Bereaved Consumer's Bill of Rights Act of 2010

Bill: 111-hr-3655
Sponsor: Rep. Rush, Bobby L. [D-IL-1]
Introduced: 2009-09-25 in the House
Policy area: Commerce
Subjects: Administrative law and regulatory procedures
Business records
Civil actions and liability
Consumer affairs
Contracts and agency
Federal Trade Commission (FTC)

Summary:
action_date: 2009-09-25
text: 
Bereaved Consumer's Bill of Rights Act of 2009 - Requires the Federal Trade Commission (FTC) to prescribe rules prohibiting unfair or deceptive acts or practices in the provision of funeral goods or services. Includes among such rules requirements pertaining to: (1) costs and fees; (2) contract language and disclosures; (3) rules, regulations, and conditions of purchases; and (4) cemetery records. Makes the rules applicable to tax-exempt organizations, religious organizations, and states and political subdivisions.
 
Allows a state, as parens patriae, to bring a civil action on behalf of its residents in U.S. district court to enjoin an act or practice that violates an FTC rule issued under this Act, enforce compliance with the rule, or obtain other relief. Requires a state to provide notice to the FTC of any such action and gives the agency the right to intervene. Prohibits a state, during the pendency of an action instituted by or on behalf of the FTC, from instituting a civil action for violation of a rule against a defendant named in the agency's complaint.

action_date: 2010-12-07
text: 
 Bereaved Consumer's Bill of Rights Act of 2010 - Directs the Federal Trade Commission (FTC) to prescribe rules prohibiting unfair or deceptive acts or practices in the provision of funeral goods or services. Includes among such rules: (1) a requirement that price information be disclosed clearly and conspicuously; (2) a prohibition on misrepresentations or conditioning the provision of goods or services upon the purchase of other goods or services from the provider; (3) a requirement that any presale disclosures and contracts are written clearly, stating the merchandise, services, and prices and disclosing any penalties for canceling or transferring a contract; (4) a requirement that cemeteries provide to consumers all written rules and regulations of the cemetery and all material terms and conditions of purchase; and (5) a requirement that cemeteries retain all records in existence on the date of enactment of this Act and accurately record and retain records of interments, inurnments, or entombments.
 
Applies such rules to states or political subdivisions and tax-exempt organizations. Excludes cemeteries organized, operated, managed, and owned by a religious organization and that are not affiliated with a for-profit provider offering funeral goods and services for sale to the public.
 
 Gives standing to states to bring a civil action for violations of this Act.


Legislative actions:
action_date: 2010-12-07
text: Placed on the Union Calendar, Calendar No. 401.
action_date: 2010-12-07
text: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 111-672.
action_date: 2010-12-07
text: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 111-672.
action_date: 2010-07-21
text: Ordered to be Reported by Voice Vote.
action_date: 2010-07-21
text: Committee Consideration and Mark-up Session Held.
action_date: 2010-05-05
text: Committee Consideration and Mark-up Session Held.
action_date: 2010-03-24
text: Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote .
action_date: 2010-03-24
text: Subcommittee Consideration and Mark-up Session Held.
action_date: 2010-01-27
text: Subcommittee Hearings Held.
action_date: 2010-01-26
text: Subcommittee Hearings Held.
action_date: 2009-09-29
text: Referred to the Subcommittee on Commerce, Trade and Consumer Protection.
action_date: 2009-09-25
text: Referred to the House Committee on Energy and Commerce.
action_date: 2009-09-25
text: Introduced in House
action_date: 2009-09-25
text: Introduced in House