The American Way of Death Revisited (31 page)

BOOK: The American Way of Death Revisited
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It is numbers like these that account for the complacency of Loewen’s recent report to the SEC pointing to “lack of price sensitivity” on the part of the consumer as one of the “attractive industry fundamentals” of the funeral business.

The stockholder owners of the corporate consolidators have reason to be pleased by the reports of soaring profits. But what of their consumer victims?

The painful and humiliating experience of Mrs. Ann R. Merchant, as reported in her letter to the Funeral and Memorial Societies of America (FAMSA), may be seen as representative:

My husband died very unexpectedly 6 weeks ago in Cleveland, TX. at 43 yrs. of age. There are only 2 funeral homes here, both owned by the same huge corporation. We have 2 small children that heard him fall when he had his heart attack, therefore you can see what kind of state I was in when I went to the funeral home the next morning to make arrangements. I thought the arrangements would take approx. 30 min., instead of the 3-1/2 hrs. it took, by which time I was begging them to let me go home. But no, I had to go out to physically pick a cemetery plot because of state law (so they said, I would really be interested in knowing if Texas has such a law).

I only have one receipt the funeral home gave me. The first charge on it is for professional services of $1990. Embalming was $525, dressing & cosmetology $225, visitation $255, funeral ceremony $425 (this was held at the church we attend, but the funeral home said the price was the same whether it was held there or elsewhere, that doesn’t sound right, does it?), transfer remains to funeral home $125 (they told me that the county paid for transportation and autopsy fees, doesn’t that sound like a double charge?), hearse driver $275, Flower van
& driver $95, casket-18 g. Ocean Blue steel crepe lining $2095 (it was one of the least expensive in the casket room they just threw the doors open and told me to browse and find what I wanted, luckily my brother was there to catch me before I hit the floor from the shock of being thrust in the midst of a room full of caskets), concrete box $425, memorial register $25 (the little book visitors sign in), memorial cards $25 per 100 (I could have done a much better job on my computer if I had been able to at the time), death certificates $18, for a grand total of $6503. But that is not all, I signed an insurance assignment to them for $9097, so apparently there is $2594 worth of cemetery expenses. I know the plot was $895 and I bought two apparently. I don’t know what the rest is for since I received no copy of a receipt or price list on this portion of the bill.

I bought these plots next to a friend of mine that bought hers less than 2 yrs. ago for $395 ea. All the cemeteries and funeral homes in a large surrounding area have been bought out by some huge corporation (I need to find out the name of it) that has apparently more than doubled all prices. The cemetery said the only way to get a plot cheaper is to buy pre-need and save $200. They didn’t seem to understand that I am not dead yet, therefore mine is pre-need and I want it for $695. I asked them to just take the $895 for my plot off the bill because I did not want it, but in a couple of weeks I may buy one pre-need for $695. They said I couldn’t do that because they knew who I was now.

The cemetery sales mgr. and a sales rep. came out 2½ weeks after the funeral for a “condolence” call, but which was actually to sell a headstone. They called me the next week with a price for what I wanted of $2700. They called back the next week to tell me they had gotten a new price list in and all the prices had gone up. That was basically the final straw, I proceeded to tell them exactly what I thought of their rip-off ways when people couldn’t think about what they were doing, or signing. The lady hung up on me and I haven’t heard from the people again.

I just received their check from the life ins. 2 days ago, made out to me and Pace-Stancil Funeral Home. I haven’t
taken it by there yet, because I want to know what my legal rights are and if I am entitled to some kind of refund. These folks are legally robbing people while they are speaking so softly to you like they actually care, which is a crock.

I am going to ask for a refund of $2200, the $2000 rip-off professional fee and the $200 off of my plot. I think that is more than fair, they made plenty of money from all the other overcharges, don’t you agree?

Please e-mail me back with answers or opinions, as I really need to take this check in to them next week before they dig up my husband and cremate him (that’s what the cemetery rules say will happen for non-payment).

Ann R. Merchant

Tucked into SCI’s annual financial report is a conveniently detachable card addressed “To our valued SCI shareholders, directed toward the more personal side of funeral service.” The message:

As an owner of shares in SCI, you are probably aware that the company’s name does not appear on any of our family homes or cemeteries. If you, your family, or your friends are ever in the need of the services we provide, or would like to investigate the advantages of preplanning, the 800 number below has been enclosed to help you find the SCI firm most convenient to you.

As we work to help your company grow and prosper, we are also here to help you when you have suffered a personal loss.

The socko ending, as a journalist friend of mine would call it: “Please accept our sincere apologies if this message reaches you at a time of loss.” On the other hand, what could be a more propitious time for the message to arrive, enabling the shareholder to kill two birds with one stone, as it were: making an expeditious decision about how and where to dispose of the departed, and at the same time enhancing the value of his stock?

I rang the number, 1-800-9CARING, and obtained the names of SCI mortuaries in a number of cities across the country. Eventually I
got the price lists from a dozen or so. These are several pages long, covering a dizzying variety of “services” and merchandise: caskets, vaults, burial clothing. The accompanying explanatory text is virtually identical for all SCI establishments, and it is to this that one must look for clarification, if any. And here is where the full import of the Federal Trade Commission’s 1994 revision of the Funeral Rule becomes apparent.

First comes the FTC-required statement,
“The goods and services shown below are those we can provide to our customers. You may choose only the items you desire. However, any funeral arrangements you select will include a charge for our basic services and overhead.”

The crunch is in that “however.” It means that whether or not you “choose” or “desire” any of the listed “basic services,” you will have to pay for all of them willy-nilly. And here they are, set forth in bold type: “
MINIMUM SERVICES OF THE FUNERAL DIRECTOR AND STAFF
. This fee for our basic services and overhead will be added to the total cost of the funeral arrangements you select.”

“Personnel available 24 hours a day, 365 days a year to respond to initial call.”
That is, somebody will answer the phone, most likely an office worker trained for the purpose and stationed at the central clustering point.

“Arrangement Conference.”
Mortuary-speak for clinching the sale.

“Coordinating service plans with cemetery, crematory
,
and/or other parties involved in the final disposition of the deceased.”
This would be akin to what your travel agent does when she arranges your schedule involving plane, rental car, hotel, etc.

“Securing and recording the death certificate and disposition permit.”
The doctor or coroner supplies the death certificate. The non-medical death-certificate information must be supplied by the family. Permit-for-disposition forms are simple and routine, and are often signed by the morticians themselves, then dropped in the mail.

“Clerical assistance in the completion of various forms associated with a funeral.”
These forms are needed to apply for monies due from insurance policies, Social Security, Veterans Administration, trade union death benefits, and the like. The principal information needed? Name, address, Social Security number, date and place of death.

“Also covers overhead, such as facility maintenance, equipment and inventory costs, insurance and administrative expenses, and general governmental compliance.”
Curiouser and curiouser. Here the buyer is assessed for everything from upkeep of the parking lot to dusting the office furniture, and, on top of that, under “government compliance” must pay for the funeral parlor to refrain from breaking the law.

Most of these “services” could be performed by the deceased’s family and would, in any event, take up a minimal amount of funeral home staff time. This is a prime example of the Federal Trade Commission’s craven capitulation to industry lobbyists.

What the FTC now calls a “minimum service charge” or “non-declinable” fee is known in the trade less elegantly as the “cover charge.” Although the chain-owned mortuaries are not the only ones guilty of abusing this fee, they are the most conspicuous:

Phoenix, Ariz.
A. L. Moore & Sons, Inc. (SCI)
$1,295
Phoenix, Ariz.
Shadow Mountain Mortuary (SCI)
$1,295
Sacramento, Calif.
Harry A. Nauman & Son (SCI)
$1,145
San Diego, Calif.
Clairemont Mortuary (SCI)
$1,145
Washington, D.C.
Joseph Gawler’s Sons, Inc. (SCI)
$1,870
Springfield, Mass.
Byron’s (Loewen)
$2,465
New York, N.Y.
Frank E. Campbell (SCI)
$1,395

Forest Park Westheimer Funeral Home in Houston, Texas, where SCI’s world headquarters are located, charges $1,682 for “Minimum Services” (or basic service fee), about average for the twenty SCI-owned homes in that city. Forest Park’s cheapest “traditional” funeral is $7,020. It includes a metal casket in a choice of three colors (the wholesale cost of which is under $400). Forest Park also boasts a cemetery, a mausoleum with additional crypts now under construction, and an innovation—“lawn crypts,” crypts beneath the sod. Thanks to the dogged determination of a live and feisty Marcia Carter, longtime resident of Houston who spent days unraveling Forest Lawn Westheimer prices, a fully developed picture emerges.

Marcia happens to be the owner of two FPW crypts, bought by her parents in 1960 for $1,705. When her parents died they were cremated
elsewhere, and over the years Marcia had made sporadic efforts to unload the crypts. FPW declined to buy them back; “I was told they had very little value because they were in the ‘old, outdoor’ section of the mausoleum.” She told me, “The desirable crypts are now in the new air-conditioned section.” Marcia next proposed to donate the crypts to a local church or nursing home for the use of a destitute family. “The cemetery told me that transfers of the crypts to ‘unknown persons’ is prohibited. I asked if that didn’t infringe on my rights as the legal owner. But they said that the cemetery reserved the right to have the final say as to who would be buried there. At this point I lost interest in the problem, bouncing between the comical absurdity of the whole thing and righteous indignation.”

In the spring of 1995, I had arranged an interview with Robert Waltrip, SCI founder and CEO, in Houston about these matters. I had many extremely friendly phone conversations with Bill Barrett, whose full title is “director of corporate communications of SCI Management Corporation,” in Houston. Just when a date for our meeting had been set, I got a fax from Mr. Barrett: “I regret to report that Mr. Waltrip’s travel and business commitments over the next couple of months are going to make it impossible to schedule time to visit you.”

This was sad news indeed. I had been most keenly looking forward to a long, informative chat with Mr. Waltrip. But the reason for canceling the interview could be glimpsed in an article written by Mr. Barrett for “Inside SCI: A Publication for SCI Employees and Affiliates” slipped to me by a disaffected former SCI employee. Mr. Barrett warns his readers: “An interview with the media is serious business. The image and reputation of your business is at stake. If the preparation leads you to conclude it is not in your best interest to do the interview, don’t.”

An address given by Mr. Barrett at the Conference of the American Cemetery Association in April 1995 on “how to identify and respond to a crisis situation” elaborates. Some excerpts:

1.
Define the problem
. Is it life threatening or simply a corporate embarrassment?…

2.
Control the information being released
. Assign a single spokesperson when possible.… If you have to have more than
one, it is important that everyone sing from the same song-book.…

3.
Select a crisis team
. Your lawyer should either be a part of that team, or at least have the opportunity to review the strategy.…

4.
Know where you are going
. Before agreeing to do an interview, you have the right to know the name of the reporter you will be talking with and whether or not the reporter has already drawn a conclusion from the information he or she has.…

5.
Be prepared
. No amount of work you do in preparation for a media interview is wasted. And sometimes this work leads you to the conclusion that it is not in your best interest to do the interview. If that is the case, don’t! I was asked once to have someone appear on the Phil Donahue show to defend the industry against allegations by some members of the clergy and grieving families. No Way!

How could I hope to succeed where Donahue failed? I decided to try another tack and metamorphose into Marcia Carter’s beloved old Aunt Jessie from England.

Aunt Jessie seemed like the perfect solution. Alone in the world, her British contemporaries long dead, she would welcome the idea of Houston as a final resting place, close to her niece’s family. Marcia phoned for an appointment, and together we repaired to Forest Park Westheimer on May 26, 1995. (Dates are important in this line of work; Forest Park’s general price list notes that “these prices are effective as of March 10, 1995, but are subject to change without notice.”)

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