FTC

What about the GPL and pre-need arrangements?

you must give out a GPL in pre need situations (may differ from at need GPL)

The GPL is the what of the funeral rule?

keystone

1977

negative legislative sentiment toward FTC emerges

The Funeral Rule

requires a funeral home to give consumers accurate, itemized price information and various other disclosures about funeral goods and services. ALL FUNERAL PROVIDERS MUST COMPLY

1975

initial proposed trade regulation rule published in federal register

GPL mail or phone inquiries

-does not require funeral directors to mail a GPL -must give out accurate pricing information over the phone

effects on the funeral director

-Forces funeral directors to analyze financial matters -Forces funeral directors to operate in a particular admin. fashion -Gives an unfair advantage to non-providers -Forces funeral directors to discuss financial matters more openly and accurately -Makes our prices and offerings available to competitors.

Purpose of FTC

-maintain a 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 marketplace as an aid to consumers

Funeral Rule prohibits:

-misrepresenting legal, crematory and cemetery requirements -embalming for a fee without permission -requiring the purchase of a casket for direct cremation -requiring consumers to buy certain funeral goods or services as a condition for furnishing other funeral goods or service -engaging in other deceptive or unfair practices.

embalming is required when (NJ)

-remains will not be refrigerated, buried, or cremated within 48 hours of death -funeral home requires it for a public viewing -shipping human remains by common carrier when destination cannot be reached within 24 hours

embalming is required when (PA)

-shipping human remains when destination cannot be reached within 24 hours after death -a public ceremony with an open casket takes place 24 hours or more after death without refrigeration -remains are not to be sealed, refrigerated or disposed within 24 hours after death`

when requesting permission to embalm

-state that embalming is not required by law, except in special cases -refrain from further discussion about the type of funeral or disposition you can arrange, specific goods and services that you offer or the price of them

Objectives of the FTC Funeral Rule

-to increase the public's awareness of death related activities -assure the public's right to save money by being able to decline unwanted goods and services -to encourage competition between funeral directors in order to benefit the public

FTC four general questions

1. what are the costs and benefits of the regulation? 2. would a change in the regulation significantly benefit consumers? 3. would complying with a change to the regulation impose a high cost on businesses? 4. should the regulation be amended to reflect changes in the marketplace or technology?

Who gets a GPL?

ANYONE who asks in person FACE TO FACE about funeral goods, services or the prices of. WHEN IN DOUBT HAND IT OUT

1984

FTC rule takes effect

1972

FTC begins review of current funeral service practices

1976

FTC conducts hearings on the proposed rule in NY, Chicago, Seattle, LA, Atlanta and Wash DC

1914

FTC created by act of congress

July 19, 1994

FTC funeral industry practices revised rule takes effect

1973

FTC initiates "non-public" investigation of funeral service

1982

FTC promulgates the Trade Regulation Rule for funeral service

1974

Magnuson-Moss warranty/FTC improvement act gives FTC the power to create trade regulation rules

Must the GPL be provided to the consumer to keep?

YES! no fee may be charged and no conditions may be placed on the distribution of the GPL

Funeral providers

any person, partnership or corporation that sells or offers to sell funeral goods and funeral services to the public

Funeral Rule applies to

at need and pre need arrangements

GPL enables

consumers to comparison shop and to purchase on an itemized basis.

April 30, 1984

full FTC trade regulation rule for funeral industry practices takes effect

Federal Trade Commission

government agency promoting free and fair competition by prevention of trade restraints and other unfair methods of competition

Exception to the GPL

if only removing the deceased if only requesting permission to embalm

Triggering event

occurrence of a situation that requires a certain action Can occur anywhere

Funeral Rule penalties

up to 12,000 dollar violation

1964

wheeler-lea amendment adds to scope of FTC responsibilities the investigation of unfair or deceptive acts or practices in commerce.

When should the GPL be offered?

when you begin to discuss the type of funeral or disposition that you can arrange, the specific goods and services that you offer or the prices of the goods or services