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FTC Funeral Directing
Terms in this set (32)
Commissioners for a
How many FTC trade commissioners are there and how long is their term?
What is the original law preventing price fixing and unfair business practices?
Truth in Lending
law preventing unfair credit billing and crackdowns on car loans
How long is the cooling off period for door to door sales? Law applies to anything that costs over __________.
Robinson Patman Act
Law that regulates price discrimination and protects small retailers.
What year did the FTC form in?
Amendment that added scope to the the FTC as it applies to unfair and deceptive practices? Began with just businesses and broadened to consumers.
What year did the FTC begin to review funeral service legislature?
What year kicked off a non-public investigation into funeral service?
What amendment would have exempted funeral service from the FTC
Introduction to the Rule
-Prevents embalming without permission
-Prohibits misrepresenting legal, crematory and cemetery requirements.
-Cannot require caskets for direct cremation
-Cannot require the purchase of certain funeral goods and svcs. as a condition for furnishing other goods and svcs.
Violation fines up to $16,000
-Any person who offers both funeral goods AND services to the public (any care and prep for a deceased human for disposition is a funeral service)
-Pre need sales people
-even if not a licensed funeral director
-even if you sell goods through one business and funeral services to another
Who must comply to the funeral Rule?
Pre needs were signed before 1984 unless they are to be altered after 1984
FTC rule does not have to be followed if _________
General Price List
What must be given at pre need arrangements or to anyone who wishes to change a pre need arrangement?
-Reduction of assets for Medicaid eligibility (pre-funded)
-Make wishes known
-Relieving family of financial burden
What are reasons for pre-planning?
Master and individual trust accounts
Life insurance policies
Where can funding be established?
-Extend family loyalty
Pros of Pre need
Shortfalls can undermine profits
Cons of Pre need
Active marketing consists of
Passive marketing consists of
-Keystone of the Funeral Rule
-Must contain name, date, itemized prices
-Must be identified as a GPL
-Must have phone numbers of all branches
-Consumers must keep it
-Itemizations identified by the FTC cannot be listed free
-Not required to send to mail inquiries unless making transfer and asking for embalming permission
-Must be given at face to face meetings
-Verbal offer not enough to comply
10 GPL facts/requirements
Right of Selection
Disclosure that must be placed above itemized list and allows consumers to choose what they buy
Disclosure that must say if state or local law requires it. Is required only if law dictates is policy for viewing. Should appear next to price.
Alternative Containers for direct cremation
Disclosure defined as an unfinished wood box or metal receptacle without fixed lining or ornamentation.
Lets consumers know they do not need a casket for direct cremation
Must include a description and basic service fee
Must be offered in conjunction with caskets.
Must be offered on its own
Should be included in direct burial and cremations
Basic Services Fee
Disclosure that is the only non-declinable fee allowed.
Common funeral home services.
Ordinary sheltering of remains.
May include overhead costs and transportation
Flat fee mileage hourly charges
Should be included with embalming and basic services fee.
Casket Price List
Disclosure states all caskets may be listed on GPL
Casket price range
Availability must be noted on GPL and outer burial containers the same
Not required by law
May be required by cemetery
Disclosure that offers alternative burial containers
must have at least one option with alternative container
Can include cremation fee or have it be cash advanced
Must have prices for each type
Allow consumer to provide container
Casket Price List
Disclosure that can appear on GPL
Must be given to anyone before they see caskets
Must include alternative container
Customers do not have to keep it
Each casket must have description Pictures and name tags are not enough.
Other than alternative containers for cremation you do not have to sell specific caskets
If not selling casket do not have to make new list
Need one for manufacturer's show room
Outer Burial Container Price List
Disclosure with the same rules applying to CPL
Do not have to sell one
Must include disclosure
T/F You are allowed to charge extra for people who have infectious diseases.
T/F You cannot force the family to pay for sanitary care for identification
Staff services fee
Where should fee for visitation be included?
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