UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF NEW YORK 

UNITED STATES OF AMERICA, 

Plaintiff, 

, v. 

ANDREW TORREGROSSA & SONS, INC., 

a New York corporation; 

ANDREW L. TORREGROSSA, individually and 

as an officer of the corporation; and 

JOHN L. TORREGROSSA, individually and as an 

officer of the corporation; 

Defendants. 

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COMPLAINT FOR CIVIL PENAL TIES 

AND INJUNCTIVE AND OTHER RELIEF ....... ...:! 

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Plaintiff, the United States of America, acting upon notification and aut~~ion ;tg the 

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Attorney General by the Federal Trade Commission ("Commission"), by its un::~s~ed ~ .. J f.:J (""') 

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attorneys, for its Complaint alleges: :J ~ 

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1. Plaintiff brings this action under Sections 5(a)(l), 5(m)(l)(A), 13{T5};::Bnd 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 

Defendant's violations ofthe Commission's Trade Regulation Rule Concerning Funeral Industry 

Practices ("Rule" or "Funeral Rule"), 16 C.F.R. Part 453. 
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)(I)(A), 53(b), and 56(a). This action arises under 

15 U.S.c. § 45(a)(1). 

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

§§ 1391(b-c) and 1395(a). 

PLAINTIFF 

4. This action is brought by the United States of America on behalf of the Federal 

Trade Commission pursuant to 15 U.S.C. § 56. 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, which prohibits unfair and deceptive acts or practices in or 

affecting commerce. The Commission also is authorized by 15 U.S.C. § 57a(a)(1)(B) to issue 

trade regulation rules that "defme with specificity acts or practices which are unfair or deceptive 

acts or practices in or affecting commerce (within the meaning of such section 45(a)(1))," and 

may obtain civil penalties for rule violations pursuant to 15 U.S.C. § 45(m)(1)(A). 

DEFENDANT 

5. Defendant Andrew Torregrossa & Sons, Inc. ("Torregrossa"), is aNew York 

corporation with its principal place of business located within the State of New York at 1305 79th 

Street, Brooklyn, New York 11228. In connection with the matters alleged herein, Defendant 

Torregrossa is located in or transacts business in this District. 

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6. Defendant John L. Torregrossa is the corporate President and an owner of 

Defendant Torregrossa. At all times material to this complaint, acting alone or in concert with 

others, Defendant John Torregrossa has formulated, directed, controlled, had the authority to 

control, or participated in the acts and practices of Defendant Torregrossa, including the acts and 

practices set forth in this complaint. In cOImection with the matters alleged herein, Defendant 

John Torregrossa transacts or has transacted business in this District. 

7. Defendant Andrew L. Torregrossa, is the corporate Vice-President and an owner 

of Defendant Torregrossa. At all times material to this complaint, acting alone or in concert with 

others, Defendant Andrew Torregrossa has formulated, directed, controlled, had the authority to 

control, or participated in the acts and practices of Defendant Torregrossa, including the acts and 

practices set forth in this complaint. In cOIIDection with the matters alleged herein, Defendant 

Andrew Torregrossa 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. § 57a, became effective in its entirety on April 30, 1984, and since that date has 

remained in full force and effect. Amendments to the Funeral Rule were promUlgated 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 first took effect, the Rule has prohibited, inter alia, a "funeral provider" 

from requiring the purchase of any funeral good or service, including a casket, as a condition of 

providing consumers with other funeral goods or services. 16 C.F.R. § 453 A(b)(1 )(i). This core 

prohibition was made part ofthe Rule to prevent funeral providers from requiring consumers to 

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"purchase unwanted goods and services as a condition of obtaining those which they do want." 

FTC FUNERAL RULE, STATEMENT OF BASIS.MTI PURPOSE, 47 Fed. Reg. 42260,42282 (Sept. 24, 1982). 

10. Defendants are "funeral providers," as that term is defined in Section 453.1(i) of 

the Rule, 16 C.F.R. § 453.1(i), and sell or offer to sell "funeral goods" and "funeral services," as 

those terms are defmed in Sections 453.1(h) and 453.1G) ofthe Rule, 16 C.F.R. §§ 453.1(h) and 

453.1G). 

11. Defendants have informed individuals seeking to purchase Defendants' funeral 

goods and services that, as a matter of policy, Defendants would not permit the use of a casket 

purchased from a third party, and would provide funeral goods and services only to consumers 

who purchase a casket from Defendants. 

12. By making the purchase of a casket Defendants sell a condition of obtaining 

Defendants' services, the Defendants have prevented consumers from buying only the funeral 

goods and services they want, and·have violated § 453A(b)(1)(i) of the Funeral Rule. 

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 have violated the Funeral Rule by conditioning 

the furnishing of any funeral goods or funeral services on the purchase of a casket from their 

funeral home, in violation of 16 C.F.R. § 453 A(b)(1 )(i). 

CIVIL PENAL TIES AND INJUNCTION 

14. Section 5(m)(1)(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 of the 

Funeral Rule. 

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

set forth in Section 5(m)(1)(A) of the FTC Act, 15 U.S.C. § 45(m)(l)(A). 

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

the Funeral Rule constitutes an unfair or deceptive act or practice in violation of Section 5(a)(1) 

of the FTC Act, 15 U.S.C. § 45(a)(1). 

17. Section 5(a) ofthe FTC Act, 15 U.S.C. 45(a), provides that "unfair and 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 

WHEREFORE, Plaintiff requests that this Court, pursuant to 15 U.S.C. §§ 45(a)(1), 

45(m)(1 )(A), and 53(b), and pursuant to its own equitable powers: 

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

the Funeral Rule and Section 5(a) of the FTC Act, 15 U.S.C. § 45(a), alleged in this Complaint; 

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

Funeral Rule alleged in this Complaint; 

(3) Enjoin Defendants from 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. 

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FOR THE UNITED STATES 

OF AMERICA: 

STUART F. DELERY 

Acting Assistant Attorney General 

Civil Division 

United States Department of Justice 

LORETTA E. LYNCH 

United States Attorney 

Eastern District of New York 

Assistant United States Attorney 

Eastern District of New York 

271 Cadman Plaza East 

Brooklyn, NY 11201 

Phone: 718-254-7000 

Iv1AAME EWUSI-MENSAH FRIMPONG 

Acting Deputy Assistant Attorney General 

Civil Division 

MICHAEL S. BLUME 

Director 

Consumer Protection Branch 

( 

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AtXN PH:ELPS 

Trial Attorney 

Consumer Protection Branch 

U.S. Department of Justice 

PO Box 386 

Washington, D.C. 20044 

Phone: 202-307-6154 

alan.phelps(a),usdoj. gov 

FOR THE FEDERAL TRADE 

COMMISSION: 

WILLARD K. TOM 

General Counsel 

LOIS C. GREISMAN 

Associate Director 

Division of Marketing Practices 

Craig Tregillus, Attorney 

Federal Trade Commission 

600 Pennsylvania Ave. N.W. - Rm. H-286 

(202) 326-2970 (Office) 

(202) 326-3395 (Facsimile) 

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