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Washington Report
March-April 2003
Update on the Dodd Bill
by Robert M. Fells, Esq., general counsel
The ICFA has continued to pursue discussions with the staff of Sen. Christopher Dodd (D-CT) who introduced a bill in the closing days of the 107th Congress to regulate the death care industry. Although the bill, S. 3168, and its House companion, H.R. 5743, expired when Congress adjourned in November, the ICFA understands that Dodd is planning to reintroduce the bill in the near future.
Regardless of its provisions, the ICFA has stated that the introduction of any federal legislation is premature until the General Accounting Office, the investigative arm of Congress, has published its report and recommendations. (See the November Washington Report for more information.)
Among other things, the Dodd bill creates a private right of action for individuals to sue funeral homes, cemeteries, crematories, monument retailers and others; prohibits any form of telemarketing and door-to-door selling; and provides unlimited cancellation rights with full refunds, plus interest, on prepaid contracts. The bill also seeks to codify the FTC Funeral Rule, thereby politicizing it and taking control of it away from the commission.
Copyright ICFA 2003
Bill Encourages Preneed Planning
Amended Telemarketing Sales Rule |
