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Scope & Range of Services
Darryl J. Roberts has spent his entire life in and around the
funeral and cemetery industries. During those 30 years,
he met and worked with a number of highly reputable people in
the business. "Unfortunately," Roberts said, "I also encountered
an even larger number of less ethical, less consumer-oriented
individuals." Roberts retired in the fall of 1994
and began organizing the notes that eventually led to his whistle-blowing
book, PROFITS OF DEATH: An Insider Exposes the Death Care Industries.
Both his book and its website (www.profitsofdeath.com) are designed
for the sole purpose of educating the public. In them,
Roberts exposes many of the tactics used by funeral homes and
cemeteries to mislead and seduce consumers into spending far
more than they need to when making final arrangements.
He offers several tips on minimizing the
cost of funerals and burials.
Roberts grew up in the death care industries. By
the age of 12, he was already helping his father with his West Virginia
cemetery business. He received B.S. Degree in Business from the University
of Tennessee in 1967, and continued with post-graduate studies at the West
Virginia College of Graduate Studies. In the summers during college,
he began his professional career as a memorial counselor selling cemetery
lots. After graduation, he became the manager of one of his
father's corporate properties in Virginia.
After his father passed away in 1980, Roberts became president
of the corporation which then consisted of 26 cemeteries and three funeral
homes. Roberts served on the board of directors of the West Virginia Cemetery
Association from 1970 to 1978, was its president from 1974 to 1975, and
was elected president emeritus of the organization in 1993. He was
also a member of the board of directors of the Pre-Arrangement Association
of America from 1972 to 1980, and served as its president from 1975 to
1976. In addition, he served on the board of the Ohio Association of Cemeteries
from 1976 to 1978. He was a founding member of the Cemetery
Service Council (an organization designed to assist consumers and cemeteries
in the resolution of disputes) and served as its president in 1983.
Coverage in Articles and on National Television
Roberts was featured on the CBS television program 60
Minutes on Sunday, February 1, 1998. CBS correspondent Lesley Stahl
interviewed Roberts about the rapid consolidation of the funeral industry
by a few major conglomerates. The show's segment, titled "The High
Costs of Dying," echoed Roberts' concern that just three companies now
handle nearly one-fourth of all U.S. funerals. In the process, they
are drastically raising the costs (in one instance cited in the show, by
more than 50% in just the past three years). His book was reviewed
in Phoenix Magazine (February 1998) and has been quoted in dozens of other
major publications including Kiplinger's Magazine (May and July 1997) and
Money Magazine (September 1997).
Author and Publisher Sued
In 1997, Roberts and his book publisher, Five Star Publications,
Inc., of Chandler, Arizona, were sued by Service Corporation International
(SCI), one of the largest funeral home/cemetery conglomerates in the world,
and the firms' chief executive officer, Robert L. Waltrip. In the
suit, SCI and Waltrip alleged that Roberts and his publisher defamed them
claiming they falsely accused Waltrip of stating that it was his goal to
turn SCI into "the True Value Hardware of the funeral-service industry."
"The quote," said Roberts, "was taken directly from an article that appeared
in Business Week in its August 25, 1986 issue." The article was titled
"Bob Waltrip is Making Big Noises in a Quiet Industry - His Service Corp.
Expects to Acquire 50 Mortuaries and Cemeteries Just this Year."
After Roberts' 1998 appearance on 60 Minutes, SCI and
Waltrip filed a motion to amend their original lawsuit to include allegedly
libelous statements made by Roberts on the show. Among the statements
challenged were the comment that "conglomerates come into town (and) raise
prices fairly quickly," and an alleged implication that SCI businesses
charge $800 for opening and closing a grave when their costs are only $50.
SCI and Waltrip accused Roberts and Five Star Publications of falsely claiming
that SCI engages in deceptive trade practices, price gouging, and other
unfair practices. Charles L. Babcock and John K. Edw ards, with the
law firm of Jackson Walker, L.L.P., of Houston, represented Roberts and
his publisher. In January 1998, the law firm filed a summary judgment
regarding the original lawsuit. "We are optimistic of a favorable
outcome," Edwards said. "In our opinion, the original defamation
claim borders on the frivolous." Regarding the inclusion in the lawsuit
of the statements made on 60 Minutes, Edwards added, "Interestingly, out
of all the statements that were made by various people during the 60 Minutes
segment, the plaintiffs choose to focus on two or three comments made by
one individual, who just happens to be the same person they are already
suing over a single quotation. If the plaintiffs think that Roberts
and his publisher are little folks who can't fight back, they are wrong.
We intend to vigorously defend the important First Amendment rights at
stake in this lawsuit." Case Dismissed The federal judge
in the case eventually dismissed all of the defamation charges against
Roberts and his publisher, and Waltrip and SCI subsequently dropped all
of their charges regarding the 60 Minutes broadcast. "I never doubted
that this case would not go to court, or even get to the point of deposing
the principles about the facts surrounding the case," Roberts said.
"In my opinion, the whole affair was a classic example of the death care
industry once again attempting to 'kill the messenger.' Whenever
the truth about the industry emerges, their leaders begin a campaign to
attack whomever the messenger is with little or no concern for the facts
involved. Roberts concluded, "It must be devastating for the industry
to think that the public may actually learn what the industry does to misinform
them. On the one hand, all industry participants say that they want
the public to be informed. At the same time, however, they do everything
possible to keep this information away from the public." |