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KIM POWERS v JOE HARRIS Click to find out why . . .



Keywords & Phrases
CaseNo: KPVJH118512, CourtName: MISC 3, Plaintiff: KIM POWERS, State: OK Oklahoma, UniqueCaseRef: LCD>KPVJH118512, Funerals, Consumers, Funeral Rule, Casket, Funeral Directors, Oklahoma, Ftc, Oklahoma State Board, Funeral Providers, Funeral Goods, Price, Regulations, Consumer Protection, Competition, Commission, Consumer Protection Goals, Funeral Merchandise, Craigmiles, Pennsylvania Funeral Directors, Statutes, Fsla, Funeral Homes, Okla, Funeral Industry, Third-party Casket Sellers, Protect Consumers, Sell Funeral Goods, Inaccurate, Funeral Establishments , ContentID: 120253770

Case Documents
1 2002-08-29 AMICUS BRIEF
[ see first page and extracted highlights below  ] ItemID: 130165
16 pages
PDF
Total Documents: 1 document , 16 pages
Price: $ 19.95


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1 . AMICUS BRIEF

EXTRACTED KEY WORDS
CONSUMERS
FUNERAL RULE
CASKET
FUNERAL DIRECTORS
OKLAHOMA
FTC
OKLAHOMA STATE BOARD
COURT
FUNERAL PROVIDERS
FUNERAL GOODS
PRICE
REGULATIONS
CONSUMER PROTECTION
COMPETITION
COMMISSION
CONSUMER PROTECTION GOALS
FUNERAL MERCHANDISE
CRAIGMILES
PENNSYLVANIA FUNERAL DIRECTORS
STATUTES
FSLA
FUNERAL HOMES
OKLA
FUNERAL INDUSTRY
THIRD-PARTY CASKET SELLERS
PROTECT CONSUMERS
SELL FUNERAL GOODS
INACCURATE
FUNERAL ESTABLISHMENTS
                                                 UNITED STATES DISTRICT COURT
                                       FOR THE WESTERN DISTRICT OF OKLAHOMA

1. KIM POWERS, 2. DENNIS BRIDGES, and                                               )
3. MEMORIAL CONCEPTS ONLINE, INC.,                                                                 
                                                                                                   
                                                            Plaintiffs,                            
            v.                                                                                     
                                                                                                   
1. JOE HARRIS, in his official capacity as President of                             )
the Oklahoma State Board of Embalmers and Funeral                                                  
Directors; 2. JOHN SHONKWILER, in his official capacity                                            
as Secretary of the Oklahoma State Board of Embalmers                                              
and Funeral Directors; 3. CHARLES BROWN, in his official                                           
capacity as a Member of the Oklahoma State Board of                                                
Embalmers and Funeral Directors; 4. TERRY CLARK, in his                                            
official capacity as a Member of the Oklahoma State Board                                          
of Embalmers and Funeral Directors; 5. CHRIS                                                       
CRADDOCK, his official capacity as a Member of the                                  )
Oklahoma State Board of Embalmers and Funeral                                                      
Directors; 6. KEITH STUMPFF, in his official capacity as a                                         
Member of the Oklahoma State Board of Embalmers and                                                
Funeral Directors; and 7. SCOTT SMITH, in his official                              )
capacity as a Member of the Oklahoma State Board of                                                
Embalmers and Funeral Directors,                                                                   
                                                                                                   
                                                            Defendants.                            
                                                                                                   


                                        MEMORANDUM OF LAW OF AMICUS CURIAE
                                                THE FEDERAL TRADE COMMISSION



                                                                                                   
                                                                                                   

                                                                                                   
                                                                                                   

                                                                                                   
                                                                                                   
                                                                                                   

                                                                                                   
                                                                                                   
                                                                                                   
            August 29, 2002                                                                        
SNIPPETS:
  • FTC v. Superior Court Trial Lawyers Ass'n
  • Pennsylvania Funeral Directors Ass'n v. FTC
  • FEDERAL REGULATIONS
  • OKLAHOMA STATUTES
  • OKLA.
  • Plaintiffs Kim Powers, Dennis Bridges, and Memorial Concepts On-Line, Inc. ­ sellers of
  • The Board, which is represented by the Assistant Attorney General of Oklahoma, defends, inter
  • In particular, the Board asserts that the FTC's Funeral Industry Practices Rule,1 which was
  • The FTC's experience with the funeral industry through its Funeral Rule and through numerous
  • While the Commission does not take a position on whether the FSLA ultimately violates the
  • The fundamental purpose of the Rule is to protect consumers by giving them full information
  • Rather than protect consumers by exposing funeral directors to meaningful competition, the
  • The Funeral Rule operates by requiring funeral providers to give consumers important
  • In 1999, for example, the Commission secured a consent decree with Service Corporation
  • These practices included requiring consumers to purchase pre-packaged funerals by bundling
  • The Funeral Rule addresses these practices by articulating that in "selling or offering to
  • 10 Pennsylvania Funeral Directors Ass'n v. FTC, 41 F.3d 81, 83 (3d Cir.
  • It defines a funeral director as someone who, among other things "sells funeral service uneral establishments and required to be listed on the General Price List of the Federal Trade
  • The defendants' characterization of the Funeral Rule is inaccurate
  • Thus, a place of business used for the retail sale or display of funeral merchandise, such as
  • The FSLA furthers the consumer protection goals of the FTC's Funeral Rule by preventing
  • See, e.g., Craigmiles v. Giles, 110 F. Supp.2d 658, 663 (E.D. Tenn.
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