FTC (Federal Trade Commission) VOCAB

Mandatory disclosures

statements required by the Rule which cannot be modified or edited and must appear in a clear and conspicuous manner.

Statement of Funeral Goods and Services Selected

itemized written statement provided for retention to each person who arranges a funeral or other disposition. It must include the goods and services selected and prices paid for each, itemization of cash advance items and the total cost.

Outer burial container

any container which is designed for placement in the grave around the casket including, but not limited to, container commonly known as burial vaults, grave boxes, and grave liners.

Itemization

method of price quotation by which each unit of service and/or merchandise is priced separately.

Person

any individual, partnership, corporation, association, government or governmental subdivision or agency, or other entity.

Tying arrangements

exist when a seller requires the purchase of unwanted items/services in order to obtain the desired item/service.

Free items

none of the 16 items required to be separately itemized on the GPL can be listed as free or no charge. Items not required by the rule can be listed as free.

Casket

rigid container which is designed for the encasement of human remains and which is usually constructed of wood, metal, fiberglass, plastic, or like material, and ornamented and lined with fabric. [16 CFR 453.1(c)]

Funeral Ceremony

service commemorating the deceased with the body present. (16 CFR 453.1(m); see also BM 2-16, Funeral Service)

Exigent circumstances

situation requiring immediate action or urgency; FTC recognizes that funeral provider might embalm without permission. (see NFDA FTC Amended Funeral Rule Compliance Manual and 453.5(a)(3) for examples)

Federal Trade Commission (FTC)

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

Cash Advance items

any item of service or merchandise described to a purchaser as a "cash advance," "accommodation," "cash disbursement," or similar term. A cash advance item is also any item obtained from a third party and paid for by the funeral provider on the purchaser's behalf. Cash advance items may include, but are not limited to: cemetery or crematory services; pallbearers; public transportation; clergy honoraria; flowers; musicians or singers; nurses; obituary notices; gratuities and death certificates. [16 CFR 453.1(b)]

Crematory

any person, partnership or corporation that performs cremation and sells funeral goods.[16 CFR 453.1(f)]

Funeral provider

any person, partnership or corporation that sells or offers to sell funeral goods and funeral services to the public. [16 CFR 453.1(i)]

Funeral services

any services which may be used to: (1) care for and prepare deceased human bodies for burial, cremation or other final disposition; and (2) arrange, supervise or conduct the funeral ceremony or the final disposition of deceased human bodies. [16 CFR 453.1(j)]

Non-declinable service fee

basic services is the only fee which the consumer cannot decline (unless state or local law requires otherwise). Funeral Provider should recover expenses for services, facilities or unallocated overhead in this charge.

Services of Funeral Director and Staff

basic services, not to be included in prices of other categories in Section 453.2(b)(4), that are furnished by a funeral provider in arranging any funeral, such as conducting the arrangements conference, planning the funeral, obtaining necessary permits, and placing obituary notices. [16 CFR 453.1(p)]

Graveside service

ceremony commemorating the deceased at place of final disposition (see also Committal service, FD Glossary, BM 2).

Memorial Service

ceremony commemorating the deceased without the body present. [16 CFR 453..1(l)) (see also SS 1-7)

Casket handling fees

charge, fee or surcharge applied to consumers who purchase their casket elsewhere from a source other than the price list/funeral provider.

Effective date

date that the specific Price List was put into use.

Immediate burial

disposition of human remains by burial, without formal viewing, visitation, or ceremony with the body present, except for a graveside service. [16 CFR 453.1(k)]

Direct cremation

disposition of human remains by cremation, without formal viewing, visitation, or ceremony with the body present. [16 CFR 453(g)]

Third party merchandise

funeral goods consumers purchase from a source other than the price list/funeral provider.

Telephone price disclosure

funeral provider must give consumers who call accurate information from the price lists and answer questions about offerings and prices with readily available information.

Funeral goods

goods which are sold or offered for sale directly to the public for use in connection with funeral services [16 CFR 453.1(h)].

Cremation

heating process which incinerates human remains. [16 CFR 453.1(e)]

Triggering event

occurrence of situation that requires certain action i.e. the triggering event for giving out the GPL is face-to-face meeting.

Receiving remains

one of the categories required to be itemized on the GPL (if the funeral provider offers the service). This involves services of the funeral provider after initial services have been provided by another firm at the locale of death. Funeral Rule requires package pricing of this service with a description of the components included.

Forwarding of remains

one of the categories required to be itemized on the GPL (if the funeral provider offers the service). This involves services of the funeral provider in the locale where death occurs and preparation for transfer to another funeral provider as selected by the family (consumer). Funeral Rule requires package pricing of this service with a description of the components included.

Alternative Price Lists

price lists which may be prepared for use in certain limited situations such as children/infants, for government agencies to provide for indigent persons, for agreements with religious groups, burial or memorial societies for members of their group

General Price List (GPL)

printed or typewritten list of goods and services offered for sale by a funeral provider with retail prices. GPL is considered the keystone of the Funeral Rule.

Outer Burial Container Price List (OBC PL)

printed or typewritten list of outer burial containers normally offered for sale by the funeral provider which do not require special ordering. OBC PL must include retail price and enough descriptive information to enable consumers to identify the merchandise.

Casket Price List (CPL)

printed or typewritten list of the casket and alternative containers normally offered for sale by the funeral provider which do not require special ordering. CPL must include retail price and enough descriptive information to enable consumers to identify the merchandise.

Commission

refers to the Federal Trade Commission. [16 CFR 453.1(d)]

Alternative container

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 and which is made of fiberboard, pressed-wood, composition materials (with or without an outside covering) or like materials. [16 CFR 453.1(a)]

Package pricing

use of a single dollar amount to identify the charge for a group or bundle of goods and/or services. (see also BM 3-22)