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UNITED STATES DI~ b~fuP.. FOR THE MIDDLE DISTRI~T or ALABJ,\MA zon t~ov 2 ~--J IL: '-+ j 

FEDERAL TRADE COMMISSION, 

Plaintiff, 

v. 

·:ROSS-CLAYTON FUNERAL HOME, 

.: ~IN~-, an Alabama corporation, ,; ,: _'· .~ ,· >~.:. 

, :~b,!\VID C. ROSS, JR., individually and as 

-. ~.~_:.(f~fficer ofRoss:...Clayton Funeral Home, 

' "In.'0:: and ~··' 

· ELEANOR LEWIS DAWKINS, 

individually and as art officer of RossClayton Furteral Home, Inc. 

Defendants 

DEBRA P. HACKETT. CL!i 

US. DISTRICT COURT . <}iVIDAEtlliiiNdCT P/JA/3-a.V- 85"1-1111-41 

COMPLAlNT FOR CIVIL PENAL TIES 

AND INJUNCTIVE AND OTHER EQUITABLE RELIEF 

Plaintiff, the Federal Trade Commission ("FTC'' or "Commission''), by its undersigned 

attorneys, for its Complaint alleges: 

1. The Commission brings this action under Sections 5(a)(l), 5(m)(1)(A), 13(b), and 16(a) 

of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. §§ 45(a)(l), 45(m)(l)(A), 53(b), 

and 56( a), to obtain monetary civil penalties, a permanent injunction, and other equitable relief 

for Defendants' violations of the Commission's Trade Regulation Rule Concerning Funeral 

Industry Practices ("Rule" or "Funeral Rule"), 16 C.F.R. Part 453. 
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JURISDICTION AND VENUE 

2. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331, 1337(a), 1345, 

and 1355 and under 15 U.S.C. §§ 45(m)(l)(A), 53(b), and 56(a). This action arises under 15 

U.S.C. § 45(a)(l). 

3. Venue is proper in this district under 15 U.S.C. § 53(b) and 28 U.S.C. §§ 139l(b-c) and 

1395(a). 

PLAINTIFF 

4. The Cominission has the authority to bring this action under 15 U.S.C. §§ 53(b) 

and 56(a)(l)(B) and (a)(2)(a). The Commission is an independent agency of the United States 

Government given statutory authority and responsibility by the FTC Act, as amended, 15 U.S.C. 

§§ 41-58. The Commission is charged, inter alia, with enforcing Section 5 of the FTC Act, 15 

U.S.C. § 45(a), which prohibits unfair or deceptive acts or practices in or affecting commerce. 

The Commission also is authorized by 15 U.S.C. § 57a(a)(l)(B) to issue ttade regulation tules 

that "define with specificity acts or practices which are unfair or deceptive acts or practices in or 

affecting comm:erce (within the mea.iling of section 45(a)(l))," and inay obtain civil penalties for 

rule violations pursuant to 15 U.S.C. § 45(m)(l)(A). 

DEFENDANTS 

5. Defendant Ross-Clayton Funeral Home, Inc. ("Ross-Clayton") is an Alabama corporation 

with its principal place of business at 1412 Adams Avenue, Montgomery, AL 36104. Defendant 

\ 

Ross-Clayton transacts or has transacted business in this district. At times material to this 

Complaint, acting alone or in conjunction with others, Ross-Clayton has sold or offered for sale 

funeral goods and funeral services. 

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6. Defendant David C. Ross, Jr. is the president, chief executive officer, and an owner of 

Defendant Ross-Clayton. At times material to this Complaint, acting alone or in concert with 

others, he hfts formulated, directed, controlled, had the authority to control, or participated in the 

acts and practices of Defendant Ross-Clayton, including the acts and practices set forth in this 

Complaint. Defendant David C. Ross, Jr. resides in this district and, in connection with the 

matters alleged herein, transacts or has transacted business in this district. 

7. Defendant Eleanor Lewis Dawkins is the secretary, treasurer, and an owner of Defendant 

Ross-Clayton. At times material to this Complaint, acting alone or in concert with others, she 

has formulated, directed, controlled, had the authority to control, or participated in the acts and 

practices of Defendant Ross-Clayton, including the acts and practices se~ forth in this Complaint. 

Defendant Eleanor Lewis Dawkins resides in this district and, in connection with the matters 

alleged herein, transacts or has transacted business in this district. 

- THE FUNERAL RULE 

8. The Funeral Rule, promulgated by the Commission under Section 18 of the FTC Act, 15 

U.S.C. § 57 a, became effective in its entirety on April 30, 1984, and since that date has remained 

in full force and effect. Amendment$ to the Funeral Rule were prmnulgated by the Commission 

under Section 18 of the FTC Act, 15 U.S.C. § 57a, and became effective on July 19, 1994. The 

. Funeral Rule is codified at 16 C.F.R. Part 453. 

9. Since it took effect, the Rwe has prohibited, inter alia, funeral providers from failing to 

show a printed or typewritten price list to persons Who inquire in person about the offerings or 

prices of caskets or alternative containers. The Rule requires that the list be offered upon 

beginning discussion of, but in any event before ~howi_ng caskets. 16 C.F.R. § 453.2(b)(2). 

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10. This core prohibition was made part of the Rule to ensure that "[c]onsumers have access 

to sufficient information to permit them to make informed decisions about which goods and 

services they wish to purchase." FTC FUNERAL RULE, STATEMENT OF BASIS AND PURPOSE, 47 

Fed. Reg. 42260 (Sept. 24, 1982). 

DEFENDANTS' BUSINESS PRACTICES 

11 Defendants are "funeral providers" as that term is defined in Section 453.l(i) of the Rule, 

16 C.F.R. § 453,l(i), and sell or offer to sell "funeral goods" and "funeral services," as those 

terms are defmed in Sections 453.l(h) and 453.l(j) of the Rule, 16 C.F.R. §§ 453.l(h) and 

453.l(j). 

12. Defendants have discussed the offerings or prices of caskets or alternative containers with 

people who inquired in person about Defendants' offerings or prices of caskets or alternative 

containers, without showing them a printed or typewritten casket price list at the beginning of 

discussions of caskets or before showing caskets to those persons. 

VIOLATIONS OF THE FUNERAL RULE 

13. In at least two separate incidents, in connection with selling or offering to sell funeral 

goods and funeral services, Defendants violated the Funeral Rule by failing to show a person 

who inql!ired in person about the offerings or prices of caskets or alternative containers a printed 

ot typewritten casket price list, upon beginning discussion of, but irt any event before showing 

the caskets, in violation of 16 C.F.R. § 453.2(b)(2). 

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CIVIL PENALTIES AND INJUNCTION 

14. Section 5(m)(l)(A) of the FTC Act, 15 U.S.C. § 45(m)(1)(A), authorizes the Court to 

award monetary civil penalties of not more than $16,000 for each such violation ofthe Funeral 

Rule. See also 16 C.F.R. § 1.98. 

15. Defendants have violated the Funeral Rule as described above with knowledge as set 

forth in Section 5(m)(1)(A) ofthe FTC Act, 15 U.S.C. § 45(m)(1)(A). 

16. Pursuant to Section 18(d)(3) ofthe FTC Act, 15 U.S.C. § 57a(d)(3), a violation ofthe 

Funeral Rule constitutes an unfair or deceptive ~ct or practice iJI violation of Section 5(a)(1) of 

the FTC Act, 15 U.S.C. § 45(a)(l). 

17. Section 5(a) of the FTC Act, 15 U.S.C. § 45(a), provides that "unfair or deceptive acts or 

practices in or affecting commerce are hereby declared unlawful.'' 

18. Defendants sell and offer to sell funeral goods and funeral services in or affecting 

commerce as "commerce" is defined in Section 4 of the FtC Act, 15 U.S.C. § 44. 

19. Under Section 13(b) of the FTC Act, 15 U.S.C. § 53(b), this Court is authorized to issue a 

permanent injunction enjoining Defendants from violating the FTC Act. 

PRAYER FOR RELIEF 

Wherefore, Plaintiff requests that this CoUrt, pursuantto 15 U.S.C. §§ 45(a)(l), 

45(m)(l)(A), and 53(b), and pursuant to its own equitable powers: 

(1) Enter judgment against Defendants and in favor ofPlaintifffot the violations of 

the Funeral Rule and Section5(a) ofthe FTC Act, 15 U.S.C. § 45(a), alleged in this Complaint; 

(2) Award Plaintiff monetary civil penalties froin Defendants for the violations of the 

Funeral Rule alleged in this Complaint; 

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(3) Enjoin Defendants ftom violating the Funeral Rule and Section 5 of the FTC Act, 

15 U.S.C. § 45; and 

( 4) Award Plaintiff such additional relief as the Court may deem just and proper. 

Dated: Washington, D.C. 

November 21, 2013 

\~ 

Respectfully submitted, 

JONATHAN E. NUECHTERLEIN 

Q~'~·'\J.I) P. Connell McNulty 

(Pa. Attorney No.: 87966) 

Federal Trade Commission 

6 

600 Pennsylvania Avenue, NW 

Washington, DC 20580 

Office: 202-326-2061 

Facsiro.ile: 202-326-3395 

Attorneys for Plaintiff 

Federal Trade Commission