Massachusetts Funeral Director Jurisprudence State Exam (part 2) Questions and Correct Answers
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Massachusetts Funeral Director Jurisprudence
State Exam (part 2) Questions and Correct
Answers
Massachusetts Funeral Director Jurisprudence
State Exam (part 2) Questions and Correct
Answers
Massachusetts Funeral Director Jurisprudence
State Exam (part 2) Questions and Correct
Answers
...
Massachusetts Funeral Director Jurisprudence
State Exam (part 2) Questions and Correct
Answers
Telephone Price Disclosures
✓ ~~~ Whenever an individual telephones a funeral home and asks about the funeral
homes offerings or prices, *the funeral home must provide accurate information in
response to those inquires*. The funeral home is prohibited by the Funeral Rule from
refusing to give price information over the telephone.
The funeral director cannot insist upon the called identifying himself or herself as a
condition to the disclosure of price information over the telephone
-if a funeral director or trained staff member is not available to provide the requested
information, a message should be taken and the called should be returned by the
funeral director.
Misrepresentation
✓ ~~~ The Funeral Rule prohibits misrepresentations in six specific area. In addition,
the Funeral rule has prescribed several mandatory disclosures (all of which were
discussed earlier) which the FTC believes are necessary to prevent consumers from
being misled in these areas.
(1) Embalming
(2) Caskets for Direct Cremation
(3) Outer Burial Containers
(4) Legal and Cemetery Requirements
(5) Preservative and Protective Claims
(6) Cash Advance Items
,Misrepresentation: Embalming
✓ ~~~ The Rule prohibit any misrepresentations regarding the legal necessity of
embalming. It is a violation if the funeral director fails to inform the consumer that
embalming is not required by law, except in certain special circumstances.
-Also a violation of the Funeral Rule to inform the consumers that embalming is
required for (1) Direct cremation (2) Direct burial or immediate burial (3) if
refrigeration is available and there is to be a funeral with no viewing and there is a
casket to be closed
Misrepresentation: Caskets for Direct Cremation
✓ ~~~ The Rule prohibits a funeral director from representing that state or local law
requires a casket for direct cremation.
Additionally, if a funeral home offers direct cremation, it must make available for
direct cremation consumers alternative containers or unfinished wood boxes
Misrepresentation: Outer Burial Containers
✓ ~~~ It is a violation of the Funeral Rule to misrepresent that outer burial containers
are required by law when such is not the case. It is also a violation if the Rule for the
funeral home to fail to affirmatively inform consumers that state law does not require
outer burial containers. This duty to affirmatively inform consumers is satisfied by the
printing of the required mandatory disclosure on the OBC Price List
Misrepresentation: Legal and Cemetery Requirements
✓ ~~~ The Funeral Rule provides a catchall prohibition against any type of
misrepresentation concerning legal or cemetery requirements.
, Additionally, funeral directors are required to list and describe on the Statement of
Funeral Goods and Services Selected any legal, cemetery or crematory
requirements that compel the consumer to purchase any funeral good or service
Misrepresentation: Preservative and Protection Claims
✓ ~~~ Funeral directors may not represent to consumers that funeral goods or service
will delay natural decomposition or remains for a long or indefinite period. While the
Rule does not prohibit funeral directors from explaining that embalming provides
*temporary* preservation to the body, it does prohibit any claims that embalming (or
any other good or service) will preserve the body for a long or indefinite period of
time
Also prohibits from making misrepresentations regarding the protective features of
caskets and vaults. Any claim regarding the ability of caskets and vaults to protect
the body from graveside substances should not be made unless they can be
substantiated
Misrepresentation: Cash Advance Items
✓ ~~~ If a funeral director marks up cash advance items or receives a commission,
rebate or discount which is not passed on to the consumer, it is a violation of the
Funeral Rule to represent to the consumer that the charge represents the same
amount that the funeral home paid for these items.
-IF the consumer is not informed which particular cash advanced item has been
marked up (Funeral directors must identify what has been marked up)
Tying Arrangements
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