Legal Issues


A provincial goverment press release from Nova Scotia, Canada:

A change to provincial regulations for vehicle warning lights will allow the lead car in a funeral procession to use a purple flashing or revolving light on a highway.

“The regulations were amended in response to requests from funeral directors to have purple lights on the lead vehicle in a funeral procession to alert other drivers to the presence of the procession,” said Brooke Taylor, Minister of Transportation and Infrastructure Renewal.

While drivers in a funeral procession traditionally turned on headlights to differentiate the procession from other highway traffic, this practice is less effective with the widespread use of daytime running lights.

The rules in the Motor Vehicle Act for funeral processions have not changed and apply whether or not the lead vehicle has a purple light. Drivers are prohibited from interrupting the funeral vehicles by driving through or into the procession, except at a traffic signal.

An increasing number of provinces allow funeral procession vehicles to display flashing purple lights and use is relatively widespread in the United States.

The amendments support government’s priority to keep communities safe.


FOR BROADCAST USE:

     A change to provincial regulations for vehicle warning

lights will allow the lead car in a funeral procession to use a

purple flashing or revolving light on a highway.

     Transportation and Infrastructure Renewal Minister Brooke

Taylor says the regulations were amended in response to requests

from funeral directors to have purple lights on the lead vehicle

in a funeral procession to alert other drivers to the presence of

the procession.

     An increasing number of provinces allow funeral procession

vehicles to display flashing purple lights and use is relatively

widespread in the United States.

Media Contact: Lindsay Mills
              Transportation and Infrastructure Renewal
              902-424-3289
              E-mail: millsle@gov.ns.ca

After reading the headline 1 Killed in Funeral Procession Crash, I wondered how many funeral directors are still gladly leading funeral processions and what it will take for us to encourage our clients to eschew this time-honored (and, nowadays, dangerous) practice.

In my days as a funeral home administrator, I seldom led funeral processions, since I was often charged with cleaning up after a funeral had left the chapel.  But before I headed back inside to scrub green oasis stains from beige carpeting, I usually had the harrowing task of stopping three lanes of 55-mpg+ traffic for the procession.

The cussing, honking and rude gestures got so bad that I finally printed this Florida statute on a piece of poster board:

316.1974  Funeral procession right-of-way and liability.  3(a):  Regardless of any traffic control device or right-of-way provisions prescribed by state or local ordinance, pedestrians and operators of all vehicles, except as stated in paragraph (c), shall yield the right-of-way to any vehicle which is part of a funeral procession being led by a funeral escort vehicle or a funeral lead vehicle.

Holding up the sign for oncoming traffic at least gave them something to read as they waited.  Still, there were numerous times that I was either verbally accosted or narrowly missed by a vehicle that didn’t care about the law.  One driver, a visitor from Georgia, actually hit my arm with his black BMW X3 as he drove around me and skirted the procession.

Other times I’d get the procession safely on the road, only to get a phone call from someone complaining that they had to wait in traffic for our procession.  One man complained that he had the right-of-way (a green light) and we should have told our procession members to stop at red lights.  Even after I read him the law and told him that our procession, in fact, had the right of way, he tried to complain that we shouldn’t do processions because he, and others like him, didn’t know the law.

We could argue that ignorance is no excuse, but truth is, ignorance gets people hurt.  On better days, ignorance only ends up in a fender bender or hurt feelings.  On the worst days, a little ignorance can end in death, like the news story I cited earlier.

What responsibility do we, as funeral professionals, have to the people in our care during a procession?  Lawyers can tell me all day long that any injury or death that occurs in a procession is not the liability of the funeral professional, but I wonder how I’d feel if someone died in one I was leading.  Would I find comfort in the law?  Would the negative effects of such bad publicity be mitigated because the law says I’m not responsible?

If I were still running a funeral home, I think I’d counsel families against processions.  I’d encourage use of printed directions.  Maybe we’d station staff cars at landmarks along the way, with a note on the map:  “If you get lost, meet up with a funeral home staffmember at the following locations.” 

What would you do?

A new Missouri law takes the power of sepulcher (decisions about funeral arrangements) away from the next-of-kin if a durable power of attorney has been designated by the deceased.

The article, published on the Missouri Attorney General’s consumer blog, states:

In the past, next-of-kin had the final say on this issue. So, in the past, if you chose cremation, your family could overrule you and your DPA and choose something else. But now your DPA will have the final say – so be sure to tell your DPA what you want.

Read the full article here.

I was eating lunch yesterday (a ham sandwich, if anyone cares) and the phone rang.

It was an AT&T operator with an IP relay call for me.  You may remember that we discussed these types of calls last October in a post titled What is an IP Relay Call and is it a Scam?

So I took the call (they’re free, at least to the receiver) and got the exact conversation the scam warning described, which went like this:

OPERATOR: (speaking for the typing scammer) Do you sell casket?

ME:  No, we don’t.

OPERATOR:  What do you do?

ME:  I don’t understand the question.

OPERATOR:  (long pause)… I need funeral home.

ME:  We’re not a funeral home.

OPERATOR:  The caller has hung up. 

This is a lot like the scams we’ve seen via email that ask for information regarding funeral products, or help repatriating remains to the United States.

As I’ve explained before, these people are trying to gain your trust so that at some point during the arrangement, they can convince you to pay for an item or service (caskets, consulate fees, etc.) before you figure out it’s a scam.

Often, more general scams of this nature ask the scam-ed person to pay taxes or consulate fees to accept a package sent C.O.D..  Usually, this package, which is supposed to contain large sums of money or valuables, is filled with junk or, worse, nothing.

I’ve heard a story, probably apocryphal, that a funeral director once accepted remains at the airport, for which he had to pay a cash C.O.D. charge, which contained, not a casket, but large rocks.

Be aware that an email or IP Relay call asking for your assistance with some nebulous, fishy-sounding situation is probably a scam. 

See these related posts:

“Possible Fraud Attempt!” Email is Actually Fraud Itself

Nigerian Scam Letter Turns to Funeral Homes

Intriguing Email. Should I Reply?

Email Scam Involving Caskets

Same Scam, New Tactic

Can I Sell You Some Copier Toner (Which you normally get free)?

I’ll Trade You $10 Million for Your Bank Account Number!

My second phone call from Lawyer/CPA Bob was really just an “Aha!” message saying he would accept the bet I offered in the post, An FCA Affiliate Speaks Up.

Except my exact quote was “I’d be willing to bet…” which, in simple English, means “I would be willing…with certain conditions.”

Here’s what I actually wrote:

I’d be willing to bet my salary and Mr. Slocum’s almost $50,000 salary  that Lawyer/CPA Bob doesn’t get out of bed at 2 AM for anything close to what the average funeral director makes.

In fact, the phrase “I’d be willing to bet” or “I’d bet” are common figures of speech or colloquialisms and are understood by most English speakers to be non-literal exaggerations.

Do we believe that a teenager who says “If I have to get braces I’ll die!” is actually afraid they will kill her?

Or that a man who proclaims a new device as “the best thing since sliced bread” is serious about the implications to society of the new gadget?

Should Lawyer/CPA Bob claim that I made an actual bet, I’d point out that the bet is difficult to distinguish.  Is he claiming that he does get out of bed at 2:00 AM for a sum close to what the average funeral director makes?

If so, we’ll have to figure out what the average funeral director makes.  Then we have to see how close Lawyer/CPA Bob’s salary is to the amount.

Of course, “close” is relative.  How will we determine if the amounts are “close?”  Is there an international designation for the specific amount the term implies?

And would Lawyer/CPA Bob have to prove that he actually gets up at 2:00 AM on a regular basis (at least as often as the typical funeral director does) or would proof of a few late nights a month be good enough for a court of law?

And who enforces bets?  Are we in Las Vegas, Reno or Atlantic City? 

I’d be interested in hearing some legal opinion on how a rhetorical comment in a editorial could be construed as an actual bet.

I’d almost bet… oops, can’t say that.  I’m fairly certain (in a non-threatening, editorial way) that I’ve got some protection under the First Amendment.  I also believe that I have not threatened or libeled Mr. Slocum, Ms. Bennett or Lawyer/CPA Bob in any way.

Mr. Slocum responded with well-reasoned emails and an invitation to call him if I wanted to talk more about his company.  Ms. Bennett offered her opinion and asked me “Since when is that wrong?”  I offered my opinion back to her in the post, An FCA Affiliate Speaks Up.

Now Lawyer/CPA Bob decides that mildly-harrassing phone calls, placed from a “restricted” number, are appropriate to the conversation.  He’s clearly calling for personal reasons, as he won’t reveal his last name or contact information.

He’s wrong.  Frankly, the only reason I can imagine that he would make such calls and vague quasi-threats is that it gives him some pleasure to intimidate others.

I am not intimidated, but  I understand his initial viewpoint:  he likes Mr. Slocum.

I’ll grant that many people may like Mr. Slocum.  Heck, after a conversation, I might like Mr. Slocum. 

But Lawyer/CPA Bob decided to sink to harrassment, while my main complaint remains the same:  FCA’s primary public interaction (with non-members – the vast majority of Americans) is fear-based.  FCA is best served when they get stories placed in news sources that scare the public into signing up for memberships or buying publications.

When 70% of your annual expenses pay employee-related costs (salaries, benefits, payroll taxes, etc.) the main purpose of your organization is to fund employees.

Are the employees still doing the work of the organization?  Gosh, I hope so.  Otherwise, they’d just be stealing from their members.

I’m sure that Mr. Slocum and others within local FCA’s believe they are doing important work.  Unfortunately, they equate choosing a funeral home based upon price as the most intelligent and savvy move.

They reinforce this by falsely accusing the majority of funeral directors of being greedy or crooks.

I disagree with that remark and I encourage all funeral directors to educate your community.

If you don’t, FCA will.  And Clearly, based upon FCA’s tax returns, it pays to do so.

You can say a lot in 114 pages, which might explain why some members of the Pennsylvania Cemetery, Cremation and Funeral Association filed that many pages of lawsuit against the State Board of Directors for what they claim is an “incestuous” relationship between the board and the PA Funeral Directors Association.

You can read the full story here.

Without reading the full complaint, I can’t really comment on the case, except to say that the practices discussed in the news story are similar to laws in other states.

Basically, some states restrict the ownership of funeral homes to, supposedly, protect the public.  And these practices might, but it’s always good to reconsider your state’s laws every few years.

Other rules, like not allowing any food in the funeral home, seem conterproductive to the mission of funeral service:  providing aid and comfort to families at the time of need.

At least one of the laws, which prohibits a director from transferring ownership to non-family members upon his/her death, seems designed to punish rather than protect.

Anyone want to share their own experiences with these types of laws?

A recent email conversation with a Final Embrace blog reader has revealed the age old wisdom that some of us have forgotten:  every business needs an attorney.

This funeral director, who I won’t name until he shares the outcome of the legal matter, asked me for an opinion on whether he should hand over funeral arrangement paperwork (contract, embalming authorization, etc.) to the attorney representing his client family in a wrongful death lawsuit.

Concerned that he might damage his relationship with the client family or be included in the lawsuit himself, he wanted to figure out what to do as quickly as possible, so as to lessen any impact it might have on his community standing.

Unfortunately, the issue was clouded by the law firm which requested, in addition to these documents, that the funeral home lower their bill (for services already provided) by almost 20%. 

The director was, at least in my mind, rightfully unsettled by this request, as he did not cause the death and had a signed contract for the services he provided at the price he quoted.  (I think that the attorney is trying to either free up money to fund his own work or wants to look like he accomplished something for the family to justify his fee.  If he/she operates a “no fee unless you recover money” type practice, this reduction of the funeral service bill might qualify as a “recovery.”)

But because I am not a legal scholar, I suggested that he get an attorney immediately. 

Let’s face it, if a client family turns over their affairs to a lawyer or one of those “consumer reporters,” it’s time for you to add a similar layer of support to your firm. 

Just remember, the best time to choose an attorney is NOT when you need one.  Take some time to audition lawyers now, before you need one.  And make sure you find one who can be there when you need him/her.  Because lawsuits, “Action News Reports” and angry families don’t happen when your schedule is most conveniently organized.

A new website, Speaking of Death, has formed to provide a clearinghouse for funeral, cemetery, cremation and disaster planning industry speakers.

Essentially, the site allows a person in need of an industry speaker to see a wide range of available experts and topics.  The site, which is still being fleshed out, will aggregate not only speaker biographies, but also engagement fees and current schedules. 

The guy who’s putting this together, Robert Borning, has sent me some preliminary info about the site, along with a note to keep an eye out for their main press push.

They’re also looking for a main sponsor of the site, who will provide the annual funding for the technology (about $250 a year) and receive credit on the site for the sponsorship.  Anyone interested?

When they get rolling, Robert and the folks at Speaking of Death will target industry groups, medical examiners, Red Cross groups and other folks interested in having a deathcare or disaster situation expert speak at their event.

So check out this new resource at www.speakingofdeath.com.

Every funeral professional should do an “end of year review”.  We all know that.  In fact, you probably spend a whole lotta time just after Christmas worrying that you can’t pay for all those gifts that just went on your Amex, right?

So forget the “week after Christmas review” and start reviewing now!

Sure, that end of year bump you’ve been expecting might come in December, but a frank look at your year-to-date in the last week in November will give you an idea of how much ground you’ve got to make up over the holidays or, if you’ve had a good year, how much “gravy” can pour during the festivities.

As I’ve warned before (in the post, Call Your Accountant Early!) your financial advisors are going to be very busy come January 1st.  So start now.

Are there new products or recurring items you order every January?  Why not place an order now, with a shipping date in the beginning of January?

No matter what you do, make sure you’re spending some time reviewing your practices, how they affected your ability to serve families this year and what improvements you can make to improve the bottom line.

What things do I consider when doing a yearly review of our cot cover business?  Good question!  Here goes:

TOTAL SALES:  I like this number because regardless of the total number of covers we sold, it measures our overall financial footprint.

NET PROFIT:  Even better than a total of sales, this one tells me how effective we were at making our product profitable. 

AVERAGE ORDER AMOUNT:  Compared to our retail prices, this lets me know how well we upsell.  I even break this down by product so I can see which specific patterns encourage more sales.

ADVERTISING PERCENTAGE:  I like to keep this low (as a percentage of total sales), even though we make a fine profit and benefit from some of our advertising.  Of course, I count lots of stuff in this one, like the costs to create this blog, our convention appearances, magazine ads, website costs, etc.

MATERIAL/OVERHEAD COSTS:  I divide this cost by the total sales to figure out what percentage of the product price goes toward the cost of materials and overhead (like our workshop, equipment, etc.).

LABOR COSTS:  This is what percentage of total sales I pay the employees.  Even though I’ve hired some contract employees in the last two years (we’re up to four!) the percentage has actually gone down as sales have risen.

These are all things that I track on a monthly basis, mostly because my small company can’t afford any major unplanned shifts in our sales.  And while we’ve moved to a much wider tightrope in recent months (snowballing sales figures have helped to put us on more stable footing) I know that an unexpected move in the market can still catch unaware.

What should you track?  Now’s the time to decide what information will help you plan your business’ future.  Get started now, before the holiday rush.

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This story comes from several sources, but the most in depth reporting is from MiceAge.com, a site devoted to showing “a different look at Disney…”

The full story (too long to quote here) describes the recent rash of park guests who scatter cremated remains on park rides.  It started with the Haunted Mansion ride, which prompted Disney to outfit custodians with high-powered, HEPA filtered vacuum cleaners to remove the illegally scatter remains.

The latest story, detailed in the MiceAge post, A Pirate’s (After) Life For Me, involves a woman flinging remains onto the sets of the recently revamped Pirates of the Carribbean ride in Anehiem.

Not pixie dust!

 Here’s a telling quote from the article: 

The residue is often found at the end of the night however, and most of the people who carry out a last request by spreading a loved one’s remains at The Happiest Place On Earth likely don’t know the less-than-reverential end they meet at the hands of the ultra-efficient Disneyland Custodial Department.

I’ve often had families ask me about the rules regarding scattering of cremated remains.  I’ve always told them that it is illegal to scatter remains on someone else’s property, regardless of your loved one’s desire to make “___________” their final resting place.

But I also explain that cremated remains are not toxic and, in the right setting (a national park, outdoor facility, etc.) would probably go unnoticed.

And while I never encouraged families to break the law by scattering remains in a public place (like the man who rushed onto the Philadelphia Eagles’ field and scattered his mother’s remains during a football game!) I offered that the remains would mix with dirt and be absorbed into a natural landscape.

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I could file this under “Daily Nags” but I’ve pretty much let that category go since I can’t seem to remember to nag you every single day!  Consider the nag-free ride you’ve been getting a gift from your friend, Tim.

Still, this one’s perfect for November, because the end of year is coming fast!

Most funeral homes operate on a January to December fiscal year.  If that’s you, the end of your accounting cycle is almost here and there are lots of little things you need to accomplish.

If you’ve got an outside accountant, she’s probably got a WHOLE LOT of other clients who will also need to finish up end-of-year work, so don’t wait until the last minute to go over your situation.

 Contacting your accountant before Thanksgiving will have two important benefits:

1.  He’ll be able to advise you of any last-minute purchases you should make or any tax-saving actions you can take before December 31st.

2.  He’ll see you as an attentive client, who will be easy to deal with and, therefore, he’ll won’t regret picking up your file.  It’s always important to make sure your accountant actually wants to work on your files.  Not only to ensure accuracy, but to make sure you get the most beneficial help.  (Just remember, everyone wants to enjoy their job.  Make sure you’re the “fun” client or at least the proficient one.)

I just met with my accountant last week and found out that several of the big equipment purchases I was planning for next March might make more sense this year.  In fact, she even suggested I take out a loan (if necessary) to finance some expansion, since the debt would help offset the record gains our cot cover business has realized this year.  (You do know that we make quilted cot covers that are wowing the funeral industry, don’t you?)

But the simplest reason is also the most practical:  calling your accountant early will ensure that you can get an appointment during a very busy time of year!

The FCC explains an IP relay call as:

IP Relay allows people who have difficulty hearing or speaking to communicate through the telephone system with hearing persons. IP Relay is accessed using a computer and the Internet, rather than a TTY and a telephone. So individuals who use IP Relay do not need to invest in a TTY; they simply use the computer to communicate by text. When conversing over IP Relay, people who are deaf, hard of hearing, or have difficulty speaking can participate in a conference call or go online while holding a conversation.

The article goes on to explain that the IP relay call goes from the caller to a TRS (Telecommunications Relay Service) which is staffed by communication assistants.  These CA’s place a landline call to the phone number requested and act as the voice of the person typing into the computer.

Many people who are deaf, have difficulty hearing or who are unable to speak on the phone currently use TRS to communicate.  In fact, the TRS is funded by public money and overseen by the FCC.

 But the TRS has started being used by scammers in an attempt to swindle money from funeral homes.  The scam goes like this:

1.  Scammer is sitting at a computer and has several IP relay calls launched on screen.  Because he/she can type fast, none of the communication assistants in stateside TRS centers notices any real lag in conversation.  (The FCC site actually lists the ability to surf the internet or handle multiple conversations as a benefit to the IP relay service)

2.  The CA handling the request makes a call to your funeral home, explaining that a deaf or disabled person is seeking assistance from your firm.  In recent scams, the person is trying to repatriate remains from an African country.

3.  While the CA is talking to you, the scammer is copying the same information to other IP relay calls, hoping to trick one or more funeral homes into sending advance checks for consulate fees or other charges.

We’ve already heard from a number of funeral homes about this type of call and they all sound the same.  One director, Joe S., shares this story:

I am a funeral director in Oregon, and last night I received a ip relay call from someone claiming to be a Jehovah’s Witness missionary in Legos, Nigeria.

He said his name was “Michael Moore”, and his wife’s name is Arlene Moore.

He said that his wife had died September 4, and that the casket and death certificates where all taken care of.

He said that he was from the same town as my funeral home and that he wanted me to find a cemetery for his wife. This made me very suspicious, since I am in a small town, and anyone from here would be very familiar with the only cemetery nearby.

When I asked for contact info for the funeral home in Nigeria, he said, “Yes, yes I will give you the postals for them so you can make arrangements.” This person suppled an e-mail address for both him and the funeral home, and both where @yahoo.com He was reluctant to give me a phone number for the funeral home, but after I insisted he provided one.

He wanted me to arrange with the funeral home in Nigeria to have his wife’s “Corpse” as he put it, transported to the nearest airport, and he asked me where the closest airport would be. Again, anyone from around this area would know that the closest international airport is in Portland. He wanted to pay for all this over the phone with a credit card. (Presumably another ip relay)

You know, what would happen if you actually where a missionary in Nigeria and your wife died, AND you were deaf/mute?

IP relay is not a commonly used service.  Those who truly need it are, thankfully, few.  What are the odds that the only IP relay call you’ll ever get is from someone in Nigeria who wants repatriation, the same scam being perpetrated in email?

Even worse, U.S. tax dollars pay for the very real system of human work that goes into making the TRS and IP relay calls functional.  These scammers have found a way to scam us out of money and even get us to pay for the call.

Don’t take the call.  Or, at the very least, ask enough questions to verify that the call is real.  And don’t pay for anything up front or offer your bank account number.

I know how generous and accommodating funeral directors are, and now, apparently, African scam artists do as well.

I just received this email:

Hello Dear,
 
My name is Randal Lane, Could you please quote me as per what it would cost to repatriate my late loved brother from Africa back to Country?
 
His remains is currently in Hometown Mortuary, located at western part of Africa Nigeria (Lagos Island) His name is John Thuan, the mortuary’s phone # is (234-8088855440) and the mortuary’s email address is (hometown.mortuary@hotmail.com)
 
Could you please make the arrangement as fast as possible.
 
Best regard,
Randal Lane Thuan

This is almost an exact replication of the “I want to buy your product” scam letter that’s been hitting various businesses.  Of course, this one makes a much bigger impact, because there seems to be no request for money or bank account information.

But be warned, email and fax scammers like this have evolved tactics.  The old “we’ve got $10,000,000 US” fax and email stopped working because people were informed about it.  This is more deceitful and more likely to cause you issues.

Consider, if you call this person (a very expensive, long distance call) or converse by email, what assurances do you have that you’re speaking with a funeral director or that there is even a body to be shipped?

Most likely, the “funeral director” will require you to pay certain fees for the family of the deceased or pay “embassy fees” at the airport when you pick up the “body.”  Will it be a real casket, or just a casket shaped box with some rocks in it?

Odds are, the charade will not go on that long, since the scammers want to make the most money possible in the shortest time.

By now, one of you readers has asked yourself, “But what if it’s legitimate?”

That’s a valid point.  So let’s consider the facts:

- The letter writer has an email address of randal.lane@hotmail.com.  Hotmail is a free email account service, which scammers use to mask their true identity.

- I received the email twice, coming two minutes apart.  This suggests that someone was sending out multiple requests and either forgot that I’d already been contacted or that my email address was duplicated in the scammers database.

- The email starts “Hello Dear”, the same way most of the other scam emails from Nigeria begin.  I doubt that Randal thinks I’m his “dear.”

- The mortuary email address (hometown.mortuary@hotmail.com) is formatted just like the address for the sender.  Plus, it’s a Hotmail account, same as the sender.

- The writer did not make contact by phone. 

- The writer doesn’t say where he is or where in the U.S. the body should go. 

Don’t be fooled by the fact that a funeral-related request was sent to your email address.  If you’ve ever published your address on a website that deals with funeral service, or if you have a website for your funeral home that lists an email address, you have already given scammers your address.

Sophisticated computer programs can scour the Internet, looking for industry sites and any email addresses that may be posted and then sends the email immediately.

How do I know that this has happened here?  I don’t run a funeral home any longer and the email came to my address that I only use for the Final Embrace blog. 

Tim Llewellyn of FSE Caskets shares this about a Group Purchasing Organization: 

fse_caskets002003.gifI would like to add my two cents to this interesting subject. First of all I have had experience with GPOs with a previous medical business that I had owned. My business served as a primary vendor to over 8,000 nursing homes nationwide buy way of a vendor for a GPO. Our company changed the dynamics of how business was conducted with GPO members a contributed to the value of the organization.

The pros and cons of a GPO can be equally balanced in many cases but keeping the balance heavy to the beneficial side is strategic battle that takes careful planning and innovation. The value for independent funeral homes to gain the purchasing power to improve profitability and longevity rests in the ability to understand and participate in an active and beneficial Group Purchasing program.

Here are a few things that I can share:

• Providing discounted products to members can and is being accomplished at no extra cost to the members in many cases.
• Manufacturers and vendors (bound by signed agreements) participate in the GPO because they have something to gain that is offered by the GPO.
• Directors purchase directly from the manufacturers and vendors under the new GPO program structures. (The GPO has no need to be a re-seller of products and services, just a coordinator and implementer of benefits).
• The sales are tracked in a simple way that account for GPO fees.
• The GPO offers much more than better pricing on products and services, it enables both the director and the manufacturer/vendor to obtain advantages beyond product procurement.

I am sure as you continue in the research of GPO implementation you find that many of the large manufacturers do not want to see a GPO in place. This means that the manufacturers will have to compete with or join the GPO, and if they do join they would have to discount products and pay a set percentage of the sales back to the GPO.

Example: Batesville would have to take a 12% drop in profit for all the members participating in the GPO, many of which may be present customers of theirs.

Even though this is a difficult challenge to implement a convincing GPO program, it is totally possible with the right business structure and marketing plan. Creating benefits that are equally enticing and compelling for both the manufacturer/vendor and members takes more than great pricing and catalogs.

As I step down off my soap box I would like to add that a GPO is over due for the funeral industry and the benefits can be a strong advantage for independent businesses that require better pricing and support. I would be interested in assisting in the development of a GPO to ensure the health of the industry and the insurance of sustainability for continued growth.

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Michael Manley, publisher extraordinaire and frequent Final Embrace contributor responds to the recent question Can You Negotiate SCI-Level Casket Discounts? by describing a buying collective he’s already begun brainstorming:

This was an interesting post. I found it especially interesting because it won’t be long until I will make this very concept a reality, by forming a BUYING GROUP. Having been a “sales director” in a previous career with a large manufacturer in a 150 billion dollar/yr industry, I do believe this concept will work. The industry I previous worked was comprised of about 20% corporate owned business, and 80% independent.

In that industry, the independents had very little purchasing power, but in 2001 a “cooperative” formed, a Buying Group created, and it created an “equal playing field.” Maybe not 100% equal, but it was a big step in the right direction to give the little guy something they lacked- a collective voice and strength in numbers.

You mentioned that it may not be beneficial to the manufacturer, because they have no assurance that a member of the group won’t defect and go to another supplier. Two things on that point; first, the appeal or allure for a manufacturer is not to ensure that every member uses their product, it is to ensure that they have the ability to mass market to a large group of buyers (funeral directors) at one time. Also, a true buying group actually facilitates the transaction on behalf of the manufacturer, thus providing them a savings by streamlining the entire transactions. Most buying groups solicit, market, advertise, take orders, and invoice for the vendor. This streamlining of the sales process is the allure to the manufacturer, not the assurance that like SCI that once a deal is signed, it guarantees a certain amount of business. Not all buying groups operate exactly like this, but the opportunity and the advantages are numerous.

Now, you are right, it can be a daunting task to think of beginning a buying group. After all, how do you solicit both Manufacturer’s as members, and funeral director’s alike? How do you promote the group, and ensure that everyone has an equal opportunity to participate? In fact, you mentioned (IOGR). I have actually discussed this same concept with George Darte. The disadvantage they have, like any organization, is the marketing of the group to the entire industry, both supplier and funeral homes. They have members, but they ONLY have access to their members, unless they wanted to go outside of their members and promote the group.

Well guess what? I am actually deep into the process of beginning just such an opportunity. It won’t be long until you see, for lack of a better term, the FBA Buying Group. This whole idea was born out of something I realized a long time that FBA has given me; a distribution network of 17,500 funeral homes, crematories, and vendors. Unlike IOGR or NFDA, I don’t have an allegiance to just my members. Every independent funeral home and crematory gets my publication, so I can mass market the concept better than them.

I refer to this concept as the”Starbuck’s” principle. They didn’t invent this next concept, but they have done it as well as anyone. What is this principle? Not too long ago, Starbucks realized that they have 22 million individuals walking through their doors to purchase coffee or beverages each and every day. Twenty-Two Million consumers that they could sell anything to. It didn’t take them long with that market to realize that selling coffee may not provide them with the only opportunity to exploit this group. They soon began to moonlight as a CD retailer. They began selling pictures, cups, mugs, etc. CEO Howard Schultz has now gone and is doing what McDonalds and Burger King has done successfully for years. You soon will begin to see movies promoted on sleeves of Starbucks cups and on the Wi-Fi network.

Another example; I worked 10 years with UPS, my last 5 as a National Account Manager. So I have a fairly detailed working knowledge of UPS, and most probably don’t know that UPS business plan says that by 2012, over 50% of their revenue will come from their Logistics business (they set up distribtion channels for companies, handling everything from receipt of orders, order entry, warehousing, packaging, shipping, tracking, and reconciling statements for companies). They allow companies to outsource rather than do it themselves.

Point is, Funeral Business Advisor affords me very much the same opportunity. We have a captive audience of virtually every independent funeral home and crematory in the United States. We have relationships with over 100 vendors through the magazine. So with the distribution network in place, the next step is to organize my “cooperative.” It will be as simple as providing 2 very inexpensive products. One for the vendor, and one for the funeral director. Then for a very nominal fee ($99 per month for Vendor, and $19 per month for funeral director), we will do what we do best. Bring BUYERS and SELLERS together. The vendor package will include FBA advertising the Buying Group in each issue, forming the website with individual vendor pages that we will build and maintain for the vendor, being included in a twice annual “buying group” catalog, market them to over 17,500 readers, and numerous other benefits I can’t mention yet, all for less that $1200 per year. That is the cost of a 1/2 page color ad (1X) in most industry publications. The funeral home will receive a simple, but yet, important benefit. A minimum discount that each vendor will agree to offer the group. The will get a free annual subscription to Funeral Business Advisor, a free “buying group” catalog twice a year, private access to the website, full access to participating vendors, and a simple one-stop shopping mechanism for all of their purchasing needs. All for less that $120 per year, or amount they would save if they bought just one casket from our vendors.

Now, I agree this may not be on par to what SCI can bring to the table when they negotiate with Batesville, but interesting enough, I have a very good relationship with Joe Weigel, communications director with Batesville. And I have discussed this concept, and although he didn’t do back flips, he did say it was interesting concept and feels if done properly, would have a strong appeal.

Anyway, I am not an expert on buying groups, and i would be interested in your thoughts. Even though there may be challenges, I can’t help but believe our distribution network is our biggest asset. I value your advice, and we have always managed to have good conversation and exchanging of ideas. Waiting for feedback…

Free speech is a double edged sword. protest, aborition, jesus

Why our nation is great, Reason #254:  Free Speech

I had a fascinating phone call last week.  A man called asking if we made quilted mortuary cot covers that resembled the U.S. flag.

At first I was taken back.  “Of course we don’t,” was all I could manage, my shock at the question keeping me from saying exactly why. 

Now, I knew about the basic provision that a flag should not be used to make a piece of clothing or drapery, but I couldn’t tell him exactly where I’d heard that or how that fit into the heartfelt reason that I refuse to turn a flag, or red/blue/white fabrics that can be cut and shaped into a flag, into a quilted cot cover.

He didn’t want to hear about the beautiful “Old Glory” cover that we make, so I told him that our competitor, Quilted First-Call Covers, makes one that ‘looks’ like a flag, even thought it doesn’t have a full complement of stars and less than the regular 13 stripes.  Here’s a picture of it:

 

But I was still bothered by the question, so I did some research.

The U.S. Flag Code, adopted as law on December 22, 1942, lays out the manner in which a flag should be displayed, honored and destroyed.

Features that I find most telling or the following provisions:

  • (d) The flag should never be used as wearing apparel, bedding, or drapery. It should never be festooned, drawn back, nor up, in folds, but always allowed to fall free. Bunting of blue, white, and red, always arranged with the blue above, the white in the middle, and the red below, should be used for covering a speaker’s desk, draping the front of the platform, and for decoration in general.
  • (e) The flag should never be fastened, displayed, used, or stored in such a manner as to permit it to be easily torn, soiled, or damaged in any way.
  • (g) The flag should never have placed upon it, nor on any part of it, nor attached to it any mark, insignia, letter, word, figure, design, picture, or drawing of any nature.
  • (h) The flag should never be used as a receptacle for receiving, holding, carrying, or delivering anything.
  • (j) No part of the flag should ever be used as a costume or athletic uniform. However, a flag patch may be affixed to the uniform of military personnel, firemen, policemen, and members of patriotic organizations. The flag represents a living country and is itself considered a living thing. Therefore, the lapel flag pin being a replica, should be worn on the left lapel near the heart.
  • And while the Flag Code does not provide for penalty (further proof of our respect for free speech) it does give everyone who uses, sees or flies a U.S. flag guidelines to properly honor not only the flag, but what it stands for.

    In the Civil War, the flag bearer held an important position.  Not only was his job to keep the banner flying for pride and honor, but the other troops used the flag as a signal and a bearing point when giving and carrying out orders.  In fact, opposing sides often dedicated sharpshooters to kill the flagbearer.

    “Dying for the flag” isn’t just a metaphorical phrase; it really happened.

    Furthermore, the very people my caller wants to honor with either a real flag or a close approximation, are the ones who will know the proper way to treat the U.S. Flag. 

    And I doubt they’d cut it up and make a cot cover out of it.  Especially if it’s to be used on their own removal.

    And while no one will stop my competitor from making a cover that looks a whole lot like a U.S. flag, our company will NEVER make a cover like that.

    I just got this intriguing email, titled Quilted Cot Covers with washable Vinyl Lining from Jennifer:

    Hello

    My name is jennifer i reside in uk london i saw your item you placed for sale may i know more abou it the condition and you last offer for it my client in usa will send you payment olso i have my shppre that will take care of shipping of the item to my location thanks

    jennifer

    I’m so excited!  “jennifer i reside in uk london” wants to “know more abou” the item I have for sale and, as she says, “you last offer for it” so her “client in usa will send you payment.”

     

    Should I respond?  Or just laugh at the pathetic way this person tries to get me to fall for a scam?

    We’ve talked about these kind of scams before:

     Email Scam Involving Caskets

    Same Scam, New Tactic

    I’ll Trade You $10 Million for Your Bank Account Number!

    Can I Sell You Some Copier Toner (Which you normally get free)?

    Just to recap:  never offer to ship an item out of the country without first processing payment.  And don’t (ever, ever, ever!) agree to take a larger check and return a portion via your own check or money order.

    There are two distinct types of crippling challenges in business.  The first is devastating:  something is wrong and you can’t find the right answer.  And while business still goes on, the problem threatens to unravel some well-made plans.

    The second is more immediate and even more dangerous:  the business killer!

    Our fledgeling quilted cot cover business was humming right along when the business killer swooped down on us. 

    Seems the vinyl lining we were using in our beautiful covers was causing some of our clients problems.  Further investigation showed that each new shipment of vinyl was more brittle than the last.  Worse still, several old clients who had bought from us years before were reporting that their vinyl linings were splitting from wear, cracking in the cold or falling out in the wash.

    And while we only warrantied our covers for 180 days after order, I still knew that we’d be getting more calls regarding the lining.

    Could we have ignored the problems and continued making the inferior covers?  Of course.  But that would mean creating hundreds of dissatisfied customers every year.  We couldn’t afford to alienate our past customers and we couldn’t afford to replace all the old covers we’d sold, especially if we just replaced them with covers that would fail again.

    I spent a few terror-filled nights (the kind where you get into bed, stare at the ceiling for eight hours, then get out of bed) and finally hit upon the solution:  we’d find a stronger lining for our covers, we’d replace any warrantied covers with new ones and we’d offer a discount to anyone who owned one of our original covers.

    Finding a new lining turned out to be more simple than expected.  The new material, a treated nylon that is washer and drier safe and won’t melt like vinyl, is more expensive.  And while we’ve tripled our materials cost for lining, we’ve also added years of durability to our lining and made our covers many times more attractive than the alternatives.

    We replaced quite a few covers during those first months.  But we also doubled sales, as folks who had hesitated to buy a vinyl-lined cover because they were worried about durability decided to take a chance on our great product.

    Still others were so pleased that we fixed their problem and offered a better solution, they ordered more covers to augment what they already had.

     And because our covers are so strong now, we’ve upped our warranty to a full year and we offer a 90-day money-back return on all orders.

    What started as a threat to our small company turned into the second best change (right after selling to retail customers) we ever made.

    I know, some of the replacements we sent will last quite a few years longer than the originals, meaning we’ll sell less covers to those firms.  But we’ve only sold to a fraction of the 22,000 funeral homes in the United States.  It didn’t make sense to ruin our fledgeling good name by not standing behind our product.

    And since our goal is to make quilted cot covers the industry standard (we’re trying to replace those ugly fake fur covers and the corduroy ones that have no character or class) we’ve got to be a reputable and remarkable company.

    So far, we’ve been both.  But we could have very well ended up like this: 

    What does the consumer take away from the way the news media portrays funeral homes?

    This is a typical news report about the funeral industry.  Notice how the reaction of the funeral home is poorly taped audio from a phone conversation and is ended abruptly. 

    This funeral home could have ignored requests for comment but then the story would have run with the dreaded “The funeral home could notbe reached for comment” or “repeated calls to the funeral home were ignored.”

     

    Even worse are the “Action Reporters” who ambush you or your staff with a barrage of questions.  Rather than pushing the camera out of your way or slamming the door in their face, your best bet is to smile, ask them to come inside and have a seat while you find a nice place where you can chat.  Your goal is to deflect their questions without being rude or saying anything that could be construed as uncooperative.

    The reporter is looking for a reaction from you.  And while he’d like to get into a full argument with you, even a two-second clip of you being rude or pushing him out the front door will set the mood of his report and help convince his viewers that you are a bad person who has done someone wrong.

    And the only way to combat this is to be pleasant and open.  While you can decline to comment on a specific situation, you can highlight the positive aspects of your firm while showing respect to the reporter and the audience who will see a heavily-edited version of what the cameraman records.

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