Misrepresentations prohibited by the Rule

mandatory disclosure on your Statement of Funeral Goods and Services Selected that relates to cash advance items?

" We charge you for our services in obtaining: (specify cash advance items) "

if your state or local law does not require a container to surround the casket in the grave which part of the disclosure may you leave out?

" in most areas of the country"

misrepresentation #6 cash advance items prohibited by the rule

If you mark-up the charge on cash advance items or receive a commission, discount, or rebate that is not passed on to the consumer, you CANNOT state that the price charged for the cash advance item is the same as your cost

what does the 3rd disclosure; alternative containers appear on your gpl?

If you want to arrange a direct cremation, you can use an alternative container. Alternative containers encase the body and can be made of materials like fiberboard or composition materials (with or without and outside covering) . The containers we provide are (specify containers)

A family selects a funeral with a viewing, you may explain to the family that embalming will

TEMPORARILY PRESERVE the body to make it suitable for viewing

what is the definition of the term direct creamtion

a direct cremation is one that occurs without any form viewing of the remains or any visitation or ceremony with the body present

who must you make the embalming disclosure available to?

all consumers, even if embalming is necessary

if you offer direct cremations, what must you make available to consumers

alternative containers

what does the term outer burial container refer to

any container designed to be placed around the casket in the grave

if a particular cemetery that your client family chooses requires an obc, how would you relay this to the family?

by explaining to the family that the selected cemetery of their choice requires an obc to be placed in the grave

how would you relay to the consumer that there is an added charge, or if you receive and keep a rebate, commission, or trade or volume discount ? besides informing them that the price is not the same as your cost

by including on your Statement of Funeral Goods and Services Selected the mandatory disclosure regarding cash advance items

how do you satisfy the obligation to tell the client family outer burial containers are not required by state law

by incorporating on the Outer Burial Container Price List the mandatory disclosure which appears on your gpl

what does the FTC Act prohibit

deceptive acts or practices

what do the consumer protection laws of most states prohibit?

deceptive practices

what does the phrase in immediate conjunction mean?

directly next to

if your state or local law in the area where you do business does not require embalming which part of the disclosure may you exclude?

except in certain special cases

what does the funeral rule prohibit you from making the representation of

funeral goods or services will delay the natural decomposition of human remains for a long term or an indefinite time

if in the case you do tell a consumer that he or she must buy a particular item because of any legal, cemetery, or crematory requirement , you must

identify and describe the particular requirement in writing on the Statement of Funeral Goods and Services Selected

misrepresentation #3 outer burial container prohibited by the rule

if in the case the law does NOT require a client family to buy an outer burial container, you CANNOT tell families that it is the LAW for them to purchase an obc

other misrepresentations of the funeral rule not specifically prohibited by the rule are considered

illegal

If in the case you have a family who wants to arrange a funeral w/a formal viewing/ the funeral will take place 3 days after death has occurred on a hot summer day. - Your STATE does NOT require embalming - You do not have refrigeration facilities In this scenario may you permit a white lie and tell the client family that the LAW requires embalming?

NO, b/c this is not the case and therefore you would be in violation of misrepresentation prohibited by the funeral rule

A family wants to arrange an immediate burial, but does not want to pay for embalming. Embalming is not required by your state law. Before burial takes place one family member wants to look briefly at the deceased by lifting the lid of the casket. In this scenario may you tell the family that embalming is required?

No, b/c the request to see the deceased does not constitute a formal viewing

where should you place the embalming disclosure on your general price list?

in immediate conjunction w/ the price for embalming

how should the 3rd disclosure alternative containers; be place on your gpl in correlation to the price for direct cremation?

in immediate conjunction with (directly next to ) the price range for direct cremation

where must your disclosure relating to cash advance items be place on your Statement of Funeral Goods and Services Selected ?

in immediate conjunction with (directly next to) the list of itemized cash advance items on your Statement and specify those cash advance items to which the disclosure applies

You sell caskets in your funeral establishment and have a bonding relationship w/ a specific casket supplier company. A client family chooses a casket from the company you regularly purchase caskets from and they are reading the casket companies written warranty . What must you as the funeral provider do?

inform Mr.Morton that the manufacturer has made certain statements about the product, but that you do not have personal knowledge of the protective value of merchandise

what is the purpose of the 3rd disclosure on your gpl?

informs consumers that they may use alternative containers for direct cremations

Define Alternative Container

is 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. It is made of fiberboard, pressed-wood, composition materials or like materials, with or without an outside covering.

in regards to warranty information what does federal law require you to do?

make ALL warranty information available to consumers

does NYS or local law require embalming

no

does the funeral rule prevent you from adding a service charge on a cash advance item?

no

does the funeral rule require you to disclose the amount of that charge regarding a cash advance item?

no

if it is not the case that a particular cemetery requires an outer burial container, may you inform the consumer that the cemetery requires the outer burial container so your funeral home can make a profit?

no

may you tell a client family that EMBALMING WILL PRESERVE HUMAN REMAINS INDEFINITELY. In order to persuade the family to select embalming?

no

may you tell a client family that funeral goods such as caskets or vaults have protective features or will protect the body from gravesite substances?

no

may you tell consumers, in the case of direct cremations, that they must buy a casket for any other reason

no

may you tell the client family that NYS or local law requires embalming?

no b/c it is not the law

is it true that funeral goods such as caskets or vaults have protective features or will protect the body from gravesite substances

no, b/c this statement is not true

does the request to view the deceased prior to burial or cremation constitute grounds for embalming?

no, the request to see the deceased does not constitute a formal viewing

how do you relay to the consumer that embalming is not required by law except in special circumstances

required disclosure #2 Embalming on your general price list

how do you display to a consumer that alternative containers are available for cremation?

required disclosure #3 alternative containers on your general price list

what must you inform the client family regarding outer burial containers

state law does NOT require them to purchase an obc

if a consumer is inquiring of a direct cremation, what must you inform them in regards to caskets?

that alternative containers are available for direct cremations

if relevant what must you tell consumers in writing?

that embalming is not required by law except in special circumstances

if state law does require embalming what do you relay to the client family

that embalming is required due to the specific circumstances

if state or local law requires embalming, you may NOT tell consumers

that embalming is required for practical purposes

if there IS an added charge, or if you receive and keep a rebate, commission, or trade or volume discount, what must you tell consumers?

that the price is not the same as your cost

when a family is given the manufacturer's warranties to read over what must you as the funeral provide indicate

that these claims are made by the manufacturer and not by you

who recognizes that the statement " funeral goods and services will delay the natural decomposition of human remains for along term or an indefinite time" ?

the Commission

A family wants to arrange a funeral with a formal viewing. The funeral will take place three days after death has occurred on a hot summer day. - Your state does not require embalming - You do not have refrigeration facilities In this scenario what can you tell the client family?

the funeral home requires embalming as a practical necessity to delay decomposition of the remains and to preserve them for viewing

how does the funeral rule apply to crematories regarding cremation containers?

the funeral rule prohibits crematories from requiring that a casket be purchased for direct cremation

what does the funeral rule allow crematories to set standards for?

the kind of alternative containers they will accept for cremations Eg. crematory might stipulate that it will accept only rigid containers

Mr.Morton has chosen a casket your funeral establishment offers what should you allow Mr. Morton to read?

the written warranty that the manufacturer offers

what is the purpose of keeping updated rules of local cemeteries in your funeral establishment?

to make sure that the information regarding obc for that cemetery is accurate

t/f some states may have laws or regulations that prohibit any mark-up on cash advance items

true NYS is not one of those states that prohibit mark-ups

does the mandatory disclosure regarding outer burial containers tell consumers that grave liners are suitable for meeting ANY cemetery requirement

yes

A family wants to arrange an immediate burial, but does not want to pay for embalming. Embalming is not required by your state law. Before burial takes place one family member wants to look briefly at the deceased by lifting the lid of the casket. - Since you can not charge for embalming b/c it is not required by your state law May you find a loop hole and require the family to pay for " other preparation of the body" if they already declined embalming?

you CANNOT require the family to pay for " other preparation of the body" if they already decline embalming

misrepresentation #4 legal and cemetery requirements prohibited by the rule

you CANNOT tell consumers that any federal, state, or local law or a particular cemetery or crematory requires them to buy a particular good or service, if that statement is FALSE

misrepresentation #2 prohibited by the funeral rule is a casket for direct cremation

you CANNOT tell consumers that state or local law requires them to buy a casket if they are arranging for a direct cremation

misrepresentation #5 Preservative and Protective Value Claims ; prohibited by the rule

you cannot make any representations to consumers that funeral goods or services will delay the natural decomposition of human remains for a long term or an indefinite time

the term outer burial container refers to which type of containers

-burial vaults -grave boxes -grave liners

the funeral rule prohibits specific misrepresentations in six areas

1. embalming 2. casket for direct cremation 3. outer burial container 4. legal and cemetery requirements 5. preservative and protective value claims 6. cash advance items

if your state law requires either refrigeration or embalming after a certain period of time what two options may you give to the client family

1. if you have refrigeration facilities available, you MUST give consumers the option 2. embalming

if your state or local law requires embalming , you may not tell consumers that embalming is required for practical purposes in the following (3) situations

1. when the consumer wants a direct cremation 2. when the consumer wants an immediate burial 3. when refrigeration is available and the consumer wants a closed-casket funeral with no formal viewing or visitation

regarding warranties what must you allow the family to read

ANY of the manufacturer's warranties

which disclosure do you include on both your gpl and Outer Burial Container Price List?

Disclosure #6 relating to outer burial containers " In most areas of the country, state or local law does not require that you buy a container to surround the casket in the gave. However, many cemeteries require that you have such a container so that the grave will not sink in. Either a grave liner or a burial vault will satisfy these requirements

Required disclosure #2 Embalming on your gpl states as follows

EXCEPT IN CERTAIN SPECIAL CASES, embalming is not required by law. Embalming may be necessary, however, if you select certain funeral arrangements, such as a funeral with viewing. If you do not want embalming, you usually have the right to choose and arrangement that does not require you to pay for it, such as a direct cremation or immediate burial