Barber Funeral Home

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IN THE MATTER OF ROBERT LEWIS WILKS D/B/AI BARBER FUNERAL HOME CONSENT ORDER, ETC. , IN REGARD TO ALLEGED VIOLATION OF SEC. 5 OF THE FEDERAL TRADE COMMISSION ACT Docket C-3267. Complaint, Oct. 1989-Decision, Oct. , 1989 This consent order prohibits, among other things, a Springfield, Tenn. funeral home director from doing business as a funeral service . provider, or from having any business relationship with any entity sellng or offering to sell funeral goods or services to the public.

Appearances For the Commission: Mamie Kresses and Lydia Parnes. For the respondent: Roberl M. Crawford Springfeld, Tn. COMPLANT Pursuant to the provisions of the Federal Trade Commission Act, as amended, 15 U. C. 45 et seq. and by virtue of the authority vested in it by said Act, the Federal Trade Commission, having reason to believe that respondent Robert Lewis Wilks, individually and doing business as Barber Funeral Home, hereinafter referred to as respondent, has violated the provisions of said Act, and it appearing to the Commission that proceeding by it in respect thereof would be in the public interest hereby issues its complaint, stating its charges as follows: PARAGRAPH 1. Respondent Robert Lewis Wilks was the owner and operator of the Barber Funeral Home, a sole proprietorship, in Springfeld, Tennessee. He is currently incarcerated at the Robertson County Jail, 500 Wilow Street, Springfeld, Tennessee. At all times relevant to this complaint, respondent, a licensed funeral director and embalmer in the states of Tennessee and Kentucky, has directed and controlled the business acts and practices of the Barber Funeral Home.

PAR. 2. Since at least 1968, respondent has been engaged in the business of selling caskets, vaults, and other funeral goods to customers making funeral arrangements.

PAR. 3. Since at least 1968, respondent has been engaged in the ..._ ROBERT LEW1:S WIL1i) JJ.uln...

526 Decision and Order business of sellng funeral services to his customers, such as funeral supervsion, care and preparation of the deceased for servces and burials and the burial or other final disposition of the bodies of the deceased.

PAR. 4. In the course and conduct of his business, respondent has engaged in the sale of funeral goods and services to consumers in Tennessee and Kentucky, and has thus maintained a . substantial course of trade in or affecting commerce as "commerce" is defined in Section 40f the FTC Act, 15 U. C. 44.

PAR. 5. In connection with the sale and provision of funeral goods and servces to consumers, respondent has represented to consumers directly or by implication, that he provides the caskets, burial vaults and servces selected and purchased by his customers. PAR. 6. In truth and in fact, in numerous instances since 1981 respondent buried deceased persons without the caskets or burial vaults selected and. purchased by . his customers. Therefore, respondent' s representations as set forth in paragraph five are false and misleading, and constitute unfair or deceptive acts or practices, in. or affecting commerce, in violation of Section 5 of the FTC Act. PAR. 7. In connection with the sale and provision of funeral goods and servces to consumers, respondent, in numerous instances, has desecrated the bodies and graves of the deceased by such actions as dumping trash into the caskets or graves, and buryng bodies without the caskets or burial vaults selected and purchased by his customers. PAR. 8. Respondent's acts and practices, as set forth in paragraph seven, have caused substantial consumer injury without offsetting benefits to consumers and competition, and cannot reasonably be avoided by consumers, and thus constitute unfair acts or practices, in or affecting commerce, in violation of Section 5 of the FTC Act. DECISION AN ORDER The Federal Trade Commission having initiated an investigation of certain acts and practices of the respondent, Robert Lewis Wilks, and the respondent having been furnished thereafr with a copy of a complaint which the Bureau of Consumer Protection proposed to present to the Commission for its consideration and which, if issued by the Commission, would charge respondent with violation of the Federal Trade Commission Act; and The respondent, its attorney, and counsel for the Commission 528 FEDERA TRADE COMMISSION DECISIONS Decision and Order 112 F. having thereafter executed an agreement containing a consent order an admission by the respondent of all of the jurisdictional facts set forth in the aforesaid complaint, a statement that the signing of said agreement is for settement purposes only and does not constitute an admission by respondent that the law has been violated as alleged in such complaint, waivers and other provisions as required by the Commission s Rules; and The Commission having thereafter considered the matter and having determined it had reason to believe that the respondent has violated the Federal Trade Commission Act, and that the complaint should issue stating its charges in that respect, and having thereupon accepted the executed consent agreement and placed such agreement on the public record for a period of sixty (60) days, pursuant to Section 2. 34 of its Rules, now in further conformity with the procedure prescribed in Section 2.34 of its Rules, the Commission hereby issues its complaint, makes the following jurisdictional findings, and enters the following order: (1) Robert Lewis Wilks ("Wilks ) is a resident of the State of Tennessee, with his current residence at the Robertson County Jail 500 Wilow Street, Springfeld, Tennessee.

(2) The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondent, and the proceeding is in the public interest.

ORDER PART I.

It is ordered That respondent Robert Lewis Wilks, individually and doing business as Barber Funeral Home, and respondent' s representatives, agents, employees, successors or assigns, directly or through any corporation, subsidiary, division or other device, shall forthwith cease and desist from transacting business as a funeral servce provider or having any affilation with any person or entity that sells or offers to sell funeral goods or servces to the public. PART II.

It is further ordered That for a period of ten (10) years from the date of service of this order or the date of respondent's release from incarceration, should he be convicted of any crimes charged in the ttUtlr.ttt lllll;: VVl.L;: UID/ft DftD!:I\ !' UHCO!\o J.V,,'J.J. 526 Decision and Order indictments presented by the State of Tennessee, whichever occurs later, respondent shall promptly notify the Commission of any change of name, residence, business address, occupation, place of business, or place of employment. Respondent's notification shall be made by submitting a report in writing, by certified mail, to the Federal Trade Commission, Bureau of Consumer Protection, 6th Street and Pennsylvania Avenue, N. , Washington, D.C. 20580 , or to such other address as the Commission or its designated staff shall by written notice require.

The expiration of this notice provision shall not affect any other provision of this order.

Complaint 112 F.