FTC

Trade regulation rule for funeral industry practices

April 30th 1984

Trade Restraints

Designed to eliminate or stifle competition.

Purpose of FTC

Maintain free and fair competition in US business Take action against Monopoly, restraint of trade and unfair or deceptive trade practices. Prevent anti competitive practices in the market place as an aid to consumers.

After refrigeration

You have 5 hours to do something with the body.

Basic Service Fee

"Professional fee" A fee for conducting the arrangements, planning, and coordinating the services. All together for everything that we do. May also include unallocated overhead. Discloses that this fee will be added to the total cost of the funeral arrangements. ONLY NON DECLINABLE FEE ALLOWED BY THE RULE.

Required Itemized Prices on the GPL

1. Fowarding of remains to another funeral home 2. Recieveing remains from another funeral home 3. Direct cremation 4. Immediate Burial 5. Basic service fees of funeral director and staff, and overhead. 6. Transfer of remains to the funeral home 7. Embalming 8. Other preparation of the body 9. Use of facilities and staff for funeral ceremony 10. Use of facilities and staff for viewing 11. Use of facilities and staff for memorial service. 12. Use of equipment and staff for graveside service. 13. Hearse 14. Limousine 15. Either individual casket prices or the range of casket prices that appear on the casket price list; and 16. Either individual outer burial container prices or the range of outer burial container prices that appear on outer burial container price list.

Statement of funeral goods and services selected

A contract between consumers and funeral home. Itemized list of goods/services that are selected. Includes goods and services selected and price of each. Must include Legal requirements, embalming (next to price for embalming), cash advance. Name and address of the funeral director, date arrangements were made, name of deceased, and date of death.

Federal Trade Commission (FTC)

Agency of federal govt' created in 1914 to promote free and fair competition by prevention of trade restraints, price fixing, false advertising and other unfair methods of competition.

Price constraint

An agreement between business competitors to sell a product or service at the same price, intended to raise prices at consumers expense.

Sheltering of remains

Any amount of time exceeding the word "ordinary" can be listed if you plan to charge for the sheltering of remains past a specific period of time.

Transfer of remains

Can be a flat fee, hourly charge, mileage charge, etc..

Overhead

Can be spread across various goods and services or basic service fee.

Alternative Price Lists for special groups

Children and Infants Government Agencies Religious groups and memorial societies.

Embalming Disclosure

Embalming is not required by law. Must be placed in immediate conduction or next to the price for embalming.

Commissioners

Five people elected by the president. Serve term for 7 years.

GPL Minimal Services

Forwarding of remains Receiving Remains Direct Cremation Immediate Burial

The funeral rule

Funeral service trade regulation rule Truth in lending Fair credit reporting Magnuson-Moss warranty act Cooling off regulation

Third Sentence Of right of selection Disclosure

However any funeral arrangements will include a charge for our basic services and overhead.

Alternative Containers Disclosure

If a direct cremation is arranged, you can use a alternative container. Must give description of the container. Must be placed in immediate conjunction to the price range shown for direct cremation.

Right of selection

Inform the consumers that they have the right to choose any goods and services that they wish. Must be placed immediately above the goods and services that are offered.

Funeral industry practices revised rule is put into effect

July 19th 1994 Followed today

Outer burial Container list

Listed on GPL or a seperate outer burial container price list, with ranges of prices listed on GPL. ("A complete price list will be provided at the funeral home") Not required by law, but some cemeteries may require one.

Casket Price list

Listed on the GPL or a separate casket price list, with range of prices listed on GPL. ("A complete price list will be provided at the funeral home")

Discounts

May be offered at your descression

Direct Cremation

Must contain the price range of direct cremation services. Required Alternative container disclosure.

Identifying Information required for GPL

Name Address Telephone number Caption "General price list" Effective date

Info on Casket Price List

Name of business Caption Casket Price list Effective date Retail price of each casket and alternate container. You do not have to list items that require "special ordering" (Not part of regular offerings) Descriptive information.

Info on Outer burial container price list

Name of business Caption Outer burial container price Effective date Retail price of each OBC that does not require "Special ordering" OBC Disclosure Descriptive information

Provider

Provides goods and services MUST BE BOTH

Required Disclosures on GPL

Right of selection Embalming Alternative Containers Basic Service Fee Casket Price list Outer burial container price list

Common Carrier

Train, planes, ships, or automobiles.

Alternative Container

Unfinished wood box or other nonmetal receptacle or enclosure. Without ornamentation or a fixed interior lining which is designed for the encasement of human remains.