CELEBRITY UNDERTAKER ASKS COURT TO MUZZLE FUNERAL CONSUMERS ALLIANCE

Wednesday, 24 September 2008 19:41

September
24, 2008
FOR IMMEDIATE RELEASE

South Burlington, VT. - In an attempt to stifle legitimate criticism from consumer advocates, Michigan funeral director and author Thomas Lynch sued the oldest and largest national nonprofit funeral consumer advocacy organization in federal court September 12. Lynch's suit, filed in the US District Court for the Eastern District of Michigan, accuses Funeral Consumers Alliance, Inc., of "defamation," and causing "substantial economic injury" and "harm to [the] business reputation" of Lynch's funeral home businesses in Michigan. The document in question is a PowerPoint presentation titled "Deconstructing Thomas Lynch," available at www.funerals.org. The presentation quotes an article by Lynch and criticizes the article's presentation and viewpoint.

"To call this lawsuit ‘frivolous' would be too kind - it's outrageous," said FCA Executive Director Joshua Slocum. "Mr. Lynch appears unaware of the constitutional and common law rights citizens and journalists enjoy in this country. We don't expect him to enjoy FCA's critique, but his irritation does not cancel the rights of consumer advocates to publish fair comment on and criticism of his writings. Even worse, his attempt to extract money from a nonprofit charity is reprehensible." CLICK "READ MORE" FOR THE REST OF THE STORY. . .

Lynch is widely known as the author of several books on American funerals and other topics. He was featured in the 2007 PBS Frontline documentary, The Undertaking. As a well-known commentator on funeral practices, Lynch has written and spoken widely about what he sees as the value of funerals -usually the more involved and costly type that includes viewing the body and associated ceremonies.

FCA's critique of Lynch's article points out the inherent economic interest Lynch and any funeral director has in promoting this type of funeral. The presentation highlights this, and notes families have a wide array of meaningful choices to memorialize their dead that may not include the practices Lynch favors.

"Mr. Lynch is entitled to his point of view, and we are entitled to disagree with it," FCA's Slocum said. "He is a public figure who has offered insight into American funeral customs. But he is not a disinterested party. Consumer advocates are within their rights to point out that Mr. Lynch's favored funeral rituals happen to be among the most profitable for the conventional funeral home industry. Families planning funerals deserve to learn about all the available options, and about the commercial interests that may influence how a funeral home presents those."

"Funeral Consumers Alliance will not be intimidated or silenced by Mr. Lynch," Slocum continued. "We were formed as a national organization in 1963 to advocate for the rights of grieving families to choose funerals they find meaningful, dignified, and affordable - whatever those choices may be. We will fight this lawsuit vigorously, and we will continue our work on behalf of the American public, whether or not industry heavyweights approve of it."

Funeral Consumers Alliance, Inc., is a 501(c)(3) nonprofit charity headquartered in Vermont. FCA is a federation of nearly 100 nonprofit funeral consumer information societies from Maine to Hawaii. Originally formed in 1963 as the Continental Association of Funeral and Memorial Societies, FCA and its member organizations were instrumental in the passage of the Federal Trade Commission's Funeral Rule in 1984 - a funeral consumer's "bill of rights" guaranteeing grieving families the right to accurate information and freedom of choice in funeral arrangements. Visit us at www.funerals.org.

Last Updated ( Thursday, 25 September 2008 12:57 )

Comments (14)

As someone who has home-birthed, home-schooled, and when my one son had cancer was totally prepared to bury my son on my own small farm, (estimated cost: $200.00), I find the support for Lynch nauseating. He's a businessman first and foremost. There is nothing to justify spending thousands, or tens of thousands of dollars on a funeral, nothing.

http://www.youtube.com/watch?v=cb2QS3sLRog

http://www.youtube.com/watch v=cb2QS3sLRog&feature=channel_page

pat lynch on the link above on youtube at funeralfuturist calls jessica mitford's, "the american way of death"....satirical and not real"...unlike their pbs documentary "the undertaking"...which was real. is that not slander towards the mitford family or jessica's estate?

at the the time of publication in 1963 here were some descriptions of this "satirical...not real" book:

"A BOMBSHELL OF A BOOK..."crowded with facts every American should know." - The New York Times

"AT LAST SOMEONE HAS SPOKEN OUT and shattered the sanctimonious silence which has been shielding America's multi-million dollar burial racketeers from public scrutiny."
- The Chicago Times

"THE BEST EVER WRITTEN ON THE SUBJECT." - Harry Golden

"A BRILLIANT CASE AGAINST THE WHOLE INDUSTRY."
- The New Yorker

"A DOCUMENT WHICH IS TO THE UNDERTAKING WHAT
'SILENT SPRING' WAS TO THE PESTICIDE BUSINESS"
- The San Francisco Chronicle

"A BRILLIANT BOOK....MUST READING FOR ALL OF US."
- Cosmopolitan

in my opinion, the lynches are a bunch of clowns for trying to sue a consumer watchdog group and are out of touch with reality for still trying to peddle $10,000.00 funerals and $2000.00 direct cremations in one of the most economic depressed states in america.

Mr Callender of the UK sounds like a 'good' old socialist as he adds to his defense of Lynch by castigating Republicans and their polictical ads--too bad his fine country has gone to h---l since I spent some time there in WW2---English people had the courage of their famous lion in those days but have bowed to the crybabies and gutless wonders they call 'leaders' today---pray to the Good Lord the USA will not follow the same path or the entire world is finished--We are the 'last great hope of the free world'

Mr. Lynch is, indeed, a gifted writer who has won industry appreciation for his promotion of the one-of-everything funeral, the more profitable option to be sure. As a public figure, however, he has opened himself to commentary or criticism. Ten years ago his bias against cremation was quite apparent when he wrote --"We bury the treasure and burn the trash." He also claimed there was no need to donate bodies to a med school as the homeless supplied enough. Such is not the case, especially in his own state of Michigan. One has to wonder what the motivation and benefit is for any funeral director to sue three nonprofit organizations.

As late as Monday, I would have been rooting for the FCA as a highly laudable organisation, whose aims and intentions I support 100%.

Having read the nasty, hysterical press release and hostile e-mail exchanges from their CEO, I am suddenly extremely wary.
There's something bullying about their tone, and their sleazy attack of Tom Lynch contrasts so vividly with Mr. Lynch's kind, warm, heartfelt sincerity. Can the FCA be so hungry for members that it has to resort to such cheap, shrill tactics?
Not only do I hope Tom Lynch wins his suit (with costs - except that they would come from the pockets of the punters who support the FCA), but I hope the FCA dismisses Mr Slocum for bad behaviour, and replaces him with someone I can trust.
With no passive aggressive 'best wishes', James Showers UK

It is the manner of your attack which demeans you. It is nasty, brutish and pusillanimous. It is also unfair. Tom is a high-minded man given to careful thought and utter sincerity of utterance. His deep respect for his fellow men and women is well documented. He is a man not to be sneered at.

You are a disputatious fellow, Mr Slocum: the ferocity of your indignation speaks more loudly than, and undermines, any case you have to make. I suspect you know perfectly well that freedom of expression is enshrined in UK law. Don't be silly.

I cannot return your good wishes, ironically or otherwise. I hope you will be forensically dismantled.

Thank you all very much indeed for commenting, especially the two gentlemen from the UK. Since tomorrow is the American celebration of Thanksgiving, I'd like to note two things for which I am thankful:

1. To live in a country where the law protects citizens' rights to fairly comment and critique the actions of public figures, including, most especially, the right to point out things one finds unsavory, even if said public figures and admirers don't like it.

2. To live under a legal system which, in marked contrast to that of the UK, finds such rights (and the related concepts of truth as an absolute defense, and free expression of commentary and opinion) far more important to preserve than assuaging the indignation of public figures or their admirers.

I wish you all the very best.

Josh Slocum
Funeral Consumers Alliance

P.S. to Mr. Callender - Your claim that your sympathies usually lie with FCA is belied by your willingness to make such a reactionary comment. Those whose sympathies are truly in accord with another party don't generally assume that other party has no basis for their actions. Sympathetic people usually think to themselves, "there might be more to this situation than I know, even it if it's not immediately apparent to me."

Whether Mr Lynch's lawsuit has any validity or not, the FCA has done itself a huge disfavour in attacking him, and I speak as a "green" undertaker from the UK, who's sympathy usually lies with you. The power point is cheap and snide, reminiscent of a republican Presidential smear ad. Mr Lynch is humane, wise and an inspiration for many of us. Your twisting of his remarks about the need for the dead to be present at their own funeral is willful ignorance. You bring to mind Ms Mitford bemoaning barbaric fussing over the dead, while never showing any emotion over her dead child. The cost of everything but the value of nothing..

Tom Lynch is a great man, a great poet and a great thinker and writer about funerals. It may interest you to know that he is revered in the UK. Your PP presentation is disgracefully disrespectful. Whether he has a case or not, the FCA has diminished itself in the eyes of the world by attacking him in this underhand way. Right or wrong, he is worth the whole pack of you -- and some.

I am an attorney member of the Funeral Consumer's Alliance and I encourage most of my clients to join. I do not intend to spend too much time discussing precedent, procedural and substantive law involved in this suit, since I have clients paying me to do that at my "desk job."
The legal papers are available for anyone to read on the PACER system (computerized docket) at the Federal District courts. Rest assured FCA members, this lawsuit is not going anywhere. Do not let it distract you from the FCA mission or goals. If I thought it had any chance of success, I would volunteer my time for the cause. I understand the FCA has retained counsel and I know the attorney has the competency to handle this expeditiously on his own.

I think in this case Mr. Lynch is absolutely right. The powerpoint is clearly libel clearly directing it toward Lynch and not the industry as a whole. I hope Lynch wins! The FTC and the "Funeral Rule" has been put in force for the protection of the consumer. By this Mr. Lynch would have had to provide a general price list to the families he has served giving them options to choose how much they spend. The consumer controls what he spends not Mr. Lynch. Just because your a non-profit organization doesn't make you immune of violating the laws of slander and libel which you have clearly done.

Just a quick note of support to you. I hope the court rules in your favor as quickly as possible.

Your counsel should move for immediate dismissal of Lynch's suit. The frivolousness of it is on a par with the that of the fat girl in NYC who got some shyster to sue McDonald's for causing her obesity. This should never even get to court - just thrown out RIGHT NOW!