UPDATED EVEREST INFO

Everest Accuses Wisconsin Funeral Directors of Violating Funeral Rule

Eight years ago, Everestfuneral.com launched what they billed as a funeral planning and concierge service. One of the products offered is a “Price Finder Report,” which offers a comparison of funeral home pricing data in a specific geographic area. To compile these reports, Everest contacts funeral homes by phone and asks for information contained in their GPL. Over the years, Everest has contacted a number of NFDA-member funeral homes.

In recent weeks, funeral homes in Wisconsin have received letters from Everest accusing them of being “unwilling to comply with [their] legal obligations under the Federal Trade Commission Funeral Rule” because they did not respond to Everest's “repeated attempts to obtain pricing information.” According to funeral homes that received a letter, they were never contacted by Everest for pricing information. While the letters appear to be limited to funeral directors in Wisconsin, Everest might send similar missives to funeral directors in other states.

NFDA General Counsel Scott Gilligan asks funeral homes that receive a letter like this but feel fairly certain they have not been contacted by Everest for price information to contact him by email or phone (513-871-6332). If a pattern of false claims by Everest alleging that funeral homes are not complying with the Funeral Rule emerges, NFDA will take action to report the inaccurate claims.

If you receive a call from Everest, or anyone else, asking for pricing information, you have certain obligations under the Funeral Rule:

• Disclosing Prices Over the Phone: The Funeral Rule requires funeral directors to answer telephone inquiries regarding funeral services and prices. Therefore, if you receive a call from an Everest representative – or any consumer, for that matter – inquiring about the cost of various goods and services, you MUST provide that information over the telephone. This requirement applies even though Everest is not a consumer; you are required to provide this information to anyone who calls regardless of whether the caller is a consumer.
• Mailing or Faxing a Price List: The Funeral Rule only requires funeral homes to distribute a GPL if there is a face-to-face discussion involving funeral prices, arrangements, services or goods. Therefore, you are not required to mail or fax your GPL to Everest or anyone else who calls and requests a price list. It is up to you to determine whether you want to honor that request, but you are not required to do so.

In the past, Everest employees have implied a relationship with NFDA; please know that NFDA is in no way affiliated with Everest. Should you have questions or concerns, please call Kim Klotz, Wisconsin's personal NFDA member services representative at 800-228-6332.