Fighting Fraud
By Better Business Bureau Serving Greater Cleveland
Local consumers have complained to Better Business Bureau® (BBB®) Serving Greater Cleveland about an online funeral home misrepresenting itself as a locally based business. Consumers have also made other shocking allegations that the company fails to release loved ones’ cremated remains until a premium is paid, and not providing death certificates.
The company, named Legacy Funeral Services, also uses the name Heritage Cremation Provider. Legacy Funeral Home advertises itself as a local family-owned business but is based in Colorado Springs, Colorado. A local consumer from Wickliffe told BBB, “I had used Heritage for services regarding my mother. The company advertised a price and that they were local but upon picking up my mother’s remains, I found out that they were not and that they charge for services that the actual cremation provider has to file by law. I had used Heritage for death certificates and they charged multiple service charges for doing so. My mother passed in November and still have not received them in January.”
Another consumer from Newton Falls reported to BBB, “This business is a shame. My brother recently passed in Georgia and our local funeral home in Ohio contacted them for us while I flew down. My brother lay in the county coroner’s office for 5 days! They (didn’t fill out the necessary paperwork)…and took hours to return phone calls. I asked if I could just come in, only to find out they are located in Colorado.”
In 2022, the Department of Justice (DOJ), on behalf of the Federal Trade Commission (FTC), filed a lawsuit against Legacy Cremation Services and its owner Anthony Joseph (AJ) Damiano. The lawsuit was settled in 2023 with Legacy and Damiano agreeing to pay a civil penalty and adhere to a set of guidelines. These included providing a price list, disclosing their physical location on their website, and disclosing if their goods or services were handled by a third party. However, consumers have alleged that they believe these rules are not being followed.
Legacy Funeral Home (dba Heritage Cremation Services) has an “F” rating from BBB for failure to have required competency licenses in several states, failure to respond to five complaints, and failure to be transparent about their location. BBB recommends consumers file a complaint and contact their Attorney General, the FTC, and the DOJ.
BBB Serving Greater Cleveland is providing the following advice for consumers navigating the funeral process:
- Compare Prices – Shop around and compare prices from at least two different funeral homes.
- Avoid Emotional Overspending – A loved one often does not need an elaborate coffin or funeral display to be properly honored.
- Know Your Rights When Planning a Funeral – The FTC Funeral Rule protects consumers by establishing legal guidelines for providers of funeral services to follow. If a consumer is planning a funeral, regardless of whether it is being planned in advance or when a death occurs, they should review the FTC’s guidelines for shopping for a funeral to see the rights they have. Among these rights, consumers have the:
- Right to receive a written and itemized price list
- Right to receive pricing information over the phone
- Right to receive funeral goods and services you want (with some exceptions)
- Right to purchase a casket and urn elsewhere and the funeral provider must not refuse or charge a fee to handle it.
- Right to refuse embalming a body under certain circumstances. Refrigeration may be used if appropriate.
Better Business Bureau recommends individuals report scams, regardless of whether or not they have lost money, to BBB.org/ScamTracker. These reports can help others avoid falling victim to fraud. Have additional questions? Reach out to your BBB at 216.241.7678 or [email protected]. Have a scam to report? Report it to BBB.org/ScamTracker.
