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UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO.: 22-60779-CIV-SMITH 

UNITED STATES OF AMERICA, 

Plaintiff, 

v. 

FUNERAL & CREMATION GROUP 

OF NORTH AMERICA, LLC, a Delaware 

limited liability company, et al., 

Defendants. 

/ 

STIPULATED ORDER FOR 

PERMANENT INJUNCTION AND MONETARY JUDGMENTS 

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

Attorney General by the Federal Trade Commission (“Commission” or “FTC”), filed its Complaint 

for Permanent Injunction, Civil Penalties, Monetary Relief, and Other Relief (“Complaint”) in this 

matter, pursuant to Sections 5(m)(1)(A), 13(b), 16(a)(1), and 19 of the Federal Trade Commission 

Act (“FTC Act”), 15 U.S.C. §§ 45(m)(1)(A), 53(b), 56(a)(1), 57b, and the Commission’s Trade 

Regulation Rule Concerning Funeral Industry Practices (“Funeral Rule”), 16 C.F.R. Part 453. 

Defendants have waived service of the summons and the Complaint. Plaintiff and Defendants 

stipulate to the entry of this Stipulated Order for Permanent Injunction and Monetary and Civil 

Penalty Judgment (“Order”) to resolve all matters in dispute in this action between them. 

Therefore, it is ORDERED as follows: 

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FINDINGS 

1. This Court has jurisdiction over this matter. 

2. The Complaint charges that Defendants participated in deceptive and unfair acts or 

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

connection with the advertising, marketing, distribution, offering for sale, or sale of Funeral Goods 

and Services. 

3. Defendants neither admit nor deny any of the allegations in the Complaint, except 

as specifically stated in this Order. Only for purposes of this action, Defendants admit the facts 

necessary to establish jurisdiction. However, the facts alleged in the Complaint will be taken as 

true, without further proof, in any subsequent civil litigation by or on behalf of the Commission to 

enforce its rights under this Order, including its rights to any payment or monetary judgment 

pursuant to this Order. 

4. The facts alleged in the Complaint establish all elements necessary to sustain an 

action by the Commission pursuant to Section 523(a)(2)(A) of the Bankruptcy Code, 11 U.S.C. 

§ 523(a)(2)(A), and this Order will have collateral estoppel effect for such purposes. 

5. Defendants waive any claim that they 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 Order, and 

agree to bear their own costs and attorney fees. 

6. Defendants and Plaintiff waive all rights to appeal or otherwise challenge or contest 

the validity of this Order. 

DEFINITIONS 

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

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A. “Alternative Container” is an unfinished wood box or other non-metal receptacle 

or enclosure, without ornamentation or a fixed interior lining, which is designed for the encasement 

of human remains and which is made of fiberboard, pressed-wood, composition materials (with or 

without an outside covering) or like materials. 

B. “Cash Advance Item(s)” means any item of service or merchandise described to a 

purchaser as a “cash advance,” “accommodation,” “cash disbursement,” or similar term. A Cash 

Advance Item is also any item obtained from a third party and paid for by the Funeral Provider on 

the purchaser’s behalf. Cash Advance Items may include but are not limited to: fees charged by a 

cemetery or crematory for services; pallbearers; public transportation; clergy honoraria; flowers; 

musicians or singers; nurses; obituary notices; gratuities; and death certificates. 

C. “Clear(ly) and conspicuous(ly)” means that a required disclosure is difficult to 

miss (i.e., easily noticeable) and easily understandable by ordinary consumers, including in all of 

the following ways: 

1. In any communication that is solely visual or solely audible, the disclosure must be 

made through the same means through which the communication is presented. In any 

communication made through both visual and audible means, such as a television advertisement, 

the disclosure must be presented simultaneously in both the visual and audible portions of the 

communication even if the representation requiring the disclosure is made in only one means. 

2. 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. 

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3. An audible disclosure, including by telephone or streaming video, must be delivered 

in a volume, speed, and cadence sufficient for ordinary consumers to easily hear and understand it. 

4. In any communication using an interactive electronic medium, such as the Internet 

or software, the disclosure must be unavoidable. 

5. The disclosure must use diction and syntax understandable to ordinary consumers 

and must appear in each language in which the representation that requires the disclosure appears. 

6. The disclosure must comply with these requirements in each medium through which 

it is received, including all electronic devices and face-to-face communications. 

7. The disclosure must not be contradicted or mitigated by, or inconsistent with, 

anything else in the communication. 

8. 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. 

D. “Defendants” means the individual defendant Anthony Joseph Damiano, also 

known as AJ Damiano, AJ Styles, or AJ Mahoney, and the Corporate Defendants, individually, 

collectively, or in any combination. 

E. “Corporate Defendants” means Legacy Funeral Services, LLC also doing business 

as Heritage Cremation Provider, Evergreen Funeral Home and Crematory, and Carolina Central 

Crematory, and its successors and assigns; and Funeral & Cremation Group of North America, 

LLC, and their successors and assigns. 

F. “Funeral Goods” means the goods which are sold or offered for sale directly to the 

public for use in connection with Funeral Services. 

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G. “Funeral Provider” means any person, partnership or corporation that sells or 

offers to sell Funeral Goods and Funeral Services to the public. 

H. “Funeral Rule” means the Trade Regulation Rule Concerning Funeral Industry 

Practices issued by the FTC, 16 C.F.R. Part 453. A copy of the Funeral Rule is attached to this 

Order as Attachment A. 

I. “Funeral Services” means any services that may be used to care for and prepare 

deceased human bodies for burial, cremation or other final disposition, and arrange, supervise or 

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

J. “General Price List” means a written price list for funeral goods and services, 

which is in accordance with the Funeral Rule, including 16 C.F.R. 453.2(b)(4) and the required 

price and other disclosures for such a list. 

K. “Landing Page” means the first webpage a consumer sees upon reaching any of 

Defendants’ Websites. 

L. “Statement of Funeral Goods and Services” means an itemized written statement 

given for retention to each person who arranges a funeral or other disposition of human remains, at 

the conclusion of the discussion of arrangements, which must contain the Funeral Goods and 

Services selected and the prices for each, itemized Cash Advance Items, and total cost of the Funeral 

Goods and Services selected. 

M. “Websites” means legacycremationservices.com and 

heritagecremationprovider.com, and any other website owned, operated, or controlled partially or 

wholly by any of the Defendants that is involved in the sale of goods or services. 

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ORDER 

I. PROHIBITION AGAINST MISREPRESENTATIONS 

It is ORDERED that Defendants, Defendants’ officers, agents, employees, and attorneys, 

and all other persons in active concert or participation with any of them, who receive actual notice 

of this Order, whether acting directly or indirectly, in connection with promoting or offering for 

sale any good or service, or in connection with arranging or contracting with a Funeral Provider for 

goods or services, are permanently restrained and enjoined from misrepresenting or assisting others 

in misrepresenting, expressly or by implication: 

A. The identity, nature, location or scope of Defendants’ business operations, goods or 

services, or business premises, including whether Defendants provide goods or services directly or 

arrange or contract with others for the goods or services they offer; 

B. The location or identity of the company or individual providing each good or service 

sold or offered for sale by Defendants; 

C. The nature of Defendants’ affiliation with the company or person involved in 

providing or assisting with the provision of each good or service; 

D. The cost of each good or service requested by the consumer or required to be 

purchased by the consumer; 

E. The total cost to purchase, receive, or use goods or services, and the goods and 

services included in the total cost; or 

F. Any other fact material to consumers concerning goods or services. 

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II. MANDATORY DISCLOSURE OF MATERIAL INFORMATION RELATING TO 

THE MARKETING AND SALE OF GOODS OR SERVICES 

It is further ORDERED that Defendants, Defendants’ officers, agents, employees, and 

attorneys, and all other persons in active concert or participation with any of them, who receive 

actual notice of this Order, whether acting directly or indirectly, in connection with the advertising, 

marketing, promotion, offering for sale, or sale of any Funeral Goods or Services, are permanently 

restrained and enjoined from: 

A. Failing to disclose, Clearly and Conspicuously, on the Landing Page of any of the 

Websites: 

1. The actual physical location of Defendants’ business premises, including but not 

limited to the geographic location of Defendants’ funeral homes, crematories, or cemeteries; 

2. That Defendants arrange for all or part of the goods and services requested by the 

consumer to be provided by a Funeral Provider that is not directly or indirectly owned or controlled 

by Defendants, when such is true; and 

3. A link to a General Price List. 

B. Failing to disclose, Clearly and Conspicuously, during Defendants’ first 

communication by telephone or electronic means with a consumer the information required to be 

disclosed under Section II.A.1-2 (directly above), and such disclosure must be made prior to any 

discussion about the cost of any Funeral Good or Service. 

C. Failing to give a General Price List to any consumer communicating with 

Defendants by telephone or electronic means about any Funeral Good or Service that Defendants 

offer to sell or arrange, during or immediately after the first such communication, and such General 

Price List must be given prior to any discussion about the cost of any Funeral Good or Service. 

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Provided, however, that Defendants may provide the information by Clearly and Conspicuously 

directing the consumer to the General Price List on the Websites or sending an electronic copy of 

the General Price List to the consumer via email, text, or other electronic means available to that 

consumer. 

D. Failing to disclose, Clearly and Conspicuously, by telephone or electronic means, 

upon request by the consumer for pricing information for Funeral Goods or Services, the total cost 

of such Funeral Goods or Services, provided that until selection by Defendant of a Funeral Provider 

to provide Funeral Goods or Services to a consumer, the Defendant may give an estimated price of 

Cash Advance Items if the exact price is not known, as long as the Defendant specifically identifies 

any additional Cash Advance Item that may be added to the total cost, provides a good faith estimate 

for any such Cash Advance Item, and states that the amount is an estimate. The total cost must 

include, to the extent applicable: 

1. Additional fees, including crematory fees or state or county permit fees; and 

2. Required purchases, including Alternative Containers. 

E. Failing to disclose, Clearly and Conspicuously, by telephone and electronic means, 

the name, geographic location, and contact information for any Funeral Provider selected by a 

Defendant to provide Funeral Goods or Services to a consumer, immediately upon selection of such 

Funeral Provider. 

F. For any sale, before obtaining payment information from the consumer, failing to 

provide the consumer with a Statement of Funeral Goods and Services that includes the Funeral 

Goods and Services selected by the consumer, the prices to be paid for each of them, and the total 

cost of the Funeral Goods and Services selected by the consumer. 

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III. PROHIBITION AGAINST UNFAIR PRACTICES RELATED TO THE PROVISION 

OF GOODS AND SERVICES 

It is further ORDERED that Defendants are permanently restrained and enjoined from 

engaging in the following practices, whether acting directly or indirectly: 

A. Failing to return or threatening not to return to consumers, or withholding 

information about the location of, the cremated remains or the body of a deceased human being; or 

B. Assisting or instructing any company or person to delay returning to, or withhold 

from, consumers the cremated remains or the body of a deceased human being. 

IV. INJUNCTION CONCERNING FUNERAL GOODS AND SERVICES 

It is further ORDERED that Defendants and Defendants’ officers, agents, employees, and 

attorneys, and all other persons in active concert or participation with any of them, who receive 

actual notice of this Order, whether acting directly or indirectly, in connection with the sale of any 

Funeral Good or Service are hereby permanently restrained and enjoined from: 

A. Failing to provide any consumer who inquires by telephone or electronic means 

about offerings or prices, with accurate information from Defendants’ price lists and any other 

readily available information that reasonably answers the consumer’s question; 

B. Failing to disclose on a Statement of Funeral Goods and Services that the price 

charged for Cash Advance Items may not be the same as the cost to Defendants, if true; and 

C. Violating the Funeral Rule. 

V. MONETARY JUDGMENTS 

It is further ORDERED that: 

A. Judgment in the amount of Two Hundred Seventy-Five Thousand Dollars 

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($275,000) is entered in favor of Plaintiff against Defendant Damiano and Corporate Defendants, 

jointly and severally, as a civil penalty. 

B. Defendants relinquish dominion and all legal and equitable right, title, and interest 

in all assets transferred pursuant to this Order and may not seek the return of any assets. 

C. Defendants shall pay to Plaintiff, the total amount of Two Hundred Seventy-Five 

Thousand Dollars ($275,000) (“Civil Penalty”), by making payment to the Treasurer of the United 

States, according to the following schedule: 

1. Defendants shall pay such Civil Penalty in equal monthly payment installments not 

to exceed twenty-four (24) months. 

2. Defendants shall pay the first payment installment of Eleven Thousand Four 

Hundred Fifty-Eight Dollars and Thirty-Three cents ($11,458.33) to Plaintiff on or before January 

15, 2023. 

3. Defendants shall pay remaining the monthly installments each of Eleven Thousand 

Four Hundred Fifty-Eight Dollars and Thirty-Three cents ($11,458.33), on or before each of the 

following dates: 

a. February 15, 2023; 

b. March 15, 2023; 

c. April 15, 2023; 

d. May 15, 2023; 

e. June 15, 2023; 

f. July 15, 2023; 

g. August 15, 2023; 

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h. September 15, 2023; 

i. October 15, 2023; 

j. November 15, 2023; 

k. December 15, 2023; 

l. January 15, 2024; 

m. February 15, 2024; 

n. March 15, 2024; 

o. April 15, 2024; 

p. May 15, 2024; 

q. June 15, 2024; 

r. July 15, 2024; 

s. August 15, 2024; 

t. September 15, 2024; 

u. October 15, 2024; 

v. November 15, 2024; and 

w. December 15, 2024. 

4. Defendants shall place the first payment installment of the Civil Penalty in escrow 

as of the date this Stipulated Order For Permanent Injunction And Monetary Judgments is signed 

by Defendants, and on that date shall provide to Plaintiff a certification by Defendants' counsel 

that funds have been placed in escrow. 

5. Each installment payment of the Civil Penalty must be made by electronic fund 

transfer in accordance with instructions previously provided by a representative of Plaintiff. 

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6. Written confirmation of the transfer shall be delivered via email to Wandaly 

Fernandez Garcia, Trial Attorney, Consumer Protection Branch, U.S. Department of Justice at 

wandaly.e.fernandez.garcia@usdoj.gov. 

D. Defendants may prepay at any time, and without penalty, the remaining balance, or 

any part thereof, of the Two Hundred Seventy-Five Thousand Dollars ($275,000.00) owed under 

this Order. Any such prepayment made prior to an installment due date shall be credited as if made 

on the next installment due date, and Defendants shall be relieved of making any further payments 

on the installment due date for any prepayments to the extent of such prepayment. Nothing herein 

shall be construed to relieve Defendants of their obligation to make timely payment for any 

installments as they become due, which have not otherwise fully been paid in advance. 

E. Defendants agree that their payment of the Civil Penalty to the United States is not 

compensation for actual pecuniary loss and is not subject to discharge under the Bankruptcy Code 

pursuant to 11 U.S.C. § 523(a)(7). 

F. If the Defendants default on their installment payments of the Civil Penalty, the 

entire remaining amount of the Civil Penalty shall immediately become due. 

G. Defendants acknowledge that their Taxpayer Identification Numbers (Social 

Security Numbers or Employer Identification Numbers), which Defendants must submit to the 

Commission, may be used for collecting and reporting on any delinquent amount arising out of 

this Order, in accordance with 31 U.S.C. §7701. 

VIII. ORDER ACKNOWLEDGMENTS 

It is further ORDERED that Defendants obtain the following acknowledgments of receipt 

of this Order: 

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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, the Defendant Damiano for any business that 

he, individually or collectively with any other Defendants, is the majority owner or controls 

directly or indirectly, and each Corporate Defendant, must deliver a copy of this Order to: (1) all 

principals, officers, directors, and LLC managers and members; (2) all employees having 

responsibilities for conduct related to the subject matter of the Order and all agents and 

representatives who participate in conduct related to the subject matter of the Order; 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. For 

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. 

IX. 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 perjury: 

1. Each Defendant must: (a) identify the primary physical, postal, and email address 

and telephone number, as designated points of contact, which representatives of the Commission 

and Plaintiff 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 

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addresses; (c) describe the activities of each business, including the goods and services offered, 

the means of advertising, marketing, and sales, and the involvement of any other Defendant (which 

Defendant Damiano must describe if he knows or should know due to his 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 the Commission. 

2. Additionally, Defendant Damiano must: (a) identify all telephone numbers and all 

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

business activities, including any business for which Defendant Damiano performs services 

whether as an employee or otherwise and any entity in which Defendant Damiano has any 

ownership interest; and (c) describe in detail Defendant Damiano’s involvement in each such 

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

B. For 20 years after 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 any Corporate Defendant or any entity that Defendant has any ownership 

interest in or controls directly or indirectly 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, Defendant Damiano must report any change in: (a) name, including 

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

any business for which Defendant Damiano performs services whether as an employee or 

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otherwise and any entity in which Defendant Damiano has any ownership interest, and identify 

the name, physical address, and any Internet address of the business or entity. 

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

bankruptcy petition, insolvency proceeding, or 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 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 Commission representative in writing, all 

submissions to the Commission pursuant to this Order must 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. The subject line must begin: FTC v. Legacy Funeral Services. 

X. RECORD KEEPING 

It is further ORDERED that Defendants must create the records outlined below for 20 years 

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

and Defendant Damiano for any business that Defendant Damiano, individually or collectively with 

any other Defendants, is a majority owner or controls directly or indirectly, must create and retain 

the following records: 

A. Accounting records showing the revenues from all goods or services sold; 

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B. Personnel records showing, for each person providing services, whether as an 

employee or otherwise, that person’s: name; addresses; telephone numbers; job title or position; 

dates of service; and (if applicable) the reason for termination; 

C. Records of all consumer complaints and refund requests, whether received directly 

or indirectly, such as through a third party, and any response thereto; 

D. All records necessary to demonstrate full compliance with each provision of this 

Order, including all submissions to the Commission; and 

E. A copy of each unique advertisement or other marketing material. 

XI. 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 14 days of receipt of a written request from a representative of the 

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

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

produce documents for inspection and copying. The Commission and Plaintiff 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, the Commission and Plaintiff are authorized to 

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

Commission and Plaintiff 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. 

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C. The Commission and Plaintiff 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 of the FTC Act, 15 U.S.C. §§ 49, 57b-1. 

D. Upon written request from a representative of the Commission or Plaintiff, any 

consumer reporting agency must furnish consumer reports concerning Defendant Damiano, 

pursuant to Section 604(1) of the Fair Credit Reporting Act, 15 U.S.C. §1681b(a)(1). 

XII. RETENTION OF JURISDICTION 

It is further ORDERED that this Court retains jurisdiction of this matter for purposes of 

construction, modification, and enforcement of this Order until December 31, 2024. 

DONE AND ORDERED in Fort Lauderdale, Florida, this 6th day of April 2023. 

cc Counsel of Record 

 

RODNEY 

&~ 

SMITH 

UNITED ST A TES DISTRICT JUDGE 

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