Consumer complaint received 2018-03-05
Product: Debt collection — Other debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Forest Recovery Services LLC (NY)

I am disputing an erroneous debt collection letter from Forest Recovery Services, LLC XXXX XXXX XXXX XXXX, IL XXXX ( XXXX ) XXXX ( see enclosed ) in the amount of {$1600.00} on behalf of XXXX XXXX XXXX XXXX, a fraudulent company that is not licensed and has been sanctioned and ordered to cease and desist operations in numerous states due to fraudulent, illegal, unfair and deceptive consumer practices. 

XXXX XXXX, XXXX issued a fraudulent, illegal contract for the cremation service of my mom on XX/XX/XXXX, based on the deliberately deceptive pretense that they were a family-owned and operated, licensed funeral home and cremation provider '' in New Jersey. 

On its website, XXXX, XXXX XXXX, XXXX, represents itself to be locally owned, operated and licensed nationwide in all states. Owned and operated by XXXX XXXX XXXX and XXXX XXXX, XXXX, XXXX XXXX, XXXX is in fact not licensed in any state, nor is it an actual funeral home or cremation provider, but is instead a web-based marketing company that targets grieving families who have just lost a loved one in a nationwide scam that covertly subcontracts cremation services to a local funeral home. Essentially, XXXX XXXX XXXX, XXXX acts as a body broker. 

As such, I was defrauded by XXXX XXXX, XXXX, and will be filing complaints with the Federal Trade Commission and the New York and New Jersey Attorneys General accordingly. 

Cited below is a sample of various state actions taken against XXXX XXXX, XXXX, with relevant supported documentation enclosed in this complaint. 

In COLORADO : See enclosed documents. 

On XX/XX/XXXX, the Office of Funeral Home and Crematory Registration of the State of Colorado ordered a summary suspension against XXXX XXXX XXXX, XXXX dba XXXX XXXX XXXX and XXXX XXXX, Appointed Designee, also known as XXXX XXXX XXXX, and XXXX XXXX XXXX. 

XXXX XXXX XXXX, XXXX is owned and operated by XXXX XXXX and XXXX XXXX XXXX, also known as XXXX XXXX. The address of record for XXXX XXXX XXXX is XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX, CO, XXXX which is a virtual office. Respondents do not reside within the state of Colorado. 

Respondents are in the business of providing funeral goods or services to the public through their website XXXX. Respondents do not have appropriate equipment or personnel to provide funeral goods or services it contracts from its registered business address in XXXX XXXX, Colorado, as it is a virtual address. 

Respondent advertises that it is a licensed cremation provider and cremations are performed by licensed funeral directors. Respondent is not a Colorado crematory and does employ licensed funeral directors who are able to perform cremations in the state of Colorado. 

Respondent is using the advertising and/or its Colorado registration to conduct unlicensed funeral practice in several states including, but not limited to : Florida, Massachusetts, Tennessee, Alabama, Arkansas, Georgia, Virginia, California, Texas, and Wisconsin. A number of these states have either issued Cease & Desist orders or Advisory Notices to its consumers. Several others are conducting investigations. Approximately 30 complaints have been registered with the Federal Trade Commission. 

The Director found objective and reasonable grounds to believe that the public health, safety, or welfare required emergency action and/or the Respondent was guilty of multiple violations of the Mortuary Science Code, codified at Article 54, Title, C.R.S. 

Effective XX/XX/XXXX at XXXX XXXX, the registration to practice as a funeral establishment in the state of Colorado of XXXX XXXX XXXX, XXXX was summarily suspended pursuant to section 24-4-104 ( 4 ), C.R.S., pending proceedings to determine whether the Respondent 's registration to practice as a funeral establishment should be further disciplined in accordance with section 12-54-401, C.R.S. 

On XX/XX/XXXX in a Final Agency Order, the State of Colorado ordered XXXX XXXX XXXX, XXXX to immediately Cease & Desist and refrain from any further acts for which a registration to practice as a funeral establishment by the laws of the state of Colorado. 

In FLORIDA : See enclosed documents. 

On XX/XX/XXXX an immediate final order was filed on XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX XXXX, XXXX XXXX ( XXXX. ) XXXX, and XXXX XXXX. XXXX XXXX XXXX and XXXX XXXX XXXX conducted funeral-related services in the state of Florida without possessing a valid Florida license. On XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX XXXX and/or Legacy provided false and fraudulent documentation purporting to imply that XXXX was licensed and authorized in Florida to receive and handle human remains for cremation. 

Pursuant to Florida Statutes an unlicensed person shall be presumed to be an irreparable harm to the public health, safety, and welfare. Funeral establishment directors and embalmers are called upon to provide their services to citizens at a time when the citizens are most vulnerable, immediately following the death of a loved one. 

It was ordered that XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX, XXXX XXXX ( XXXX ) XXXX, and XXXX XXXX are prohibited from and shall cease and desist immediately from selling or offering to sell funeral services, including direct disposition, on an at-need basis in Florida. From planning or arranging the details of any funeral service, including direct disposition, with the family or any friends of the decedent or any other person responsible for the service in Florida. From making, negotiating, or completing the financial arrangements for a funeral service, including direct disposition, on an at-need basis in Florida. From any use of any word, term, title, or picture that would imply that it engaged in the practice of funeral directing, including direct disposition, or that it is holding itself out to the public as being engaged in the practice of a funeral establishment, including direct disposition in Florida. From, engaging in any financial dealings with funeral home customers that involve the collection of monies or the determination of funeral expenses, including direct disposition expenses in Florida. Finally, from holding themselves out to the people of this state through an internet web site to be licensed funeral establishments and licensed direct disposition. 

In GEORGIA : For a copy of the full Assurance of Voluntary Compliance contact : The Superior Court of XXXX County, Georgia, Reference : Civil Action File : XXXX On XX/XX/XXXX, XXXX XXXX XXXX, XXXX dba XXXX XXXX XXXX, XXXX, XXXX XXXX ( Owner ), and XXXX XXXX XXXX ( Manager/Operator ), individually, entered an Assurance of Voluntary Compliance ( AVC ) with the Attorney General of the State of Georgia pursuant to O.C.G.A. Sections 10-1-390 et seq., of the Fair Business Practices Act ( FBPA ). This is the Final Action. 

XXXX and XXXX, Respondents XXXX XXXX ( Owner ) and XXXX XXXX XXXX ( Manager/Operator ) are now and have been for a period engaged in consumer or consumer acts or practices in the conduct of trade or commerce in part or wholly within the state of Georgia. XXXX XXXX XXXX and its dba XXXX XXXX XXXX are registered with the Colorado Secretary of State in good standing. 

The Attorney General contends that Respondents, XXXX XXXX and XXXX XXXX XXXX have used unfair or deceptive acts or practices in conduct of consumer transactions and consumer acts or practices in trade or commerce. 

According to the Voluntary Compliance ( AVC ), Respondents shall immediately cease and refrain from engaging in any business practices with respect to consumers including but not limited to practicing funeral directing, that requires licensing by the Georgia Board of Funeral Services as set force in O.C.G.A. 43-18-1 et seq. unless or until they obtain the required licensing. Respondents must also comply with all disclosure requirements set forth in the Funeral Rule ( a statute under the Federal Trade Commission Act ), specifically 16 C.F.R. 453.2 requiring complete and accurate 1 ) disclosures to consumers who ask by telephone about their offerings and prices, 2 ) disclosures in the required general price list, and 3 )  disclosures in the required statement of funeral goods and services selected, with respect to pricing disclosures and " cash advance '' items. 

In addition to the Assurance of Voluntary Compliance, Respondents XXXX XXXX and XXXX XXXX XXXX agreed to notify CPU in writing of any change in the name of XXXX or XXXX, including the use of any alias or fictitious names within thirty ( 30 ) days of the change in name or use of an alias or fictitious name. For a period of two ( 2 ) years they will notify CPU of their involvement with any other business offering funeral and/or cremation services to consumers.