Losing a loved one is an emotional and stressful time, and unfortunately, some businesses take advantage of grieving families through cemetery scams and unethical burial practices. In this guide, we’ll discuss common cemetery scams, legal protections, and how to avoid falling victim to fraud. If you’re searching for information on cemetery fraud, burial scams, funeral home scams, or prepaid funeral plan scams, this article will help you navigate these issues with confidence.
Common Cemetery Scams to Watch Out For
1. Bait-and-Switch Pricing
Some cemeteries lure families in with low burial plot prices, only to inflate costs later with hidden fees, unnecessary add-ons, or mandatory maintenance charges.
2. Prepaid Burial Plan Scams
Many people prepay for burial plots and funeral services to ease the financial burden on their families. However, some cemeteries mismanage or even embezzle these funds, leaving families without the promised services when the time comes.
3. Double Selling Burial Plots
In some cases, a cemetery will sell the same plot to multiple families, leading to distressing legal disputes over burial rights.
4. Illegal Disinterment and Plot Reuse
Some cemeteries have been caught secretly removing remains and reselling plots without informing the deceased’s family, a highly unethical and illegal practice.
5. High-Pressure Sales Tactics
Sales representatives may push families into purchasing unnecessary vaults, headstones, or perpetual care packages, inflating the final cost of burial.
6. Neglected Cemetery Maintenance
Despite charging families for perpetual care, some cemeteries fail to maintain their grounds, leading to overgrown grass, damaged headstones, and poor upkeep.
Legal Protections for Consumers
Families impacted by cemetery scams have legal options. Understanding these rights can help you take action if you’ve been a victim of fraud.
- The Funeral Rule (FTC Regulation): The Federal Trade Commission (FTC) enforces The Funeral Rule, which requires funeral providers to disclose pricing upfront and prohibits deceptive sales practices.
- State Cemetery Laws: Every state has its own cemetery regulations, often overseen by consumer protection agencies or cemetery boards. These laws govern burial rights, prepaid funeral plans, and cemetery maintenance.
- Breach of Contract Lawsuits: If a cemetery fails to fulfill its obligations, families may sue for breach of contract and seek financial compensation.
- Consumer Fraud and Protection Laws: Families can report fraudulent activities to their state’s consumer protection agency or take legal action under fraud statutes.
- Class Action Lawsuits: If multiple families have been scammed, they may be able to file a class action lawsuit against cemeteries engaging in deceptive practices.
How to Avoid Cemetery Scams
Here are some essential tips to protect yourself from burial and funeral scams:
- Research the Cemetery: Look for online reviews, complaints, and verify the cemetery’s licensing and reputation before purchasing a plot or a prepaid funeral plan.
- Get a Written Contract: Always request a detailed, itemized contract and review it carefully before signing.
- Verify Financial Trust Accounts: Ensure prepaid burial funds are secured in a trust and not at risk of mismanagement.
- Consult a Lawyer: If you suspect a scam, seek legal assistance for cemetery fraud to understand your rights.
- Report Suspicious Activity: If you encounter funeral home fraud or cemetery scams, file complaints with the FTC, state cemetery boards, or consumer protection agencies.
Final Thoughts
Cemeteries should be places of peace and remembrance, but unethical practices within the industry can cause families unnecessary distress. By staying informed and taking proactive steps, you can avoid cemetery fraud, funeral scams, and burial plot scams while ensuring your loved ones receive the dignity they deserve. If you or someone you know has been affected by a cemetery scam, fill out the form on this page.
Disclaimer: The information provided in this blog post is for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship between you and Sauder Schelkopf. Laws vary by jurisdiction, and the application of law depends on individual circumstances. You should not act or rely on any information in this post without seeking professional legal counsel. If you need legal assistance, please contact a qualified attorney to discuss your specific situation.