facts on their website, including their actual physical location and a general price list, as well as a notice when funeral goods or services will be provided by a third-party company not owned by the defendants. • Disclose their price list upfront: The defendants are required to provide consumers with a general price list either during or immediately after their first interaction with a consumer about funeral goods or services, whether online or by telephone, and before any discussion of price occurs. • Provide info on third parties: The order requires the defendants to give consumers the name, address, and contact information for any third-party provider that will provide funeral goods or services. • Pay a civil penalty: The order requires the defendants to pay $275,000 in civil penalties. Chris Farmer, NFDA General Counsel, noted that this is an agreed order that the Defendants and the FTC agreed to and are asking the Court to enter. “Therefore, this order does not set a precedential interpretation of the Funeral Rule or any other law as it currently exists, and it does not apply to any other funeral provider other than defendants.” He added that the order imposes restrictions on defendants that far exceed the requirements of the Funeral Rule as it currently exists. “While we are glad that the FTC is able to crack down on behavior that has marred the funeral service profession for years, whether it is intentionally vague drafting or an unawareness of the implications of the language employed, there are some elements of the Order which I am concerned might have farther reaching consequences,” Farmer said. “I am still digesting the Order and considering its effects and will have more analysis for NFDA’s members next week; however, I anticipate we will see many, if not all, of these elements in a revised Funeral Rule in the future.” The Department of Justice filed the order and civil penalty judgment on behalf of the Commission in the U.S. District Court for the District of Florida. Of note, consent judgments have the force of law when approved and signed by the District Court judge. ■ MYSHIELD® IT’S OUR BUSINESS TO PROTECT MFDA MEMBERS Safety Training Resources and HR Support at Your Fingertips Commercial Insurance Property & Casualty | Life & Disability Income | Workers Compensation | Business Succession and Estate Planning | Bonding Federated Mutual Insurance Company and its subsidiaries** | federatedinsurance.com 23.02 Ed. 1/23 *View A.M. Best Rating Guide information at www.ambest.com. **Not licensed in all states. © 2022 Federated Mutual Insurance Company Access industry-specific training, sample forms and policies, an employee handbook builder tool, and more 24/7 with mySHIELD®. Scan to learn more about mySHIELD®. The content of this publication is for general information purposes only. Consult with a qualified professional when you have detailed questions regarding any topic in this publication. As the endorsed MFDA merchant service provider Select Bankcard can offer: Help bring revenue into the MFDA by contacting us for a free rate analysis today! • Preferred pricing for MFDA members • No additional fees • Complete confidentiality • Buyout of current contract • In-house merchant support Sign up with Select Bankcard and receive a $100 Amazon Gift Card “It was really easy to set-up and we had no issues at all. We’re very happy with Select Bankcard.” Jacqui Courts - Medallion Vault & Casket Co. Pete Mudrow W: 801-901-8143 C: 801-791-1938 pmudrow@selectbankcard.com montanafda.org | 13
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