UNITED STATES DISTRICT COURT UNITED STATES OF AMERICA, Plaintiff, COMPLAINT FOR CIVIL PENALTIES Plaintiff, the United States of America, acting upon notification and authorization to the Attorney General by the Federal Trade Commission ("Commission"), for its complaint alleges that: 1. Plaintiff brings this action under Sections 5(a)(1), 5(m)(1)(A), 9, 13(b) and 16(a) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. §§ 45(a)(1), 45(m)(1)(A), 49, 53(b) and 56(a), to obtain monetary civil penalties and injunctive and other relief for defendants' violations of the Commission's Trade Regulation Rule Concerning Funeral Industry Practices ("Rule" or "Funeral Rule"), 16 C.F.R. Part 453. JURISDICTION AND VENUE 2. This court has jurisdiction over this matter under 28 U.S.C. §§ 1331, 1337(a), 1345, and 1355 and under 15 U.S.C. §§ 45(m)(1)(A), 49, 53(b) and 56(a). This action arises under 15 U.S.C. § 45(a)(1). 3. Venue in the Eastern District of Pennsylvania is proper under 15 U.S.C. § 53(b) and under 28 U.S.C. §§ 1391(b-c) and 1395(a). DEFENDANTS 4. Defendant Robert L. D'Anjolell Memorial Home, P.C. is a Pennsylvania corporation with its office and principal place of business located within the Eastern District of Pennsylvania at 2811 West Chester Pike, Broomall, Pennsylvania 19008. Robert L. D'Anjolell Memorial Home, P.C. transacts business in this district. 5. Defendant Robert L. D'Anjolell, Sr. is the President of Defendant Robert L. D'Anjolell Memorial Home, P.C. He resides at 717 South Warren Avenue, Malvern, Pennsylvania 19355. His business address is the same as that of the corporate defendant. In connection with the matters alleged herein, Defendant Robert L. D'Anjolell, Sr. resides and/or transacts business in this district. 6. Individually or in concert with others, Defendant Robert L. D'Anjolell, Sr. has formulated, directed, and controlled the acts and practices of Robert L. D'Anjolell Memorial Home P.C., including the various acts and practices set forth herein. 7. Defendant Anthony Romano is the vice-president of Defendant Robert L. D'Anjolell Memorial Home, P.C. He resides at 30 Ellis Road, Havertown, Pennsylvania 19083. His business address is the same as that of the corporate defendant. In connection with the matters alleged herein, Defendant Anthony Romano resides and/or transacts business in this district. 8. Individually or in concert with others, Defendant Anthony Romano has formulated, directed, and controlled the acts and practices of Robert L. D'Anjolell Memorial Home P.C., including the various acts and practices set forth herein. 9. Defendant Robert L. D'Anjolell, Jr. is the secretary and treasurer of Defendant Robert L. D'Anjolell Memorial Home, P.C. He resides at 651 Andover Road, Newtown Square, Pennsylvania 19008. His business address is the same as that of the corporate defendant. In connection with the matters alleged herein, Defendant Robert L. D'Anjolell, Jr. resides and/or transacts business in this district. 10. Individually or in concert with others, Defendant Robert L. D'Anjolell, Jr. has formulated, directed, and controlled the acts and practices of Robert L. D'Anjolell Memorial Home P.C., including the various acts and practices set forth herein. THE FUNERAL RULE 11. The Funeral Rule, promulgated by the Commission under Section 18 of the FTC Act, 15 U.S.C. § 57a, became effective in its entirety on April 30, 1984, and since that date has remained in full force and effect. Amendments to the Funeral Rule were promulgated by the Commission under Section 18 of the FTC Act, 15 U.S.C. § 57a, and became effective on July 19, 1994. VIOLATION OF THE FUNERAL RULE 12. At all times material herein, defendants have been "funeral providers," as that term is defined in Section 453.1(i) of the Rule, 16 C.F.R. § 453.1(i), and have sold or offered to sell "funeral goods" and "funeral services", as those terms are defined in Sections 453.1(h) and 453.1(j) of the Rule, 16 C.F.R. §§ 453.1(h) and 453.1(j). 13. In connection with selling or offering to sell funeral goods and funeral services, in or affecting commerce, as "commerce" is defined in Section 4 of the FTC Act, 15 U.S.C. § 44, defendants have violated the Funeral Rule by failing to give a printed or typewritten casket price list, at the time and in the manner required by the Rule, to a person who inquired in person about the offerings or prices of caskets or alternative containers, thereby violating 16 C.F.R. § 453.2(b)(2). UNFAIR OF DECEPTIVE ACTS OR PRACTICES 14. Section 5(a) of the FTC Act, 15 U.S.C. 45(a), provides that "unfair or deceptive acts or practices in or affecting commerce are hereby declared unlawful." 15. Defendants sell and offer to sell funeral goods and funeral services in or affecting commerce as "commerce" is defined in Section 4 of the FTC Act, 15 U.S.C. § 44. 16. Pursuant to Section 18(d)(3) of the FTC Act, 15 U.S.C. § 57a(d)(3), a violation of the Funeral Rule constitutes an unfair or deceptive act or practice in violation of Section 5(a)(1) of the FTC Act, 15 U.S.C. § 45(a)(1). 17. By engaging in the Funeral Rule violation described in Paragraph 13, above, defendants have violated Section 5(a)(1) of the FTC Act, 15 U.S.C. § 45(a)(1). CIVIL PENALTIES AND INJUNCTION 18. Defendants have violated the Funeral Rule as described above with knowledge as set forth in Section 5(m)(1)(A) of the FTC Act, 15 U.S.C. § 45(m)(1)(A). 19. Section 5(m)(1)(A) of the FTC Act, 15 U.S.C. § 45(m)(1)(A), authorizes the Court to award monetary civil penalties of not more than $11,000 for each such violation of the Funeral Rule. 20. Under Section 13(b) of the FTC Act, 15 U.S.C. § 53(b), this Court is authorized to issue a permanent injunction against defendants' violating the FTC Act. PRAYER WHEREFORE, plaintiff requests this Court, pursuant to 15 U.S.C. 45 (a)(1), 45(m)(1)(A), 49, 53(b) and to the Court's own equity powers:
Dated: OF COUNSEL: LAUREL PRICE, ESQ. FOR THE UNITED STATES OF AMERICA: DAVID W. OGDEN DANA C. BARRAGATE, ESQ. MICHAEL R. STILES EUGENE M. THIROLF ELIZABETH STEIN, Attorney |