Top Class Actions  |  November 14, 2022

Category: Closed Class Actions

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This settlement is closed!

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Close up of an urn and yellow roses, representing the Neptune Society and NCS Marketing Services false advertising class action lawsuit settlement.
(Photo Credit: VDB Photos/Shutterstock)

The Neptune Society and NCS Marketing Services have agreed to pay a settlement to end class action lawsuit claims the two companies engaged in false and deceptive advertising regarding the Neptune Society’s pre-need funeral services and related merchandise. 

The settlement establishes two settlement classes. 

The first class consists of all individuals who purchased a Pre-need Funeral Agreement and a Retail Merchandise Agreement from Neptune or NCS in Florida on or after April 1, 2016. This class excludes all individuals who purchased a Pre-need or Retail Merchandise Plan for which a cremation service has been performed, as well as all individuals who entered into irrevocable pre-need contracts with Neptune and NCS.

The second class consists of all individuals who purchased a Transportation and Relocation Protection Plan (TRPP) on or after April 1, 2016. This class excludes all cases in which the beneficiary of the TRPP has already been cremated or buried. 

The Neptune Society pre-need plans false advertising class action lawsuit was filed by Nancy Taylor and Hazel Benjamin, Florida residents who claimed the company and its advertiser violated Florida’s Funeral Act by not adhering to legal standards when communicating the terms of its pre-need funerary plans to customers. 

Allegedly, the company misrepresented the nature of the plans and the statutory rights that consumers had when purchasing and considering the plans. Taylor and Benjamin assert the companies falsely represented their financial interests in the sale of these plans. 

The Neptune Society and NCS Marketing Services do not admit any wronging in response to these false advertising claims but have agreed to a lawsuit settlement in the interests of avoiding the costs and risks of continued litigation. 

Members of both classes are eligible for a full refund of the purchase price paid for the agreements, minus any refunds that may have previously been paid. 

Class members who wish to object to or opt out of the settlement must do so by Dec. 15, 2022.

A final fairness hearing in the Neptune Society and NCS Marketing Services false advertising class action lawsuit settlement will be held Jan. 19, 2023.

The deadline to file a claim for benefits is December 30, 2022. 

Who’s Eligible

Two settlement classes. 

The first class consists of all individuals who purchased a Pre-need Funeral Agreement and a Retail Merchandise Agreement from Neptune or NCS in Florida on or after April 1, 2016. This class excludes all individuals who purchased a Pre-need or Retail Merchandise Plan for which a cremation service has been performed, as well as all individuals who entered into irrevocable pre-need contracts with Neptune and NCS.

The second class consists of all individuals who purchased a Transportation and Relocation Protection Plan (TRPP) on or after April 1, 2016. This class excludes all cases in which the beneficiary of the TRPP has already been cremated or buried. 

Potential Award

Full refund of the purchase price paid for the agreements, minus any refunds that may have previously been paid

Proof of Purchase

No proof of purchase applicable

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

12/30/2022

Case Name

Taylor, et al. v. SCI Direct Inc, et al., Case No. 20-CV-60709-RAR, in the U.S. District Court for the Southern District of Florida

Final Hearing

01/19/2023

Settlement Website
Claims Administrator

Funeral Agreement Settlement Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
i
nfo@FuneralAgreementSettlement.com
855-757-0055

Class Counsel

Alec H Schultz
HILGERS GRABEN PLLC

Randall P Ewing Jr
KOREIN TILLERY LLC

Defense Counsel

Nicholas Panayotopoulos
WEINBERG WHEELER HUDGINS GUNN & DIAL LLC

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19 thoughts onNeptune Society, NCS Marketing Services false advertising class action settlement

  1. Linda S Messenger says:

    I filed a claim form in 2022 when notified of the class action lawsuit. I received a letter stating that the case was continued to March 1st. I have not heard anything since. I read here that the case has been closed. how come I haven’t received any information? I used the correct claim form and sent that in. Linda s messenger@gmail.com

  2. Tony Ford Ozuna says:

    Can I join a class action suit when the suit was filed in Florida and I live in Texas?

  3. MadelynRodriguez says:

    We mailed our claim before deadline. When will we be notified to return merchandise?

  4. Linda Danaher says:

    It is 12/30/2022 and I cannot reach a human being regarding this Neptune Society Settlement case. The phone number as listed on page one of the documents you sent me is not a working number. If I join this settlement does that mean that I have to purchase a new cremation policy from someone else? The deadline is today and I can’t make a decision without understanding the consequences of joining this settlement.

  5. David Hamilton says:

    I have tried the phone number multiple times and itg does NOT work. \Whatg is the point of putting a phone number in a letter if the people can,t use it? Makes you wonder how reliable any thing in the letter is!

    1. Dorothy Woods says:

      I sent the information for an refund from Neptune l am waiting for my refund..

      1. Bj Billingham says:

        As I did! Must be one hell of a scam! I’m out 3000.00

  6. Beverly A Esteppe says:

    I do not understand what has to be done. The phone number does not work.

  7. Rylan Seifert says:

    Please add me

  8. Johnnie Lewis says:

    What happened to cause this law suit? You have not responded to previous questions or at least we cannot see your replies. This questionnaire is just as vague as you are stating the society did.

  9. Bonnie Vorherr says:

    My husband and I have fully paid contract policies. If we don’t do anything, do all original plans still apply, if not what will we no longer have?
    The letter is not clear and we need clarification.

    1. D. March says:

      Class Counsel

      Alec H Schultz
      HILGERS GRABEN PLLC

      Randall P Ewing Jr
      KOREIN TILLERY LLC
      call those folks. I am also just a consumer like you and I called the firm representing folks like us and they assisted

      1. Linda Danaher says:

        If you really wanted to help wouldn’t you have posted the attorneys phone numbers?

  10. B. Peschl says:

    Does this mean everyone who has a fully paid contract is no longer covered? What EXACTLY does this mean to contract holders? I’ve emailed the court, I’ve scoured the web and this specific info is not available anywhere. Almost seems purposely vague and misleading, not unlike Neptune Society itself! WTH does all this mean?!

    1. Dee says:

      In Case no one has let you know yet to answer your question it means that if you choose to keep your paid funeral plan with Neptune Society you will still have your prepaid plan and nothing changes for you. But if you decide you no longer want the funeral plan they are required to give you a full refund of your paid services anytime before you use them no questions asked…. apparently prior to this lawsuit they refused to give anyone any refund for service unrendered and people were stuck with the service even if they changed their mind about wanting their service any longer violating a Florida Statue about fair funeral practices. They were also found to be seriously over charging for their service which anyone could get the same service with other funeral service providers for a fraction of the cost they were charging for the same services….. Anyways I hope this answers your question:)

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