How to File a Funeral Home Complaint in Hawaii: DCCA RICO Process

When a funeral home overcharges you, performs services you did not authorize, misrepresents what the law requires, or mismanages a pre-need trust, you have concrete legal recourse. Hawaii's regulatory framework gives consumers two parallel complaint channels — state and federal — and using them effectively depends on knowing which violations fall under which jurisdiction and how to document your case before you file.

This guide explains the process for both.

Hawaii's Regulator: DCCA and the RICO Office

The Department of Commerce and Consumer Affairs (DCCA) is Hawaii's primary regulator for the funeral industry. Within DCCA, the Regulated Industries Complaints Office (RICO) handles complaints against:

• Licensed mortuaries and funeral directors
• Cemetery authorities
• Crematories and alkaline hydrolysis facilities
• Pre-Need Funeral Authorities (companies that sell prepaid funeral contracts)

RICO has investigative authority, can subpoena records, and can impose fines, suspend licenses, revoke licenses, and refer cases for criminal prosecution. For serious violations — particularly financial mismanagement of pre-need trust accounts — RICO is the most powerful enforcement mechanism available to Hawaii consumers.

What RICO Can Help With

RICO is the appropriate channel for:

• Embalming performed without consent and without proper disclosure
• Services performed that were not requested and were charged without authorization
• A funeral home claiming that state law requires services that it does not
• Pre-need trust funds that were not properly segregated or that cannot be accounted for
• Failure to provide a General Price List before discussing services
• Misleading or deceptive contract terms in a pre-need agreement
• Cemetery violations: failure to maintain burial sites, disputes over interment rights
• Refusal to return prepaid funds in a cancellable contract

RICO also handles the licensing of funeral directors and embalmers. If you have reason to believe a funeral director is operating without a valid license, RICO is the reporting channel.

How to File a Complaint with RICO

Step 1: Gather documentation. Before filing, collect everything you have:

• The General Price List the funeral home gave you (or note that they failed to provide one)
• The signed contract and itemized statement of goods and services
• Receipts and payment records
• Any written correspondence (emails, letters)
• Notes from conversations, including dates, times, and names of staff members you spoke with
• Your own contemporaneous notes of what was said and when

The more specific your documentation, the more actionable your complaint. Vague statements ("they overcharged me") are harder to investigate than specific ones ("on [date], [staff member] told me that embalming was required by state law for a cremation, which we now understand is false, and we were charged $425 for a service we would have declined with accurate information").

Step 2: Write out the complaint narrative. Describe what happened in chronological order. Be factual, not emotional. State the specific regulation or law you believe was violated if you know it. The FTC Funeral Rule, DCCA licensing requirements, and HRS Chapter 441 (which governs cemeteries and mortuaries) are the key legal frameworks.

Step 3: Submit to RICO. The RICO complaint process is available online through the DCCA website or by mail. The complaint form asks for:

• Your contact information
• The business name, address, and license number of the respondent (if known)
• A description of the alleged violation
• Supporting documentation

RICO acknowledges receipt of complaints and will notify you if the matter is being investigated. Resolution timelines vary depending on the complexity of the case.

The Federal Channel: FTC Complaints

The FTC Funeral Rule is a federal regulation. For violations specifically related to:

• Failure to provide a General Price List
• Misrepresenting that embalming is required by law
• Charging handling fees for third-party caskets
• Providing inaccurate price information over the phone
• Failure to provide itemized written statements before payment

...you can also file a complaint with the FTC at the FTC's online consumer complaint portal (ReportFraud.ftc.gov). The FTC does not resolve individual complaints or represent individual consumers, but it uses complaint data to identify patterns and target investigations. High complaint volume against a specific funeral home can trigger an FTC audit.

Filing with both RICO and the FTC simultaneously is appropriate when a violation implicates both state licensing law and the federal Funeral Rule.

Pre-Need Contract Fraud

Pre-need fraud deserves special mention because the harm is typically discovered only after the purchasing consumer has died — when their family shows up at the funeral home and finds the contract is unenforceable or the trust funds are missing.

In Hawaii, Pre-Need Funeral Authorities must hold a specialized license from DCCA, post a surety bond, and file Annual Trustee Reports demonstrating that consumer funds are held in segregated trust accounts. If a pre-need operator cannot account for the funds you or your loved one paid, RICO has the authority to investigate, require repayment, and pursue license revocation.

Before purchasing any pre-need contract, verify that the provider holds an active PNF (Pre-Need Funeral) license with DCCA. This is public information available through the DCCA's online license lookup tool.

What RICO Cannot Do

RICO is a regulatory body, not a civil court. It can investigate, impose fines, and revoke licenses — but it cannot order a funeral home to refund your money directly as part of its enforcement action. If you want a financial remedy (a refund for services not rendered, compensation for unauthorized charges), the appropriate avenue is a civil lawsuit in Hawaii state court, or a demand letter from an attorney.

In practice, RICO investigations sometimes result in informal resolutions where the funeral home agrees to provide refunds to avoid license suspension. But this is not guaranteed, and RICO's formal enforcement powers are regulatory rather than compensatory.

If the amount at issue is small enough to qualify, Hawaii's Small Claims Court (jurisdiction up to $5,000) is another option for individual consumers seeking financial restitution without the cost of full civil litigation.

Building Your Case

The key to a successful complaint is documentation created at the time of the event, not reconstructed from memory weeks later. If you are at a funeral home and something feels wrong — a claimed legal requirement that seems questionable, a charge appearing on a bill that was not discussed — ask questions, get answers in writing, and take notes immediately.

For a complete guide to your consumer rights in Hawaii funeral transactions — including the FTC Funeral Rule requirements, embalming law, and the state licensing framework — see the Hawaii Funeral Laws and Consumer Rights Guide.

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