ALL sellers of funeral
goods and services Other issues included an appeal to reduce the cost of
health insurance premiums for small business by enacting the Association
Health Plan legislation that would allow trade associations to offer
affordable health insurance to their members. The NCFDA delegation also
asked our representatives to permanently eliminate the federal estate tax on
family owned business assets transferred at death. Look for our follow-up
report in coming days.
Funeral Service Consumer Protection Forum
Following the events in Noble, Georgia, NFDA called on allied associations
and consumer groups to meet for a forum in Washington. The meeting and
panel discussion was held on Thursday, March 21, 2002 at the Mayflower
Hotel. Sue Castorino, a speaker specialist was the moderator. Members of
the panel were Robert Vandenbergh, President of NFDA , Robert Fells,
External Chief Operating Officer, International Cemetery & Funeral
Association (ICFA), Tom Snyder, President, Cremation Association of North
America (CANA), Steve Sklar, Director of the Maryland Office of Cemetery
Oversight , Jeff Kramer, Senior Legislative Representative, Federal Affairs,
AARP and Eileen Harrington, Associate Director, Marketing Practices
Division, Bureau of Consumer Protection, Federal Trade Commission (FTC).
Panel Presenters were asked a number of questions relating to consumer
trust, consumer protection and reduction of consumer exposure to fraud.
After all was said and done (and more was said than done), the participants
agreed to provide consumer education information to the FTC representative,
Ms. Harrington. She in turn agreed to have the FTC staff look at the
material and seek to develop a one page consumer education document that all
panel members might agree upon. Other discussion centered around expanding
the FTC Funeral Rule. The association representatives and AARP supported
the expansion. Much discussion was heard about the FTC practice of using
3shoppers2 to check on funeral home compliance with the FTC Funeral Rule.
It is likely the forum discussion will continue in the future. Stay tuned
for future reports on congressional interest and investigations in to your
business . . . Much more to come.
CLOSER TO HOMEÐLEGISLATIVE DRAFT UPDATE
The North Carolina Board of Mortuary Science voted at their meeting on March
13th to proceed with the legislative draft with some minor changes as
outlined in the NCFDA newsletter of March 8, 2002. This proposal will be
sent to the legislative representative who has expressed interest in
attaching this proposal to existing legislation in order for the draft to be
considered during the short session. We will keep you informed of the
progress.
FUNERAL SERVICE PROFESSIONAL ASSOCIATION does not share membership info with anyone, no one will be given your information with out your permission or a court order.
To Join the Funeral Service Professional Association you must derive some of your income from the funeral industry, students and retirees from the funeral profession are welcome as well, please e-mail the following information.
If you skip answering one of the seven questions, you are wasting your time, the standards are the same for everyone, FSPA is open to everyone in funeral service, we are all equals here no exceptions, FSPA will not tell anyone who you are unless you request your identity be disclosed, FSPA is only open to any type of Funeral Service Professional, or Funeral Service Affiliate such as: Funeral Association employees, Mortuary School Students, Funeral Service product providers and Funeral Service Media.
Accountants will tell you FSPA is a write off ! Please check with your accountant. If s/he approves Go get yourself a nice laptop and possibly write off your hardware as well as AOL or other Internet service charge as an expense, the more your participate in FSPA the more proof you have.
If you have a suggested question this please just send it along, none of FSPA 's mail will be possible with out your sending information into us,
To make life easier on me
First and foremost, Send your info or story in to FSPA.
2nd Please put on the top line your name and location, like "John from Massachusetts writes :"
3rd please address the subject line put:
This is just a hobby, if you send and don't address the subject line with FSPA, it usually delete it because it looks like junk mail, FSPA get over 50 pieces of mail a day, most gets deleted, THE SUBJECT LINE is the key so please, use the subject line properly. Put FSPA in the Subject line along with the flavor of your message.
PLEASE PLEASE PLEASE the posting(s) you send are some times resent to others be careful, if you are proud of what you said and want the world to know how you feel Put your name, location and e-mail address at the end.
However If you don't want the world to know your ideas and you want to remain anonymous, just put name withheld at the end. FSPA does not reveal who its members are nor does FSPA lend it's list of members to others. There is no need to identify yourself. If you are not proud of your response (like the air line lost a body on us) it is not recommended you identify yourself, since we can all learn from problems. We need your input! Your answers go all over the place, E-mail is so easy to forward. We are happy to learn from your problems and issues, there is no need to identify yourself if you don't want to, South Western United States if just fine.
If the article you want is from a commercial publisher YOU MUST get permission from the person or company who created the story.
Because e-mail can be altered electronically, the integrity of this communication cannot be guaranteed. Any of the items you read here, you are free to reuse, understand, the postings are just that, the items are for the most part cut and pasted from E-mail, others FAXed and of course from funeral publications and other media. What you see here is never checked, if you do decide to republish or quote any thing FSPA puts out, check it out, please do not name the individual who sent the article without their permission. If you see fit to use any information from FSPA please give us credit. Ages ago a state association news letter posted a quote using the senders name, she was not a happy camper nor was her company, please use caution in the future. We appreciate your understanding and we need your support.
Consider these steps for your life.
1. Work like you don't need the money.
2. Love like you've never been hurt.
3. Dance like you do when nobody's watching.
C YA
John
BOTTOM LINE: WE ALL WORK FOR THE BETTERMENT OF FUNERAL SERVICE PROFESSION AND THE DEATH CARE INDUSTRY THE CONSUMERS WE SERVE AND THE PROFESSIONALS WE WORK WITH. IF YOU SEE ANYTHING WRONG, IF SOMETHING HERE REALLY OFFENDS YOU, LET'S WORK TOGETHER. PLEASE NOTIFY FSPA IMMEDIATELY, YOU CAN E-MAIL TO lowellma@aol.com Or call FSPA in the United States Voice 978-458-6816 Fax 978-459-0115 or the old fashioned way through the mail at FSPA c/o 14 Highland Street Lowell, Massachusetts 01852-3399 USA
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