FTC Funeral Rule

April 30, 1984

When did the funeral rule go into effect

Funeral Rule

______________ requires you to give consumers accurate, itemized price information and various other disclosures about funeral goods and services

$40,654

If you violate the funeral rule, you may be subject to penalties up to __________ per violation

misrepresenting

funeral rule prohibits you from __________________ legal, crematory, and cemetery requirements

embalming

funeral rule prohibits you from _____________ for a fee without permission

casket

funeral rule prohibits you from requiring the purchase of a ___________ for direct cremation

funeral goods or services

requiring consumers to by certain _______________________ as a condition for furnishing other ____________________.

deceptive; unfair

funeral rule prohibits you from engaging in other ___________ or ________ practices

funeral providers

All ____________ must comply with the funeral rule

funeral goods and services

a person is considered a funeral provider if they sell or offer to sell _______________________ to the public

funeral services

services used to care for and prepare bodies for burial, cremation, or other final disposition

funeral services

services used to arrange, supervise or conduct the funeral ceremony or final disposition of human remains

funeral providers

cemeteries, crematories, and other businesses can also be _______________ if they market both funeral goods and services

pre-need

In _________ situations, you must comply with all Rule requirements at the time funeral arrangements are pre-planned

survivors

You must give the ___________ relevant price lists, as well as an itemized Statement of funeral goods and service selected

statement of funeral goods and services selected

itemized written statement provided for retention to each person who arranges a funeral or other disposition. It must include the goods and services selected and prices paid for each, itemization of cash advance items and the total cost

pre need contracts

You must comply with the Rule if you sell on behalf of one or more funeral homes

agents

pre-need salesman selling contracts on behalf of funeral homes are considered ___________ of the funeral home and therefore covered by the rule

false (does not apply for contracts before '84)

T/F; the funeral rule covers any and all contacts that have ever happened, even before 1984

rules and requirements

if a preneed contract signed before 1984 is modified after 1984, the modification triggers all of the _________________.

GPL (general price list)

this is the keystone of the funeral rule.

GPL

this must contain identifying information, itemized prices for the various goods and services that you sell, and other important disclosures

comparison shop

the GPL enables consumers to ________________ and to purchase, on an itemized basis, only the goods and services they want

anyone

You must give the GPL to __________, who asks in person, about funeral goods and services, or the prices of such goods or services,

when you begin

you must offer the price list ______________ to discuss arrangements, goods, or price of services

face-to-face

the triggering event for giving out the GPL is a ____________ meeting.

anywhere

where can the face to face meeting occur.

Disclose

you must ___________ that embalming is not required by law.

callers

the rule does not require you to send __________ a General Price List

physically offer

You must _______________ consumers a GPL that they can keep and take home with them

package funerals

you cannot offer only _________________ to pre-need customers

GPL disclosure

consumer's right to select only the goods and services desired

GPL disclosure

embalming

gpl disclosure

alternative containers for direct cremation

gpl disclosures

the basic services fee

gpl disclosure

the casket price list

gpl disclosure

the obcpl

identical wording

You must use the _______________ given in the rule. you cannot edit or paraphrase

right of selection

the consumer has a right to select only the items they want to buy, besides a non-declinable basic services fee.

overhead

if customers cannot decline the basic services fee; you may add the phrase ____________ after the word services

Embalming

except in certain special cases, this is not required by law.

immediate conjunction

You should place the embalming disclosure in ___________________ with the price for embalming

alternative containers

the third disclosure that they may use one of these for direct cremation

direct cremation

you should place the alternative container disclosure in immediate conjunction with the price range for _____________________.

basic services fee

this is the only non-declinable fee. and it must include all charges for the recovery of overhead that you have not allocated

casket price list; obcpl

if you use either of these you must disclose that a separate list is available .

forwarding of remains

One of the categories required to be itemized on the GPL; this involves services of the funeral provider in the locale where death occurs and preparation for transfer to another funeral provider:

receiving of remains

one of the categories required to be itemized on the General Price List (if the funeral provider offers the service). This involves services of the funeral provider after initial services have been provided by another firm at the locale of death. The Fune

direct cremation

One of the categories required to be itemized on the GPL; a disposition of human remains by cremation, without formal viewing, visitation, or ceremony with the body present

immediate burial

One of the categories required to be itemized on the GPL;, a disposition of human remains by burial, without formal viewing, visitation, or ceremony with the body present, except for a graveside service

basic services of funeral director and staff

One of the categories required to be itemized on the GPL;, the only fee on the GPL that may be nondeclinable is.

transfer of remains

One of the categories required to be itemized on the GPL;, the moving of a dead human body from the place of death to the FH or other designated place is known as the

embalming

One of the categories required to be itemized on the GPL;, A process of chemically treating the dead human body to reduce the presence and growth of microorganisms, to retard organic decomposition, and to restore to an acceptable physical appearance

16 items

If you as a funeral home do not offer one of these then you do not need to list it on the GPL

package funerals

You cannot offer this in place of, only in addition to the required Itemized pricing.

up-to-date and accurate

Make sure the prices on all price lists are this.

inflate

You should not ___________ the prices on any of your price lists in order to offer all or most of your customers a discount.

forwarding and receiving remains

Both of these should be priced separately and have a description of all the services you will provide.

direct cremations

For this, your GPL must state a price range, along with the required disclosure about the availability of a alternative container

alternative container

The rule requires you to offer an ________________ for use in direct cremations if you provide direct cremations

crematory; cremation

If you own a _____________, it would be appropriate to include the ______________ charge in this fee

cash advance

If you use a crematory that someone else owns you may treat the cremation charge for direct cremation as a ________________ item.

immediate burials

For this, you must give a price range with separate options within the range.

immediate burial

a separate price for each form of ________________ offered where you provide a casket or alternative container.

services of funeral director and staff

the charge for this is a fee for the basic services that you furnish in arranging any funeral.

charges related

the basic services fee should not include __________________ to other items that must be separately listed on the GPL and that the customer may decline to purchase

overhead

instead of including all _____________ in your basic services fee, you can spread these charges across the various individual goods and services you offer

unallocated overhead

If consumers cannot decline this fee, you should include in this separate price all charges for ___________________.

unallocated overhead

all overhead not distributed among the other items listed on the GPL

customer

If the ______________ provides the casket obtained elsewhere that same basic services fee must be added to the total cost of the arrangements selected

non declinable fee

the basic services fee is the only _________________ allowed for services, facilities, or unallocated overhead, unless state or local law requires otherwise

second non declinable

charging a ______________________ fee, such as a basic facilities fee or a casket handling fee in addition to the basic services fee would violate the Rule.

additional services

you cannot list fees for _______________ of the funeral director and staff, if hose fees should be included in the basic services fee or in one of the other items required to be listed on the GPL.

transfer of remains to funeral home

You can choose any pricing method, such as a flat fee, hourly, or mileage charge.

embalming

your price for this should include use of preparation room, as well as the professional services, equipment, and materials

other preparation of the body

this charge should include services such as cosmetic work to prepare the deceased for viewing. Under this category you can show a price for washing and disinfecting when that procedure is used instead of embalming

use of facilities and staff for viewing

Your price for a viewing should include charges for both the services of the staff and the facilities used in connection with a viewing.

use of facilities and staff for viewing

if you provide staff services for viewing held at another facility, such as a church or a home, you should list a separate fee for such services

use of facilities and staff for ceremony

charge for a commemorative service with the body present, at the funeral home should include both the use of facilities and the necessary staff services

use of facilities and staff for memorial service

a charge for a commemorative service without the body present.

use of equipment and staff for graveside service

some families may chose to have a graveside service instead of funeral ceremony at the funeral home. your charge for this service should include both staff services and any equipment you may provide

graveside service

the separate charge for a ________________ is intended for those situations where there is no funeral ceremony at the funeral home or elsewhere

hearse

you can charge a flat fee with or without an additional mileage charge for distances beyond a certain specified radius

limousine

you can charge a flat fee with or without an additional mileage charge for distances beyond a certain specified radius

casket prices

you can list a range for these with a disclosure about the availability of the CPL

casket prices

you can list these individually on the GPL

obcpl (outer burial container price list)

you can list an outer burial container price range, with the relevant disclosure about the ____________.

funeral arrangements

you can offer these to anyone -- including government agencies -- on a package basis, as long as the funeral packages are offered in addition to, not in place of, itemized prices

religious groups and memorial societies

you are free to enter into such arrangements, but you must still comply with the rule's requirements.

descriptive information

you must give enough ____________________ about each casket on the CPL to enable consumers to identify the specific casket or container and understand what they are buying

usually offer

you need list only those caskets that you _______________ for sale that do not require special ordering, as well as the alternative container you offer for direct cremation

special ordering

this means purchasing a casket or container that is not in stock and not part of your regular offerings to you customers

caskets and alternative containers

these should be listed on the CPL.

CPL (casket price list)

this can be prepared in any form as long as it contains the required information displayed in a clear and conspicuous manner

customized caskets

you do not have to include __________________ on you CPL, or list caskets that you keep in your inventory to fill preexisting, pre-need contracts, but which you no longer regularly offer for sale.

when talks begin concerning caskets and alternative containers

when must you offer the CPL.

price cards

you can use individual _______________, but only in addition to a CPL.

outer burial container

refers to any container designed to be place around the casket in the grave; may include burial vaults, grave boxes, and grave liners

usually offer

you need only list those outer burial containers that you ______________ for sale and that do not require special ordering

begin to discuss

you must offer this price list when you ______________ outer burial containers but before showing the containers

True

T/F; you cannot require callers to give their names, addresses, or phone numbers before you give them the requested information

telephone price disclosures

funeral provider must give consumers who call accurate information from the price lists and answer questions about offerings and prices with readily available information.

embalming

you cannot tell consumers that state or local law requires ___________ if it is not true.

refrigeration

if you have a ______________ facilities available, you must give the consumer the option either ____________ or embalming

in writing

you must tell the consumer _______________ that embalming is not required by law except in special circumstances

formal viewing

the request to see the deceased does not constitute this.

other preparation of the body

you also cannot require the family to pay for ____________________ if they decline embalming

state or local law

you cannot tell the consumer that ____________________ requires them to buy a casket if the are arranging a direct cremation.

direct cremation

one that occurs without an formal viewing of the remains or any visitation or ceremony with the body present for cremation

alternative containers

if you offer direct cremations, you must make an _______________ available and inform consumers that such containers are available for direct cremations

alternative container

an unfinished wood box or other non-metal receptacle or enclosure, without ornamentation or a fixed interior lining, which is designed for the encasement of human remains and which is made of fiberboard, pressed-wood, composition materials (with or withou

standards

the Rule allows crematories to set _____________ for the kind of alternative containers that they will accept

state or local law

You cannot tell consumers that _______________________ requires them to buy an outer burial container, if that is not true

mandatory disclosure

the _____________________ about outer burial containers also tells consumers that grave liners are suitable for meeting any cemetery requirements

cemeteries

you may want to keep updated rules of local ____________ to make sure that your information is accurate

cemetery; crematory

You cannot tell consumers that any funeral, state, or local law or a particular ___________ or _____________ requires them to buy a particular goo or service, if that is not true

delay the natural decomposition

you cannot make any representation to consumers that funeral goods or services will _____________________________ of human remains for a long term or an indefinite time

protective features

You cannot tell consumers that funeral goods (such as caskets or vaults) have ____________________ or will protect the body from graveside substances when it is not true

warranty

Federal law requires you to make all __________ information available to consumers

preservation; protection

you must not adopt as your own any statement about ____________ or _____________ that you know to be in violation of the Rule.

cash advance item

Any item of service or merchandise described to a purchaser as an "accommodation", "cash disbursement" or similar term:

cash advance items

if you mark-up the charge on ____________________ or receive commission, discount, or rebate that is not passed on to the consumer, you cannot state that the price charged for the __________________ is the same as your cost

service charge

The rule does not prevent you from adding a _______________, nor does it require you to disclose the amount of that charge.

misrepresentations

other kinds of _______________, though not specifically prohibited by the Funeral Rule, are nonetheless illegal.

FTC Act

the __________ prohibits deceptive acts or practices.

unwanted; unneeded

You cannot require consumers to buy _____________ or ____________ goods and services to get the items that they do want.

goods and services

Consumers must be able to choose only the ____________________ that they want, with certain limited exceptions noted below.

optional item of service

You cannot include the charge for an _________________ (such as embalming) in a non-declinable basic services fee.

casket

you cannot charge an additional fee of surcharge to consumes who purchase this elsewhere

casket handling fee

this extra cost is simply a hidden penalty for those consumers who exercise the right to purchase a casket from another seller.

casket handling fee

Charge, fee or surcharge applied to consumers who purchase their casket elsewhere from a source other than the price list/funeral provider.

free items

none of the 16 items required to be separately itemized on the GPL can be listed as free or no charge. Items not required by the rule can be listed as free.

no charge

you can offer items not required to be separately itemized on the GPL (such as acknowledgment cards) at _____________.

embalming permitted

State or local law requires embalming under the particular circumstances regardless of any wishes the family might have.

embalming permitted

you have obtained prior approval for embalming from a family member or other authorized person.

embalming permitted

you are unable to contact a family member or authorized person after exercising due diligence.

express

you must get __________ permission to embalm; it cannot be implied.

reason

on the statement of funeral goods and service selected, you must explain the ___________ that you charged a fee for embalming

family consent

simply noting ________________ for embalming does not convey the reason for embalming, only that the family has consented

refrigeration

If this is available, you may be required to take more steps to contact the family and obtain embalming authorization

embalming

if the family chooses a funeral where no ____________ would be required, you cannot charge for the ____________.

1 year

you must keep price lists for at least ________ from the date you last distributed them to consumers.

1 year

You also must keep a copy of each completed statement of funeral goods and services selected for at least ________ from the date of the arrangements conference

clear and conspicuous

you must make all the required disclosures to consumers in a ________ and _____________ manner

state exemption

An application for _______________ can be filed only by a state government agency. Funeral providers and trade associations cannot file for _______________.

state regulations

you must comply with your _________________, even if they are more stringent than the funeral director

alternative container

an unfinished wood box or other non-metal receptacle or enclosure, without ornamentation or a fixed interior lining, which is designed for the encasement of human remains and which is made of fiberboard, pressed-wood, composition materials (with or withou

cash advance item

Any item of service or merchandise described to a purchaser as an "accommodation", "cash disbursement" or similar term:

casket

A rigid container that is designed for the encasement of human remains; is usually constructed of wood, metal or like material and ornamented and lined with fabric, and which may or may not be combustible.

commission

refers to the federal trade commission

cremation

The reduction of a dead human body to inorganic bone fragments by intense heat in a specifically designed retort or chamber.

crematory

Any person, partnership or corporation that performs cremation and sells funeral goods

direct cremation

a disposition of human remains by cremation, without formal viewing, visitation, or ceremony with the body present

funeral goods

goods which are sold or offered for sale directly to the public for use in connection with funeral services

funeral provider

Any person, partnership or corporation that sells or offers to sell funeral goods and funeral services to the public. [16 CFR 453.1(i)]

funeral services

any services which may be used to: (1) care for and prepare deceased human bodies for burial, cremation or other final disposition; and (2) arrange, supervise or conduct the funeral ceremony or the final disposition of deceased human bodies.

immediate burial

a disposition of human remains by burial, without formal viewing, visitation, or ceremony with the body present, except for a graveside service

memorial service

a ceremony commemorating the deceased without the body present

funeral ceremony

a service commemorating the deceased with the body present.

outer burial container

any container which is designed for placement in the grave around the casket including, but not limited to, container commonly known as burial vaults, grave boxes, and grave liners.

person

any individual, partnership, corporation, association, government or governmental subdivision or agency, or other entity

services of funeral director and staff

basic services, not to be included in prices of other categories in Section 453.2(b)(4), that are furnished by a funeral provider in arranging any funeral, such as conducting the arrangements conference, planning the funeral, obtaining necessary permits,