FTC Funeral Rule- Questions & Answers
What Consumers Cannot be Required to Purchase -
The Rule expressly prohibits you for charging any fee as a condition of furnishing goods and
services except:
Correct Ans--basic services of funeral director and staff -funeral goods and services selec...
FTC Funeral Rule- Questions & Answers
What Consumers Cannot be Required to Purchase -
The Rule expressly prohibits you for charging any fee as a condition of furnishing goods and
services except: Correct Ans--basic services of funeral director and staff
-funeral goods and services selected by customer
-funeral goods and services required to be purchased by law, cemetery, or crematory
-you cannot charge a casket handling fee for caskets purchased elsewhere
What Consumers Cannot be Required to Purchase -
Exceptions to the consumer's general right to choose: Correct Ans--non-declinable basic
services fee
-items required by law, cemetery, or crematory
-impossible, impractical, or excessively burdensome requests, however you are free to comply
with these requests
What Consumers Cannot be Required to Purchase -
"Free" items: Correct Ans--you cannot list any of the 16 items required to be itemized as
"free" or "no charge"
-because you recover the cost of "Free" items in other prices, consumers cannot reject the
charge
-you can list items outside of the 16 required as long as it is not against state or local laws to do
so
,Prior approval for embalming -
You can charge a fee for embalming in one of the three circumstances: Correct Ans-1) State
or local law requires it under the particular circumstance
2) You have obtained prior approval for embalming or authorized representative, you must get
express permission in this case
3) All of the following apply:
-unable to contact family member or authorized person after exercising due to diligence
-you have no reason to believe the family does not want embalming
Prior approval for embalming -
After embalming the body, you obtain subsequent approval. However, you must tell them that:
Correct Ans--if they select a service that requires embalming, you will charge a fee
-if the service does not require embalming, then you will not charge them
-if the family expressly approves embalming or chooses services where embalming is required,
you may charge them
Recordkeeping Correct Ans--you must keep price lists at least one year from the date you
last distributed them
-you must keep a copy of each Statement of Funeral Goods and Services Selected for at least
one year from the date of arrangements
-they must be available to FTC agents upon request
, Comprehension of Disclosures Correct Ans--disclosures must be clear and conspicuous
-disclosures must be legible
-price lists may not include any information that alters or contradicts the information the Rule
requires
-you can include other information on your price lists
State Exemptions Correct Ans-The FTC may grant a statewide exemption if it finds that:
-there is a state requirement in effect that applies to the same transaction that the Rule covers
and
-the requirement provides an overall level of protection that is greater than or equal to the Rule
Third Party Caskets (things you cant do) Correct Ans--never refuse service to family
-not attempt to dissuade a family from buying a third party casket
-may not require a family to be present when casket is delivered
-Funeral home may not impose any restrictions on the time or manner of delivery outside
normal delivery policy
-no handling fees are allowed
-no unreasonable package discounts for people who purchase a casket through funeral home
Third Party Caskets (things you can do) Correct Ans--may attempt to persuade family to buy
your casket by comparing quality and pricing
-may have the family sign a form authorizing the funeral home to receive casket (form can
relieve the funeral home of an obligation to inspect casket)
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