What happens if a consumer or family complains? The dissatisfied consumer can file a complaint with the state’s funeral director licensing board. In addition, every state has its own consumer protection office. A list for all states can be found at http://consumeraction.gov/state. shtml. Forty-three states provide possible penalties for violators of the state’s own codes. The court may order injunctive relief (the court orders the wrongdoer to stop the behavior), revoke the provider’s license, or impose hefty fines.
As for what happens if the consumer seeks federal action, it depends where he or she goes. The FTC’s position, upheld by state courts that have considered the issue, is that consumers cannot bring suit themselves under the Funeral Rule; the FTC must do so. It recommends civil or criminal court. The customer would presumably allege larceny, fraud, or other felonies. Federal courts have approved civil penalties of $20,000 and $121,000 in two preneed cases, settling charges that defendants didn’t provide preneed customers with price lists.
PART III: WORKING WITH ELDERLY AND IMPAIRED CLIENTS
figures, may be more socially isolated, and may be less able to gather information through other sources—like the internet. Consider this anecdote offered by one consumer: Dad wanted me to make prearranged funeral plans. He has a hard time talking to salesmen. As we began to visit with the young funeral director, Dad suddenly got very quiet and didn’t seem to be able to talk. And the funeral director began to sell Dad what he didn’t want, as if he hadn’t heard the request we made for simple cremation plans. I asked for a price list because the package of services he was showing us wasn’t what Dad had in mind. Dad didn’t seem to notice the warning I had sent to the funeral director. The director suddenly said that this other price list was probably more what we were after. I noticed the price was now half of what the other price had been. And Dad said yes, this was what he wanted. If this gentleman’s son was not there, the provider might have convinced the father to go with something more expensive than he wanted. To ensure ethical practices among funeral homes, the FTC conducts anonymous visits nationwide to make sure homes comply with the Funeral Rule. It fines violators or requires them to take classes if it finds these businesses to be noncompliant with the Rule. 3. Capacity to draw inferences from information : “Capacity to draw inferences from information” means reading between the lines and understanding the implications of statements. Older adults lose some of this capacity, taking information at face value. It’s important, then, that providers spell out the implications specifically. For example, suppose the provider offers a prepayment plan that can be canceled within 30 days without a substantial penalty. However, after 30 days, the policy cannot be canceled—or a large cancellation penalty applies. An informational brochure may state, “We promise you a full refund if you change your mind in the month after you purchase the policy.” From this sentence, a senior citizen might not realize that if he or she cancels on day 31, the consequences can be severe. 4. Multitasking : Another cognitive change to be aware of is the loss of ability to multitask. Multitasking doesn’t refer to doing more than one thing at once; rather, it means switching attention and focus quickly between tasks. It makes sense that since speed of processing slows as part of the aging process, the ability to switch from one new topic to an even newer one slows as well. The practical application: If a provider is discussing one aspect of a funeral, such as casket selection, it is important not to move abruptly to another topic, such as where the service is to be held, without some kind of transition.
Many of the individuals who make up preneed sales are elderly, and some may be impaired by various disabilities. Some of these disabilities may make decision-making more time consuming or difficult. Many elderly people, however, have none of the impairments or characteristics described subsequently. Conversely, a person of any age—not just the elderly—may have some impairment. It is the obligation of the provider or agent to present information clearly and ensure (to the greatest extent possible) that the customer understands the terms of the agreement. One must also make every effort to understand the requests of the elderly, or the impaired, customer. Ethical concerns are particularly important with regard to senior citizens: Elderly individuals may be more vulnerable to scams and less assertive with pushy sales tactics. Many seniors are not aware of their rights under the Funeral Rule. In an AARP study, for example, most elderly customers did not know they could choose individual items instead of buying a funeral package. The FTC also noted that senior citizens often do not know where to report fraud, don’t know they have been scammed in some cases, or are too ashamed to reveal it. Indeed, an AARP survey of preneed customers found that 37% did not know where they would go if they had a problem with their funeral plan. These customers also may be less likely to question authority Natural results of aging Aging need not come with mental and emotional challenges: Many elderly individuals lead vital, undiminished lives well into old age. For many, however, aging brings with it a special set of challenges different from other adults. Aging may alter how a person takes in and processes information, or may affect his or her way of relating to others. Although we all know people who are exceptions, psychologists and doctors maintain that elderly persons become less adept in five areas: 1. Speed of processing : Since it may take a senior citizen longer to absorb a large amount of information (such as funeral arrangements), it is important to provide this information in several ways, including written materials, and give the customer more time to let it sink in. 2. Cognitive flexibility : Cognitive flexibility refers to an adaptability to new situations and the ability to restructure one’s thinking based on new information. When we say, “you can’t teach an old dog new tricks,” we are talking about cognitive flexibility. Seniors often make decisions that are based on first impressions and gut feelings; they also tend to stick to those first impressions and feelings. As a funeral home provider, make sure your materials create a good first impression. Also, many recent industry publications focus on designing easy-to-navigate and comprehensive websites.
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