Case 1:11-cv-01258-RBW Document 1 Filed 07/12/11 Page 1 of 6

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA 

) 

UNITED STATES OF AMERICA, ) 

) 

Plaintiff, ) 

) 

v. ) Civil Action No. 

) 

B. K. HENRY FUNERAL CHAPEL, INC., ) 

a District of Columbia corporation; ) 

BRIAN K. HENRY, individually and as an officer of ) 

the corporation; and ) 

LISA HENRY, individually and as an officer of the ) 

corporation; ) 

) 

Defendants. ) 

-------------------------) 

COMPLAINT FOR CIVIL PENALTIES 

AND INJUNCTIVE AND OTHER RELIEF 

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

Attorney General by the Federal Trade Commission ("Commission"), by its undersigned 

attorneys, for its Complaint alleges: 

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

the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. §§ 45(a)(I), 45(m)(I)(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 hassubject 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)(I). 
Case 1:11-cv-01258-RBW Document 1 Filed 07/12/11 Page 2 of 6

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

acts or practices in or affecting commerce" within the meaning of Section 5(a)(I), 15 U.S.C. 

§ 45(a)(I), and may obtain civil penalties for rule violations pursuant to 15 U.S.C. 

§ 45(m)(I)(A). 

DEFENDANT 

5. Defendant B. K. Henry Funeral Chapel, Inc. ("BKH") is a District of Columbia 

corporation with its principal place of business located within the District of Columbia at 420 H 

Street, N.E., Washington, D.C. 20002. In connection with the matters alleged herein, Defendant 

BKH is located in or transacts business in this District. 

6. Defendant Brian K. Henry is the President and an owner of Defendant BKH. 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 Brian K. Henry has formulated, 

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

Defendant BKH, including the acts and practices set forth in this complaint. In connection with 

Page 2 of6 
Case 1:11-cv-01258-RBW Document 1 Filed 07/12/11 Page 3 of 6

the matters alleged herein, Defendant Brian K. Henry transacts or has transacted business in this 

District. 

7. Defendant Lisa Henry is the Vice-President/Secretary and an owner of Defendant 

BKH. Her 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 Lisa Heniy has formulated, 

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

Defendant BKH, including the acts and practices set forth in this complaint. In connection with 

the matters alleged herein, Defendant Lisa Henry 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 Apri130, 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 V.S.c. § 57a, and became effective on July 19, 

1994. The Funeral Rule is codified at 16 C.F.R. Part 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.I(i), and have sold or offered to 

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

453.1 Gl of the Rule, 16 C.F.R. §§ 453.1 (h) and 453.IGl. 

10. In at least two separate incidents, 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, IS U.S.C. § 44, Defendants have violated the Funeral Rule by failing 

Page 3 of6 
Case 1:11-cv-01258-RBW Document 1 Filed 07/12/11 Page 4 of 6

to provide to each person who inquires in person about the offerings or prices of caskets o.r 

alternative containers a printed or typewritten 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 

11. Section 5(m)(1 )(A) of the FTC Act, 15 U.S.C. § 45(m)(I)(A), authorizes the 

Court to award monetary civil penalties of not more than $16,000 for each such violation of the 

Funeral Rule. 

12. 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)(I)(A). 

13. 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)(I) 

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

14. Section 5(a) of the FTC Act, 15 U.S.C. § 45(a), provides that "unfair and 

deceptive acts or practices in or affecting commerce are hereby declared unlawful." 

15. 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. 

16. 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 

WIIEREFORE, 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: 

Page 4 of6 
Case 1:11-cv-01258-RBW Document 1 Filed 07/12/11 Page 5 of 6

(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 

Ftuleral Rule alleged in this Complaint; 

(3) Enjoin Defendants from violating the F1.Uleral 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: July 12,2011 

Respectfully submitted, 

Page 5 of6 
Case 1:11-cv-01258-RBW Document 1 Filed 07/12/11 Page 6 of 6

OF COUNSEL: 

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) 

FOR THE UNITED STATES 

OF AMERICA: 

TONY WEST 

Assistant Attorney General 

MAAME EWUSI-MENSAH FRIMPONG 

Acting Deputy Assistant Attorney General 

KENNETH L. JOST 

Acting Director 

CINDY J. CHO 

Trial Attorney 

United States Department of Justice 

Office of Consumer Protection Litigation 

Washington, D.C. 20530 

(202) 532-4721 (Office) 

(202) 514-8742 (Facsimile) 

RONALD C. MACHEN, JR. 

United States Attorney 

Page6of6