UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF NE\V YORK 

UNITED STATES OF AMERICA, 

Plaintiff, 

v. 

DONMAZLTD., 

a New York corporation, d/b/a Blair-Mazzarella 

Funeral Home, and 

JAMES DONOFRIO, 

individually and as an officer of the corporation, 

Defendants. 

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COMPLAINT FOR CIVIL PENALTIES 

AND INJUNCTIVE AND OTHER RELIEF 

Civil Action No. 

Plaintiff, the United States of America, acting upon notification and authorization to the 

Attorney General by the Federal Trade Commission ("Commission"), for its Complaint alleges 

that: 

1. Plaintiff brings this action under Sections 5 (a) (1 ), 5(m)(1 )(A), 13(b), and 16(a) of 

the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. §§ 45(a)(1), 45(m)(1)(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. 

JURISDICTION AND VENUE 

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

1345, and 1355 and 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. §§ 1391(bc) 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)(l)(B) to issue 

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

acts or practices in or affecting commerce (within the meaning of such section 5(a)(l))," and may 

obtain civil penalties for rule violations pursuant to 15 U.S.c. § 45(m)(l)(A). 

DEFENDANTS 

5. Defendant Donmaz Ltd. ("Donmaz") is a New York corporation with its principal 

place of business located within the Eastern District of New York at 723 Coney Island Avenue, 

Brooklyn, NY 11218. At all relevant times, Donmaz has done business as the Blair-Mazzarella 

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Funeral Home. In connection with the matters alleged herein, Donmaz is located in or transacts 

business in this District. 

6. Defendant James Donofrio ("Donofrio") is the President and the owner of 

Donmaz. His business address is the same as that of the corporate defendant. At all times 

material to this complaint, acting alone or in concert with others, Defendant Donofrio has 

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

practices of Defendant Donmaz, doing business as the Blair-Mazzarella Funeral Home, including 

the acts and practices set forth in this complaint. In connection with the matters alleged herein, 

Defendant Donofrio 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. Pari 453. 

VIOLATIONS OF THE FUNERAL RULE 

9. At all times material herein, Defendants have been a "funeral provider" as that term 

is defined in Section 453.1 (i) of the Rule, 16 C.F .R. § 453.1 (i), and have sold or offered to sell 

"funeral goods" and "funeral services," as those terms are defined in Sections 453.1(h) and 453.1U) 

of the Rule, 16 C.F.R. §§ 453.1(h) and 453.1U). 

10. In 2003, in connection with selling or offering to sell funeral goods and funeral 

services, in or affecting commerce, as "commerce" is defined in Section 4 of the FTC Act, 15 

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U.S.C. § 44, Defendants violated the Funeral Rule by, among other things, failing to provide to 

each person who inquires in person about the offerings or prices of caskets or alternative containers 

a printed or typewritten casket price list, upon beginning discussion of, but in any event before 

showing, caskets or alternative containers, in violation of 16 C.F .R. § 453 .2(b )(2). After these 

violations occurred, Donofrio emolled Donrnaz in the Funeral Rule Offenders Program ("FROP") 

in 2003 and received FROP training in how to comply with the Funeral Rule. 

11. In June and September 2010, in connection with selling or offering 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, Defendants violated the Funeral Rule by failing to provide to each 

person who inquires in person about the offerings or prices of caskets or alternative containers a 

printed or type"written casket price list, upon beginning discussion of, but in any event before 

showing, caskets or alternative containers, thereby violating 16 C.F.R. § 453.2(b)(2). 

CIVIL PENAL TIES AND INJUNCTION 

12. 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. 

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

set f011h in Section 5(m)(1)(A) of the FTC Act, 15 U.S.C. § 45(m)(1)(A). 

14. 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). 

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15. 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." 

16. 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. 

17. 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, Plaintiffrequests 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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j ..... 1 /1 

Dated:./'-1 c;~f J I /\.-0/ l.. Respectfully submitted, 

FOR THE UNITED STATES OF AMERICA: FOR THE FEDERAL TRADE COMMISSION: 

STUART F. DELERY 

Acting Assistant Attorney General 

Civil Division 

United States Department of Justice 

LORETTA E. LYNCH 

United States Attorney 

Eastern District ~ifew York 

~/! L 

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 

KENNETH L. JOST 

Deputy Director 

Con~umer Pr~tect~on Branch 

\\ (~ 

l\\~~" 

ALAN PHELPS 

\ 

Trial A\t9rney 

Consumer Protection Branch 

U.S. Department of Justice 

PO Box 386 

Washington, D.C. 20044 

Phone: 202-307-6154 

alan.phelps@usdoj.gov 

WILLARD K. TOM 

General Counsel 

LEONARD L. GORDON 

Regional Director 

Northeast Region 

ROBIN E. EICHEN 

Attorney 

Federal Trade Commission 

One Bowling Green 

Suite 318 

New York, NY 10004 

212-607 -2829 (Office) 

212-607-2820 (Facsimile) 

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