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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CONSENT DECREE 

WHEREAS, the United States of America ("Plaintiff"), has commenced this action by 

filing the Complaint herein; Defendants Andrew Torregrossa & Sons, Inc., Andrew L. 

Torregrossa, and John L. Torregrossa have waived service of the Summons and Complaint; the 

parties have been represented by the attorneys whose names appear hereafter; and the parties 

have agreed to settlement of this action upon the following terms and conditions, without 

adjudication of any issue of fact or law and without Defendants admitting liability for any of the 

matters charged in the Complaint other than jurisdictional facts; 

ORDER 

THEREFORE, on the joint motion of the Plaintiff and Defendants, it is ORDERED, 

ADJUDGED, and DECREED as follows: 
FINDINGS 

1. This Court has jurisdiction of the subj ect matter and of the parties. 

2. The Complaint states a claim upon which relief may be granted against the Defendants 

under Sections 5(a)(1), 5(m)(I)(A), 13(b), and 16(a) of the Federal Trade Commission Act, 15 

U.S.C. §§ 45(a)(I), 45(m)(1)(A), 53(b), and 56(a). 

3. Venue in this district is proper under 28 U.S.C. §§ 1391 (b-c) and 1395(a) and 15 U.S.C. 

§ 53(b). 

4. The activities of Defendants are in or affecting commerce as "commerce" is defined in 

Section 4 ofthe FTC Act, 15 U.S.C. § 44. 

5. Entry of this Order is in the public interest. 

6. Defendants stipulate to the entry of this Order freely and without coercion. Defendants 

further acknowledge that they have read the provisions of this Order and are prepared to abide by 

them. 

7. All parties waive all rights to appeal or otherwise challenge or contest the validity of this 

Order. 

8. The parties shall each bear their own costs and attorneys' fees incurred in this action. 

Defendants waive any claim they may have under the Equal Access to Justice Act, 28 U.S.c. 

§ 2412. 

DEFINITIONS 

1. "Individual Defendants" means Andrew L. Torregrossa, and John L. Torregrossa. 

2. "Corporate Defendant" means Andrew Torregrossa & Sons, Inc., and its successors and 

assigns. The Corporate Defendant is a "funeral provider" offering "funeral goods" and "funeral 

services" under 16 C.F.R. §§ 453.1(h)-G). 

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3. "Defendants" means all of the Individual Defendants and the Corporate Defendant, 

individually, collectively, or in any combination. 

4. "Funeral goods" are the goods which are sold or offered for sale directly to the public for 

use in connection with funeral services. 

5. "Funeral Rule" or "Rule" means the Trade Regulation Rule Concerning Funeral Industry 

Practices issued by the Federal Trade Commission ("FTC" or "Commission"), 16 C.F.R. Part 

453. Copies of the Funeral Rule and the FTC publication, "Complying with the Funeral Rule," 

are attached hereto as Exhibits A and B, respectively. 

6. "Funeral services" are any services which may be used to: (1) Care for and prepare 

deceased human bodies for burial, cremation or other final disposition; and (2) arrange, 

supervise or conduct the funeral ceremony or the final disposition of deceased human bodies. 

I. INJUNCTION 

IT IS THEREFORE ORDERED that Defendants and their officers, agents, servants, 

employees and attorneys, and all other persons in active concert or participation with any of 

them who receive actual notice of this Order by personal service or otherwise, are permanently 

enjoined from, directly or through any corporation, subsidiary, division, or other device: 

A. Requiring the purchase of any funeral good or funeral service, including but not limited 

to a casket, as a condition of furnishing any other funeral good or funeral service to a person 

arranging a funeral, or refusing to provide funeral services to a person seeking to arrange a 

funeral who wants to use third-party funeral goods, including but not limited to a casket; 

B. Requiring payment of any fee as a condition to furnishing any funeral good or funeral 

service to a person arranging a funeral, including but not limited to a fee for handling a casket 

purchased from a third party, except that Defendants may charge a fee for: (1) the services of 

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the funeral director and staff (the "basic services fee"), (2) other funeral services and funeral 

goods selected by a customer, and (3) other funeral goods or services necessitated by any legal, 

cemetery or crematory requirements described in writing on Defendants' statement of the funeral 

goods and services a customer has selected; 

c. Failing to give consumers who inquire in person a general price list they can keep upon 

beginning discussion of the overall type of funeral service or disposition, specific funeral goods 

or services offered, or the prices of such goods or services; 

D. Failing to include the following disclosure clearly and conspicuously on Defendants' 

general price list: 

"The goods and services shown below are those we can provide to our customers. 

You may choose only the items you desire. If legal or other requirements mean 

you must buy any items you did not specifically ask for, we will explain the 

reason in writing on the statement we provide describing the funeral goods and 

services you selected." 

Provided, however, that ifthe basic services fee cannot be declined by the purchaser, the 

disclosure must include the sentence: "However, any funeral arrangements you select will 

include a charge for our basic services" between the second and third sentences of the disclosure. 

Providedfurther, that this sentence may include the phrase "and overhead" after the word 

"services" if the fee includes a charge for the recovery of unallocated funeral provider overhead; 

E. Failing to show consumers who inquire in person about the offerings or prices of caskets 

or alternative containers a casket price list upon beginning discussion of caskets, but in any event 

before showing any caskets, models, or pictures of caskets; 

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F. Failing to show consumers who inquire in person about outer burial container offerings 

or prices an outer burial container price list upon beginning discussion of outer burial containers, 

vaults or grave liners, but in any event before showing any outer burial containers, vaults or 

grave liners, or models or pictures thereof; 

G. Failing to tell any person who asks by telephone about Defendants' offerings or prices 

any accurate information from Defendants' price lists and any other readily available 

information that reasonably answers the question; and 

H. Failing to give each person who arranges a funeral or other disposition of human remains 

an itemized written statement of all funeral goods and funeral services selected to keep at the 

conclusion of the discussion of arrangements. 

1. Any other provision of the Funeral Rule; provided, however, that pursuant to 16 C.F.R. 

. § 453A(b)(3)(ii), Defendants are not required to comply with a request fora combination of 

funeral goods or funeral services that would be impossible, impractical or excessively 

burdensome to provide. 

II. CIVIL PENALTY 

IT IS FURTHER ORDERED that: 

A. Defendants shall pay to Plaintiff a civil penalty, pursuant to Section 5 (m)(l )(A) of the 

Federal Trade Commission Act, 15 U.S.C. § 45(m)(I)(A), in the amount of Thirty-Two 

Thousand Dollars ($32,000). 

B. Defendants shall make the payment required by Section I1.A. within five (5) days of the 

date of entry of this Order, by transferring the sum of Thirty-Two Thousand Dollars ($32,000) in 

the form of a wire transfer or certified or cashier's check made payable to the Treasurer of the 

United States. The check or written confirmation of the wire transfer shall be delivered in 

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accordance with procedures specified by the Consumer Protection Branch, Civil Division, u.s. 

Department of Justice, Washington, DC 20530. 

C. In the event of any default in payment required to be made under this Order, the entire 

unpaid penalty, together with interest from the date of default to the date of payment, as 

computed pursuant to 28 U.S.C. § 1961, shall immediately become due and payable. 

D. Defendants relinquish all dominion, control, and title to the funds paid to the fullest 

extent permitted by law. Defendants shall make no claim to or demand return of the funds, 

directly or indirectly, through counselor otherwise. 

E. In accordance with 31 U.S.C. § 7701, Defendants are hereby required, unless they have 

done so already, to furnish to the Commission their taxpayer identifying numbers (social security 

number or employer identification number). Such numbers may be used solely for purposes of 

collecting and reporting on any delinquent amount arising out of Defendants' relationship with 

the government, and may not, unless otherwise permitted by law, be disclosed by the 

Commission. 

F. Defendants agree that the facts as alleged in the Complaint filed in this action shall be 

taken as true, without further proof, in any subsequent civil litigation filed by or on behalf ofthe 

Commission to enforce its rights to any payment or money judgment pursuant to this Order. 

G. Defendants agree that the judgment represents a civil penalty owed to the United States 

Government, is not compensation for actual pecuniary loss, and, therefore, as to the Individual 

Defendants, it is not subject to discharge under the Bankruptcy Code pursuant to 11 U.S.C. § 

523(a)(7). 

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III. COMPLIANCE REPORTING 

IT IS FURTHER ORDERED that Defendants make timely submissions to the 

Commission: 

A. One year after entry of this Order, each Defendant must submit a compliance report, 

sworn under penalty of peIjury. 

1. Each Defendant must: (a) designate at least one telephone number and an email, 

physical, and postal address as points of contact, which representatives of Plaintiff and the 

Commission may use to communicate with Defendant; (b) identify all of that Defendant's 

businesses by all of their names, telephone numbers, and physical, postal, email, and Internet 

addresses; (c). describe the activities of each business, including the products and services 

offered, the means of advertising, marketing, and sales, and the involvement of any other 

Defendant (which Individual Defendants· must describe if they know or should know due to their ' .. , .. 

own involvement); (d) describe in detail whether and how that Defendant is in compliance with 

each Section of this Order; and (e) provide a copy of each Order Acknowledgment obtained 

pursuant to this Order, unless previously submitted to Plaintiff and the Commission; 

2. Additionally, each Individual Defendant must: (a) identify all telephone numbers 

and all email, Internet, physical, and postal addresses, including all residences; (b) identify all 

titles and roles in all business activities, including any business for which such Defendant 

performs services whether as an employee or otherwise and any entity in which such Defendant 

has any ownership interest; and (c) describe in detail s~ch Defendant's involvement in each such 

business, including title, role, responsibilities, participation, authority, control, and any 

ownership. 

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B. For 10 years following entry of this Order, each Defendant must submit a compliance 

notice, sworn under penalty of perjury, within 14 days of any change in the following: 

1. Each Defendant must report any change in: (a) any designated point of contact; 

or (b) the structure of the Corporate Defendant or any entity that the Defendant has any 

ownership interest in or directly or indirectly controls that may affect compliance obligations 

arising under this Order, including: creation, merger, sale, or dissolution of the entity or any 

subsidiary, parent, or affiliate that engages in any acts or practices subject to this Order. 

2. Additionally, each Individual Defendant must report any change in: (a) name, 

including aliases or fictitious names, or residence address; or (b) title or role in any business 

selling or offering to sell funeral goods or funeral services, including any business for which 

such Defendant performs services whether as an employee or otherwise and any entity in which 

such Defendant has any;ownership interest, and identify its name, physical address, and Internet 

address, if any. 

C. . . Each Defendant must submit to the Commission notice of the filing of any 

bankruptcy petition, insolvency proceeding, or any similar proceeding by or against such 

Defendant within 14 days of its filing. 

D. Any submission to the Commission required by this Order to be sworn under penalty of 

peljury must be true and accurate and comply with 28 U.S.C. § 1746, such as by concluding: "I 

declare under penalty ofpeljury under the laws of the United States of America that the 

foregoing is true and correct. Executed on: __ " and supplying the date, signatory's full name, 

title (if applicable), and signature. 

E. Unless otherwise directed by a Commission representative in writing, all submissions to 

the Commission pursuant to this Order must be emailed to DEbrief@ftc.gov or sent by overnight 

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courier (not the U.S. Postal Service) to: Associate Director for Enforcement, Bureau of 

Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, 

DC 20580. The subject line must begin: United States v. Andrew Torregrossa & Sons, Andrew 

L. Torregrossa, Jr., and John L. Torregrossa, FTC File No.: 1123132. 

IV. RECORDKEEPING 

IT IS FURTHER ORDERED that Defendants must create certain records for 10 years 

after entry of the Order, and retain each such record for 5 years. Specifically, the Corporate 

Defendant, for any business that has sold or offered to sell funeral goods or funeral services, and 

each Individual Defendant, for any such business. in which that Defendant, individually or 

collectively with any other Defendant, is a majority owner or directly or indirectly controls must 

maintain the following records: 

A. . Accounting records showing the revenues {rom all goods and services sold by each such 

business, all costs incurred in generating those revenues, and the resulting net profit or loss; 

B. Personnel records showing; for each person providing services, whether an employee or 

otherwise, that person's: name, addresses, and telephone numbers; job title or position; dates of 

service; and, if applicable the reason for termination; 

C. Customer files showing the names, addresses, telephone numbers, dollar amounts paid, 

and the quantity and description of funeral goods and funeral services purchased; 

D. Complaints and refund requests concerning the sale or offer of funeral goods or funeral 

services, whether received directly or indirectly, such as through a third party, and any response; 

E. All records necessary to demonstrate full compliance with each provision of this Order, 

including all submissions to the Commission; and 

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F. A copy of each price list, contract, advertisement, and other marketing material for the 

sale or offer of funeral goods or funeral services. 

v. COMPLIANCE MONITORING 

IT IS FURTHER ORDERED that, for the purpose of monitoring Defendants' 

compliance with this Order, including any failure to transfer any assets as required by this Order: 

A. Within 30 days of receipt of a written request from a representative of the Plaintiff or the 

Commission, each Defendant must: submit additional compliance reports or other requested 

information, which must be sworn to under penalty of perjury; appear for depositions; and 

produce documents for inspection and copying. Plaintiff and the Commission are also 

authorized to obtain discovery, without further leave of court, using any of the procedures 

prescribed by Federal Rules of Civil Procedure 29,30 (including telephonic depositions), 31, 33, 

34~-36,45;and 69. 

B. For matters concerning this Order, Plaintiff and the Commission are authorized to 

communicate directly with each Defendant. Defendant must permit representatives of the 

Plaintiff and the Commission to interview any employee or other person affiliated with any 

Defendant who has agreed to such an interview. The person interviewed may have counsel 

present. 

C. Plaintiff and the Commission may use all other lawful means, including posing, through 

its representatives, as consumers, suppliers, or other individuals or entities, to Defendants or any 

individual or entity affiliated with Defendants, without the necessity of identification or prior 

notice. Nothing in this Order limits the Commission's lawful use of compulsory process, 

pursuant to Sections 9 and 20 ofthe FTC Act, 15 U.S.C. §§ 49, 57b-1. 

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VI. ORDER ACKNOWLEDGMENTS 

IT IS FURTHER ORDERED that Defendants obtain acknowledgments of receipt of 

this Order: 

A. Each Defendant, within 7 days of entry of this Order, must submit to the Commission an 

acknowledgment of receipt of this Order sworn under penalty of perjury. 

B. For 5 years after entry of this Order, each Individual Defendant, for any business selling 

or offering to sell funeral goods or funeral services that such Defendant, individually or 

collectively with any other Defendant, is the majority owner or directly or indirectly controls, 

and each Corporate Defendant, must deliver a copy of this Order to: (1) all principals, officers, 

directors, and managers; (2) all employees, agents, and representatives who have contact with 

consumers who are seeking to arrange a funeral; and (3) any business entity resulting from any 

change in structure as set forth in the Section titled Compliance Reporting. Delivery must occur 

within 7 days of entry of this Order for current personnel. To all others, delivery must occur 

before they assume their responsibilities. 

C. From each individual or entity to which a Defendant delivered a copy of this Order, that 

Defendant must obtain, within 30 days, a signed and dated acknowledgment of receipt of this 

Order. 

VII. RETENTION OF JURISDICTION 

IT IS FURTHER ORDERED that this Court shall retain jurisdiction ofthis matter for 

purposes of construction, modification, and enforcement of this Order. 

JUDGMENT IS THEREFORE ENTERED in favor of Plaintiff and against 

Defendants, pursuant to all the terms and conditions recited above. 

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ENTERED: this __ day of _______ , 2012. 

UNITED STATES DISTRICT JUDGE 

' ..... :r ... 

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The parties, by their respective counsel, consent to the terms and conditions of the 

Consent Decree as set forth above and consent to the entry thereof. 

FOR THE FEDERAL TRADE 

COMMISSION: 

WILLARD K. TOM' , 

General CoWtscl 

DAVID VLADECK, Director 

Bureau of Consumer Protection 

LOIS C. GREIS MAN 

or for Marketing Practices 

~~Ll Craig gil 

Funeral Rule Coordinator 

Federal Trade Commission 

600 PennSylvania Ave. N.W. 

Washington, D.C. 20580 

(202) 326-2970 (Office), 

(202) 326-3395 (Facsimilc) 

FOR THE DEFENDANT ANDREW 

TORREGROSSA & SONS, INC. 

By: 

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FOR THE UNITED STATES OF AMERICA 

STUARTF. 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 

MAAME EWUSI-MENSAH FRIMPONG 

Acting Deputy Assistant Attorney General 

Civil Division 

MICHAEL S. BLUME 

Director 

Consumer Protection Branch 

" \ 

.-- },>~(J:P~ ALAN~HELPs 

Trial Attorney 

Consumer Protection Branch 

U.S. Department of Justice 

PO Box 386 

Washington, D.C. 20044 

Phone: 202-307-6154 

alan.phelps@usdoj.gov 

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