Information and Alerts

Government Actions

United States of America v Funeral & Cremation Group of North America, LLC, Legacy Cremation Services, LLC, d/b/a Heritage Cremation Provider, and their owner, Anthony Joseph Damiano

The following describes a government action that has been resolved by either a settlement or a decision by a court or administrative agency. If the matter is being appealed, it will be noted below.

On April 6, 2023, in the United States District Court, Southern District of Florida, the United States of America and Funeral & Cremation Group of North America LLC, et al., entered into a Stipulated Order for Permanent Injunction and Monetary Judgements. Anthony Joseph Damiano and his funeral service companies—Funeral & Cremation Group of North America, LLC, and Legacy Cremation Services, LLC (doing business as Heritage Cremation Provider, Evergreen Funeral Home and Crematory, and Carolina Central Crematory)—will pay civil penalties and abide by strict requirements on how they communicate with customers to resolve a lawsuit filed on behalf of the Federal Trade Commission by the U.S. Department of Justice.

The DOJ and FTC filed their complaint against Damiano and his companies in April 2022, alleging that they misrepresented their location, leading consumers to believe they were a local provider, advertised deceptively low prices, illegally threatened and failed to return cremated remains to bereaved consumers, and failed to provide disclosures required by the Funeral Rule.

The complaint alleged that the defendants claimed to be local funeral or cremation providers when speaking with customers, failing to disclose that the services would be contracted to a third party, sometimes hours away from loved ones. The complaint also alleged that when consumers were presented with undisclosed fees and higher prices, the defendants in some cases withheld the remains of their loved ones to extract payment.

The proposed court order, which was agreed to by the defendants in the case, would require the defendants to:

• Share important info on their website: The order requires the defendants to disclose key facts on their website, including their actual physical location and a general price list, as well as a notice when funeral goods or services will be provided by a third-party company not owned by the defendants.
• Disclose their price list upfront: The defendants are required to provide consumers with a general price list either during or immediately after their first interaction with a consumer about funeral goods or services, whether online or by telephone, and before any discussion of price occurs.
• Provide info on third parties: The order requires the defendants to give consumers the name, address, and contact information for any third-party provider that will provide funeral goods or services.
• Pay a civil penalty: The order requires the defendants to pay $275,000 in civil penalties.

The Department of Justice filed the order and civil penalty judgment on behalf of the Commission in the U.S. District Court for the District of Florida. NOTE: Consent judgments have the force of law when approved and signed by the District Court judge.

For more information, please contact the Federal Trade Commission at https://www.ftc.gov/ or 202-326-3620.