Neptune Society, NCS Marketing Services false advertising class action settlement

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

Final Hearing

01/19/2023

Settlement Website

FuneralAgreementSettlement.com

Claims Administrator

Funeral Agreement Settlement Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
info@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