Luckily, we’ve only had to handle a few minor complaints that were easy to remedy here at Cremation.Green. But we’ve heard a lot of stories from clients who had very different experiences at other funeral homes operating within the Texas death care system.
We wished that every funeral home in Texas followed our Big Hearted Care values, but the reality is not all of them do. A problem with a funeral home can lead to a dispute that has to be handled by a third party. If you find yourself in that situation, here’s what to do.
Discuss Your Grievance With the Funeral Home First
If an issue arises with your funeral home, the first method of righting the situation is making the grievance known. Talk with the funeral home director personally, and be very direct about the problem, especially if you believe the law may have been violated. Express your concerns, why you are concerned and what can be done to turn things around.
Give the funeral home a chance to make things right first. It’s possible that the funeral director isn’t even aware there’s a grievance, especially if there was some sort of miscommunication.
It’s best to also send a message in writing so that there’s a record of it and when you brought it up. Either send the message prior to the discussion, requesting to talk with the funeral director about the issue, or send a follow up message after the conversation to reiterate what was discussed. Doing so will also hold the funeral home accountable to follow through.
If Needed, File a Formal Complaint With the Texas Funeral Service Commission
Funeral homes in the Lone Star State are licensed and regulated by the Texas Funeral Service Commission (TFSC). Part of what the TFSC does is handle consumer complaints against Texas funeral homes as well as individual funeral directors and embalmers.
Talking with the funeral home prior to filing a complaint is critical in identifying who the complaint should be made against. You may find that the problem lies with the funeral director, not the funeral home. Or there could have been a third party involved that is responsible, and the funeral home’s hands are tied.
Requirements for Filing a Complaint Against a Funeral Home in Texas
Below are a few more things to know before getting the Texas Funeral Service Commission involved.
Who Can File the Complaint
Anyone who has knowledge of a funeral home or funeral industry professional that has broken the law or failed to follow established rules set by the state can file a complaint.
What’s Considered a Valid Complaint
The TFSC will consider any complaint that alleges a funeral home or an industry professional violated Texas Funeral Service Commission laws or regulations.
Timeframe Limitations
The complaint must be filed within two years of the related incident. The only way around this stipulation is to get approval from the Executive Director of the TFSC.
Funeral Home Insurance Policy Complaints
If the complaint is regarding an insurance policy that can be purchased from a funeral home that isn’t going to be filed with the TFSC. In that situation, you’ll need to file a complaint with the Texas Department of Insurance (TDI).
Texas Department of Insurance Consumer Helpline
1-800-252-3439
Complaints About Pre-Paid Funeral Services
If the complaint is about pre-paid funeral services you’ll need to contact the Texas Department of Banking (TDB).
Texas Department of Banking
(512) 475-1290
How to File a Complaint With the Texas Funeral Service Commission
There are three ways to initiate a complaint with the TFSC. You can:
Call
You can start the process by calling the TFSC at (888) 667-4881. A representative can help you determine if filing a complaint is appropriate and what submission method to use.
Mail
You can print and fill out a paper version of the TFSC complaint form then mail it to the address below:
1801 Congress Avenue, Suite 11.800
Austin, Texas 78701
Online
The quickest way to file a complaint is online by emailing a complete complaint form to the TFSC at [email protected].
What Happens After a Complaint is Made With the TFSC
You’ve submitted a complaint form with the Texas Funeral Service Commission. Now what?
The first thing that will happen is the TFSC will assign the complaint a case number. At that point an investigation is initiated. The case will be sent to the appropriate agency for review.
The review will result in one of three things:
- If the TFSC determines it’s a non-jurisdictional complaint the TFSC case is closed and the complaint is sent to the agency with jurisdiction over it.
- If the TFSC determines the complaint doesn’t involve a violation of the law the case is closed.
- If the TFSC determines the complaint is within jurisdiction and is valid they will notify the person or funeral home (respondent) that is potentially in violation.
The respondent has 15 days to respond and produce documents related to the complaint. The TFSC will also begin gathering additional evidence at this time to create an investigation report. Once the investigation report is done, it is sent to the respondent and they have 30 days to respond in one of two ways:
- The respondent can accept the report findings and sign the Agreed Order that outlines the penalties for the violation.
- They can request a settlement that is different from what’s in the Agreed Order.
If it’s the latter the TFSC could reduce the penalties, leave them the same or rescind them altogether. If a settlement is reached then the final disposition is written up and the case is closed.
But if a settlement can’t be reached there will be a hearing, and the Commission will decide whether to uphold or modify the penalties in the Agreed Order. The last thing that the respondent can do is file for a judicial review of the Commission’s decision. The judicial review will result in a final court action.
Investigating complaints against Texas funeral homes and professionals isn’t a quick process. It’s rather meticulous, taking numerous steps that include a formal investigation. To put it in perspective, the TFSC says it will contact people who make complaints every 90 days with updates until the case is closed.
At Cremation.Green you don’t have to worry about filing complaints with the TFSC. Our top priority is making sure the family is taken care of during an extremely difficult period. Give us a call, text or email today to learn more about our eco-conscious death care services.
