U.S. REP. BOBBY L. RUSH TO UNVEIL FEDERAL LEGISLATION TO PROTECT CONSUMERS AGAINST UNSCRUPULOUS CEMETERY PRACTICES

CHICAGO – On Monday, September 21 at 1:00 p.m. in Courtroom 2525 in the Dirksen Federal Building, 219 S. Dearborn, U.S. Rep. Bobby L. Rush (D-IL) will conduct a news conference to announce federal legislation designed to ensure consumer protections against unscrupulous owners and employees of cemeteries and funeral homes. He will be joined by local elected officials, Burr Oak victims and cemetery reform advocates.

If passed into law, the "Bereaved Consumers Protection Act," will be a significant first step towards comprehensive and uniform regulation of cemeteries and funeral home practices in the country.

"Cemetery owners and those who sell funeral products will think twice before engaging in deceptive practices," said Rep. Rush, who is chairman of the House Subcommittee on Commerce, Trade and Consumer Protection. "The 'Bereaved Consumers Protection Act' will close the legislative gap in how cemeteries are regulated throughout the country and define what steps consumers can take to guarantee their rights are protected. I don't ever want to see another Burr Oak scenario again."

The "Bereaved Consumers Protection Act" will strengthen the Federal Trade Commission's (FTC) Funeral Rule, 16. C.F.R. Part 453, which prohibits unfair, deceptive acts or practices in the funeral operations industry.

While consumer sales practices of funeral homes are regulated already by FTC's funeral rule, there is no similar rule governing cemeteries, crematoria, and independent sellers of funeral goods, such as caskets, urns, and memorials.  The new rules would:

• Provide clear information regarding the prices of goods and services: All providers of funeral goods and funeral services would be required to meet many of the same standards funeral directors must now meet.  They would be required to provide consumers with accurate price information on all of the goods and services they sell, would be prohibited from making misrepresentations to consumers about existing state and local law requirements, and would be prohibited from conditioning the sale of one good or service on the purchase of another.
• Make all contract provisions clear, including the provisions of preneed contracts:. All contracts for funeral goods and services would be required to be clear and to state precisely what is being purchased and the price of each item.  Pre-paid contracts for funeral goods or services would be required to include information about any additional costs that may be incurred as well as information about the costs, fees, and penalties of transferring or cancelling that contract.
• Ensure that consumers understand the burial right purchased at a cemetery: Under the new rule, cemeteries would be required to provide consumers with all relevant rules and regulations regarding the cemetery as well as a clear explanation of the interment right that has been purchased.
• Improve cemetery record-keeping: Cemeteries would also be required to keep clear records of all burials, entombments, and inurnments, and to make those records available to federal, state, and local officials.

The "Bereaved Consumers Protection Act," comes weeks after Rep. Rush held a July 27 congressional hearing in Chicago where funeral advocates, Illinois officials and others offered expert testimony along with Burr Oak victims who told compelling, horror stories to federal lawmakers.  On July 9 four workers at the Alsip cemetery were accused of illegally digging up more than 300 bodies which were then discarded so graves could be resold. Prosecutors say the scheme netted hundreds of thousands of dollars. The accused have professed innocence.

In August authorities began investigation similar grave desecration claims at Mount Glenwood Memory Gardens South and Mount Hope Cemetery.

Rep. Rush is also requesting the U.S. Government Accountability Office (GAO) survey cemetery licensing and regulation across the country.  As part of its study, the lawmaker is asking GAO to also make recommendations to Congress regarding state licensing standards and employee registration and training requirements.

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