Currently, the Cemetery and Funeral Merchandise Trust Fund Law (Act 459 of 1963) requires sellers of funeral services and merchandise that are to be delivered at a future date (pre-need) to deposit 70% of the purchase price into a trust fund account. The corrupt cemeteries have misinterpreted the law and sought to avoid the 70% trusting requirement through the use of “constructive delivery” of certain merchandise prior to the time of need. Certain merchandise, such as caskets and burial vaults, are purchased prior to the time of need and purportedly set aside for the purchaser but never actually delivered to the purchaser. Claiming that the merchandise has been delivered, sellers then retain 100% of the sales price rather than complying with the trusting requirements.These cemeteries changed the definition of “Stored” to Delivered. PA senate bill 874 will better protect consumers by prohibiting “constructive delivery”, thus insuring that funds will be maintained in trust and available at the time of need, providing for return of funds including interest earned if the purchaser cancels the contract prior to performance, and add to the fund trustee reporting requirements. These changes will help protect the increasing number of individuals who choose to enter “pre-need” contracts for funeral services and merchandise. This bill will protect the consumer. EVERYONE should be voting for this bill to pass.
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