Don't Be Deceived by Slick Salespersons
Calls by telemarketers selling funerals are illegal. If you have been contacted by phone or by person suggesting you discuss funerals, you should communicate your complaint to the Virginia Board of Funeral Directors and Embalmers 1 800 533-1560 or the Virginia Cemetery Board Consumer Complaints 1 804 367-8504.
TO THOSE WHO WANT TO CONSIDER CHANGING FUNERAL HOME PRE ARRANGEMENTS
If you have purchased a funeral before need and you wish to change to another funeral home, you may freely do so at the time of death of the person named on the prepaid funeral contract. R. Hayden Smith Funeral Home and Berceuse Funeral and Cremation Traditions will provide the same funeral services and funeral merchandise that you have paid for at no additional cost to you if the money has been invested in compliance with Commonwealth of Virginia regulations, and the services will be within 25 miles of our funeral home. Also, we will refund to you any over-payment we receive. Our prices will be based on our General Price List at the time of death.
READ THE FOLLOWING TO UNDERSTAND YOUR RIGHTS PERTAINING TO FUNERAL SOLICITATION AS OUTLINED IN THE FOLLOWING SELECTED PARAGRAPHS FROM THE CODE OF VIRGINIA, CHAPTER 28:
¶ 54.1-2806.
The Board may . . . . suspend a license for a stated period or indefinitely, or revoke any license or censure or reprimand any licensee or place him on probation for such time as it may designate for any of the following causes:
2. Unprofessional conduct which is likely to defraud or to deceive the public or clients;
5. Solicitation at-need or any pre-need solicitation using in-person communication by the licensee, his agents, assistants or employees; however, general advertising and pre-need solicitation, other than in-person communication, shall be allowed;
6. Employment by the licensee of persons known as “cappers” or “steerers,” or “solicitors,” or other such persons to obtain the services of a holder of a license for the practice of funeral service;
7. Employment directly or indirectly of any agent, employee or other person, on part or full time, or on a commission, for the purpose of calling upon individuals or institutions by whose influence dead human bodies may be turned over to a particular funeral establishment;
8. Direct or indirect payment or offer of payment of a commission to others by the licensee, his agents, or employees for the purpose of securing business;
12. Solicitation or acceptance by a licensee of any commission or bonus or rebate in consideration of recommending or causing a dead human body to be disposed of in any crematory, mausoleum or cemetery;
READ THE FOLLOWING TO UNDERSTAND YOUR RIGHTS PERTAINING TO YOUR FREEDOM OF CHOICE AS OUTLINED IN THE FOLLOWING SELECTED PARAGRAPHS FROM THE CODE OF VIRGINIA, CHAPTER 28:
¶ 54.1-2807. Other prohibited activities.
C. No company, corporation or association engaged in the business of paying or providing for the payment of the expenses for the care of the remains of deceased certificate holders or members or engaged in providing life insurance when the contract might or could give rise to an obligation to care for the remains of the insured shall contract to pay or pay any benefits to any licensee of the Board or other individual in a manner which could restrict the freedom of choice of the representative or next of kin of a decedent in procuring necessary and proper services and supplies for the care of the remains of the decedent.
D. No person licensed for the practice of funeral service or pre-need funeral planning or any of his agents shall interfere with the freedom of choice of the general public in the choice of persons or establishments for the care of human remains or of pre-need funeral planning or pre-need funeral contracts.
E. This section shall not be construed to apply to the authority of any administrator, executor, trustee or other person having a fiduciary relationship with the decedent.
If you would like to contact the Commonwealth of Virginia, Department of Health Professions, Board of Funeral Directors and Embalmers: by email fanbd@dhp.virginia.gov
by phone (804) 662 9907
by FAX (804) 662 9523
by mail 6603 West Broad Street, 5th Floor
Richmond, Virginia 23230-1712
If you would like to contact the Commonwealth of Virginia, Board of Cemeteries:
by phone (804) 367 0115
by fax (804) 367-2475
by mail 3600 West Broad Street
Richmond, Virginia 23230
