GILLIGAN RESPONSE TO EVEREST LETTER
Tuesday, December 16, 2008
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Posted by: Kim George
DECEMBER 16, 2008
RESPONSE TO EVEREST LETTER
As reported this week by several WFDA members, an outfit by the name of Everestfuneral.com (“Everest”) has been contacting funeral homes in the state and inquiring about prices and obtaining price lists. This effort is part of Everest’s ongoing program to acquire funeral price information for market areas across the country.
Everest advertises itself as a funeral planning and concierge service. Basically, a consumer can enroll with Everest by paying either an annual fee or a one-time fee of $495. They are then able to fill out a sheet detailing their final wishes. When the person dies, the family contacts Everest and Everest refers the family to a funeral home. Everest will also send to the funeral home the written wish list of the consumer.
We have heard from several WFDA members who are concerned regarding what are their responsibilities under the FTC Funeral Rule when Everest contacts them. Basically, funeral homes should be aware of their following responsibilities under the Funeral Rule:
1. Mailing or Faxing of Price List: The Funeral Rule only requires funeral homes to distribute a General Price List if there is a face-to-face discussion involving funeral prices, arrangements, services or goods. Therefore, funeral homes are not required to mail or fax a General Price List to Everest or anyone else who calls and requests to be mailed a price list. It is up to the funeral home whether they want to honor that request, but they are not required to do so by the Funeral Rule.
2. Disclosing Prices Over the Phone: The Funeral Rule does require funeral directors to answer telephone inquiries regarding funeral services and prices. Therefore, if Everest telephones a funeral home and asks specific questions regarding how much various goods and services costs, the funeral home must provide that information over the telephone. This requirement of the Funeral Rule applies even though Everest is not a consumer. The Rule requires funeral homes to provide this information to anyone who telephones regardless of whether they are a consumer or not.
If a funeral home wishes to save the time of explaining its prices to Everest over the telephone, its representative may offer to fax to Everest the funeral home’s price lists. If Everest agrees to that arrangement, fax the price lists promptly after the call. If Everest refuses that request (which is doubtful) or if the funeral home would prefer to provide price information over the telephone rather than faxing its price lists, it must answer Everest’s questions and disclose its prices for those items of merchandise and services that Everest inquires about.
If WFDA members have questions regarding this matter, please call Scott Gilligan at 513-871-6332.
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