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UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

FEDERAL TRADE COMMISSION, 

Plaintiff, 

v. Case No. 2:13-cv-851-RBD-CSC 

ROSS-CLAYTON FUNERAL HOME, 

INC.; DAVID C. ROSS, JR.; and 

ELEANOR LEWIS DAWKINS, 

Defendants. 

ORDER, CONSENT DECREE, MONETARYJUDGMENT, & INJUNCTION 

Plaintiff Federal Trade Commission (“FTC”), filed its Complaint for Civil Penalties 

and Injunctive and Other Equitable Relief (“Complaint”), seeking a permanent injunction, 

civil penalties, and other relief in this matter, pursuant to Sections 13(b), 16(a)(1), and 19 

of the Federal Trade Commission Act (“FTC Act”), 15 U.S.C. §§ 53(b), 56(a)(1), and 57b.

On June 21, 2016, FTC and Defendant Ross-Clayton Funeral Home, Inc. filed a Joint 

Motion for Approval of Consent Decree (Doc. 101), which was based on their agreement 

to resolve their disputes in this action by entry of a proposed consent decree (see 

Doc. 101-1). 

As set forth below, IT IS ORDERED that the Joint Motion for Approval of Consent 

Decree (Doc. 101) is GRANTED. Consequently, the Court enters this Order, Consent 

Decree, Monetary Judgment, & Injunction (hereinafter, “Decree”).

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DEFINITIONS

For the purpose of this Decree, the following definitions apply:

1. “Ross-Clayton” means Ross-Clayton Funeral Home, Inc. and its 

successors and assigns.

2. “Clearly and conspicuously” means that a required disclosure is difficult 

to miss (i.e., easily noticeable) and easily understandable by ordinary consumers, 

including in all of the ways set forth below in subparagraphs (a) through (h). 

a) With any visual communication, such as a price list, the 

disclosure must be made through the same means by which the 

communication is presented. In any communication made through both 

visual and audible means, such as the presentation of a price list through 

an audio-visual medium, the disclosure must be presented simultaneously 

in both the visual and audible portions of the communication. 

b) A visual disclosure, by its size, contrast, location, the length 

of time it appears, and other characteristics, must stand out from any 

accompanying text or other visual elements so that it is easily noticed, read, 

and understood.

c) An audible disclosure must be delivered in a volume, speed, 

and cadence sufficient for ordinary consumers to easily hear and 

understand it.

d) In any communication using an interactive electronic medium, 

such as the Internet or software, the disclosure must be unavoidable.

e) The disclosure must appear in each language in which the 

representation that requires the disclosure appears.

f) The disclosure must comply with these requirements in each 

medium through which it is received, including all electronic devices. 

g) The disclosure must not be contradicted or mitigated by, or 

inconsistent with, anything else in the communication.

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h) When the representation or sales practice targets a specific 

audience, such as children, the elderly, or the terminally ill, “ordinary 

consumers” includes reasonable members of that group.

3. “Funeral goods” means the goods which are sold or offered for sale 

directly to the public for use in connection with funeral services, as defined in 

16 C.F.R. § 453.1(h).

4. “Funeral Rule” or “Rule” means the Trade Regulation Rule Concerning 

Funeral Industry Practices issued by the FTC, 16 C.F.R. Part 453. Copies of the Funeral 

Rule and the FTC publication “Complying with the Funeral Rule” are attached to this 

Decree as Exhibits A and B, respectively.

5. “Funeral services” means 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, as defined in 16 C.F.R. § 453.1(j).

FINDINGS

1. This Court has jurisdiction over this matter.

2. The Complaint charges that Ross-Clayton participated in unfair or deceptive 

acts or practices in violation of Section 5 of the FTC Act, 15 U.S.C. § 45, and the Funeral 

Rule. 

3. Ross-Clayton neither admits nor denies any of the allegations in the 

Complaint, except as specifically stated in this Decree. Only for purposes of this action, 

Ross-Clayton admits the facts necessary to establish jurisdiction.

4. Ross-Clayton waives any claim that it may have under the Equal Access to 

Justice Act, 28 U.S.C. § 2412, concerning the prosecution of this action through the date 

of this Decree, and agrees to bear its own costs and attorney fees. 

5. Ross-Clayton waives and releases any other claims that it may have against 

the FTC or its agents that relate to this action, including those asserted in its First 

Amended Counterclaim.

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6. FTC and Ross-Clayton waive all rights to appeal or otherwise challenge or 

contest the validity of this Decree.

DECREE

I. MONETARY JUDGMENT FOR CIVIL PENALTY

IT IS ORDERED AND ADJUDGED that:

A. Judgment in the amount of Sixteen Thousand Dollars ($16,000.00) 

is entered in favor of the FTC and against Ross-Clayton as a civil 

penalty.

B. Ross-Clayton is ordered to pay to the FTC Sixteen Thousand Dollars 

($16,000.00) which, as Ross-Clayton stipulates, its undersigned 

counsel holds in escrow for no purpose other than payment to the 

FTC. Such payment must be made within seven (7) calendar days 

of entry of this Decree by electronic fund transfer in accordance with 

instructions provided by a representative of the FTC.

C. Ross-Clayton relinquishes dominion and all legal and equitable right, 

title, and interest in all funds transferred pursuant to this Decree and 

may not seek the return of any such funds.

D. The facts alleged in the Complaint will be taken as true, without 

further proof, in any subsequent civil litigation filed by or on behalf of 

the FTC, including in a proceeding to enforce its rights to any 

payment or monetary judgment pursuant to this Decree. 

E. Ross-Clayton acknowledges that its Taxpayer Identification Number, 

which it must submit to the FTC, may be used for collecting and 

reporting on any delinquent amount arising out of this Decree, in 

accordance with 31 U.S.C. § 7701.

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II. INJUNCTION

IT IS FURTHER IS ORDERED AND ADJUDGED that Ross-Clayton, 

Ross-Clayton’s officers, agents, employees, and attorneys, and all other persons in active 

concert or participation with any of them, who receive actual notice of this Decree, 

whether acting directly or indirectly, in connection with selling or offering to sell funeral 

goods or funeral services to the public, are restrained and enjoined from violating, directly 

or through any corporation, subsidiary, division, or other device, any provision of the 

Funeral Rule, including the Rule’s prohibitions against:

A. Failing to show consumers who inquire 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, any caskets, alternative containers, or models or pictures 

of such items;

B. Failing to give consumers who inquire in person about offerings or 

prices of funeral goods or funeral services a printed or typewritten 

general price list that 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 funeral goods or services;

C. Failing to include the following disclosure clearly and conspicuously 

on Ross-Clayton’s general price list, immediately above the prices:

“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.”

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Provided however, that if the basic service 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.” This sentence must appear between the second and 

third sentences of the disclosure above. Provided further, 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;

D. Failing to show consumers, who inquire in person about offerings or 

prices of outer burial containers, a printed or typewritten outer burial 

container price list upon beginning discussion of, but in any event 

before showing, any outer burial containers, vaults, grave liners, or 

models or pictures of such items;

E. Failing to tell any person who asks by telephone about 

Ross-Clayton’s offerings or prices any accurate information from 

Ross-Clayton’s price lists and other readily available information that 

reasonably answers the person’s question;

F. Failing to give for retention to each person who arranges a funeral or 

other disposition of human remains an itemized written statement of 

all funeral goods and services selected by that person and the prices 

to be paid for each good or service;

G. Requiring the purchase of any funeral good or funeral service as a 

condition of furnishing any other funeral good or funeral service, or 

refusing to provide funeral services to a person seeking to arrange a 

funeral who wants to use third-party funeral goods, except as 

required by law or as otherwise permitted by the Funeral Rule;

H. Requiring payment of any fee as a condition to furnishing any funeral 

good or service to a person arranging a funeral, other than fees for: 

(1) Services of funeral director and staff (the “basic services fee”); 

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(2) other funeral services and funeral goods selected by the 

purchaser; and (3) other funeral goods or services necessitated by 

any legal, cemetery, or crematory requirements described in writing 

on Ross-Clayton’s statement of funeral goods and services a 

customer has selected; or

I. Any other provision of the Funeral Rule; provided however, that 

pursuant to 16 C.F.R. § 453.4(b)(2)(ii), Ross-Clayton is not required 

to comply with a request for a combination of funeral goods or 

services that would be impossible, impractical, or excessively 

burdensome to provide.

III. DECREE ACKNOWLEDGEMENTS

IT IS FURTHER ORDERED that Ross-Clayton obtain acknowledgments of receipt 

of this Decree as follows: 

A. Within seven (7) calendar days of entry of this Decree, Ross-Clayton 

must submit to the FTC an acknowledgment of receipt of this Decree

sworn under penalty of perjury.

B. For three (3) years after entry of this Decree, Ross-Clayton must 

deliver a copy of this Decree to: (1) all principals, officers, directors, 

and LLC managers and members; (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 below in the Section IV of the Decree

titled “COMPLIANCE REPORTING”. Delivery must occur within seven 

(7) calendar days of entry of this Decree for current personnel. For all 

others, delivery must occur before they assume their responsibilities.

C. From each individual or entity to which Ross-Clayton delivers a copy 

of this Decree, Ross-Clayton must obtain, within thirty (30) calendar 

days, a signed and dated acknowledgment. 

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IV. COMPLIANCE REPORTING

IT IS FURTHER ORDERED that Ross-Clayton shall make timely submissions to 

the FTC, as follows: 

A. One year after entry of this Decree, Ross-Clayton must submit a 

compliance report (“Report”), sworn under penalty of perjury. In the 

Report, Ross-Clayton must: (1) identify the primary physical, postal, 

and email address and telephone number, as designated points of 

contact, which representatives of the FTC may use to communicate; 

(2) identify all of Ross-Clayton’s businesses by all of their names, 

telephone numbers, and physical, postal, email, and Internet 

addresses; (3) describe the activities of each business, including the 

goods and services offered, the means of advertising, marketing, 

and sales; (4) describe in detail whether and how Ross-Clayton is in 

compliance with each section of this Decree; and (5) provide a copy 

of each Decree Acknowledgment obtained pursuant to this Decree, 

unless previously submitted to the FTC. 

B. For three (3) years after entry of this Decree, Ross-Clayton must 

submit a compliance notice (“Notice”), sworn under penalty of 

perjury, within fourteen (14) calendar days of any change in: (1) any 

designated point of contact; or (2) the structure of Ross-Clayton or

the structure of any entity that Ross-Clayton has any ownership 

interest in or controls directly or indirectly that may affect compliance 

obligations arising under this Decree. A change in structure includes, 

but is not limited to: creation, merger, sale, or dissolution of the entity 

or any subsidiary, parent, or affiliate that engages in any acts or 

practices subject to this Decree. 

C. Ross-Clayton must submit to the FTC notice of the filing of any 

bankruptcy petition, insolvency proceeding, or similar proceeding by 

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or against Ross-Clayton within fourteen (14) calendar days of its 

filing.

D. Any submission to the FTC required by this Decree to be sworn 

under penalty of perjury must be true and accurate and comply with 

28 U.S.C. § 1746, such as by concluding: “I declare under penalty of 

perjury 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 representative of the FTC in writing, 

all submissions to the FTC pursuant to this Decree: (1) must provide 

a subject line that begins: “FTC v. Ross-Clayton Funeral Home, Inc., 

No. X140007”; and (2) must either be emailed to DEbrief@ftc.gov or 

sent by overnight 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

V. RECORDKEEPING

IT IS FURTHER ORDERED that Ross-Clayton must create certain records for 

three (3) years after entry of this Decree and must retain each such created record for 

five (5) years. Specifically, Ross-Clayton, for any business that has sold or offered to sell 

funeral goods or funeral services, must create and retain the following records:

A. accounting records showing the revenues from all goods or services 

sold;

B. personnel records showing, for each person providing services, 

whether as an employee or otherwise, that person’s: name, 

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addresses, 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 Decree, including all submissions to the FTC; and

F. a copy of each price list, contract, advertisement, and other 

marketing material for the sale or offer of funeral goods or funeral 

services. 

VI. COMPLIANCE MONITORING

IT IS FURTHER ORDERED, for the purpose of monitoring Ross-Clayton’s 

compliance with this Decree, including any failure to transfer any funds as required by 

this Decree, that:

A. Within fourteen (14) calendar days of receipt of a written request from 

a representative of the FTC, Ross-Clayton must: (1) submit 

additional compliance reports or other requested information, which 

must be sworn under penalty of perjury; (2) appear for depositions; 

and (3) produce documents for inspection and copying. 

B. Ross-Clayton must permit representatives of the FTC to interview 

any employee or other person affiliated with Ross-Clayton who has 

agreed to such an interview. The person interviewed may have 

counsel present.

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C. For matters concerning this Decree, the FTC may communicate 

directly with Ross-Clayton. 

D. The FTC also may 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.

E. The FTC may use all other lawful means, including posing, through 

its representatives as consumers, suppliers, or other individuals or 

entities, to Ross-Clayton or any individual or entity affiliated with 

Ross-Clayton, without the necessity of identification or prior notice. 

Nothing in this Decree limits the FTC’s lawful use of compulsory 

process, pursuant to Sections 9 and 20 of the FTC Act, 

15 U.S.C. §§ 49, 57b-1.

VII. RETENTION OF JURISDICTION

IT IS FURTHER ORDERED that this Court retains jurisdiction of this matter for 

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

DONE AND ORDERED in Chambers in Orlando, Florida, on June 22, 2016. 

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Copies:

Counsel of Record

U.S. Magistrate Judge 

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