FTC Funeral Rule 11-17 Flashcards

1
Q

In certain limited situations, you may use these.

  • Even if you use these, you must comply with all Rule provisions, including mandatory disclosures and itemized prices.
A

Alternative Price Lists

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2
Q
  1. Children and Infants
  2. Government Agencies
  3. Religious Groups and Memorial Societies
A

Situations for Alternative Price Lists

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3
Q

You can list different fees in two ways:

  1. Place these items on your General Price List, Casket Price List and Outer Burial Container Price List, along with your regular offerings.
  2. You can prepare separate price list for these arrangements. If you prepare separate price lists, you need not give them out to anyone except those persons inquiring bout a funeral for a child or an infant.
A

Children and Infants

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4
Q

Some funeral providers enter into agreements with these to provide funeral arrangements for indigent persons (or other persons entitled to the benefit). When entering into such arrangements, you must follow all Rule requirements, including giving price lists to this at the time you make or discuss such arrangements.

  • You can add the prices for these special situations to your regular price list or prepare a separate price list (which does not need to go to anyone except for these or persons who qualify for special arrangements).
A

Government Agencies

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5
Q

Some government agencies choose to contract for funeral arrangements on a ___ basis. You can offer funeral arrangements to anyone- including a government agency- on a ______ basis, as long as the funeral _______ is offered in addition to, not in place of, itemized prices.

  • When qualifying persons inquire about these ___ funeral arrangements, you should still provide the GPL, with itemized prices and disclosures, and comply with all other Rule requirements at this time.
A

Package

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6
Q

You should check with these to determine whether arrangements handled as part of an agreement with a government agency can be supplemented or modified by qualifyng persons.

A

State Laws

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7
Q

You are free to enter into such arrangements, but you must still comply with the Rule’s requirements. You must provide price lists to representatives of these groups when they inquire in-person about funeral arrangements on behalf of their members. In addition, if an individual group member inquires in-person about funeral arrangements, you must provide the individual with your price lists. Even if a member chooses a package available only to society members, the member must have the opportunity to look at your price lists. You can either have separate price lists for qualifying members or include such prices on your regular price lists.

A

Religious Groups and Memorial Societies (or burial societies)

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8
Q

If you do not list the retail price of each casket on your General Price list, you must prepare a separate printed or typewritten ____ ___ ____ (___).

A

Casket Price List (CPL)

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9
Q
  • The name of your business
  • The caption “Casket Price List”
  • The effective date for the Casket Price List
  • The retail price of each casket and alternative container that does not require special odering, with enough information to identify it.
A

Information to be Included on the Casket Price List

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10
Q

You must give enough ________ information about each casket on the CPL to enable customers to identify the specific casket or container and understand what they are buying.

  • exterior appearance
  • exterior trim
  • interior fabric
  • can give other information, such as a photograph or manufacturer name and model number but this alone is not sufficient under the Rule.
A

Descriptive

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11
Q

You need list only those caskets that you _____ ____ for sale that do not require special ordering, as well as alternative containers you offer for direct cremation.

A

Usually Offer

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12
Q

Purchasing a casket or container that is not in stock and not part of your regular offerings to your customers.

A

Special Ordering

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13
Q

Except for the requirement that you make an alternative container available if you offer direct cremation, the Rule does not require you to offer any particular caskets or alternative containers. However, both caskets and alternative containers should be listed on the CPL.

A

You Should not Have a Separate List for Alternative Containers

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14
Q

The rule does not require you to list the caskets or containers that you offer in any ___ _____ or order.

A

Particular Format

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15
Q

Can be in any form, including in a notebook or on a chart, as long as it contains the reiqured information, displayed in a clear and ________ manner.

A

Conspicious

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16
Q

You do not have to include ____ caskets on your CPL, or list caskets that you keep in your inventory to fill pre-existing contracts, but which you no longer regularly offer for sale.

A

Customized

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17
Q

You do not need to prepare a new price list if a casket or container is _____ out-of-stock. You can simply tell the customer which casket is not available when you give the customer the CPL.

A

Temporarily

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18
Q

If a particular casket is available in a _____ of interior materials and designs or exterior hardward and finishes, you can simply note that face on the Casket Price List; you need not list a ______ separately.

A

Variety

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19
Q
  • You must show this to anyone who asks in person about the caskets or alternative containers that you offer or inquires about their prices.
  • You must offer this when you begin discussing caskets or alternative containers- but before showing these items.
  • Customers must be able to look at the price list before discussing their options or seeing the actual caskets.
  • You do not have to give this to customers to keep, but you may do so if you wish.
A

Using the Casket Price List

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20
Q

Customers should not ___ learn of casket prices by entering the casket showroom and reading price cards placed on individual caskets or by having the funeral director recite such information orally.

  • You can use individual price cards, but only in addition to the Casket Price List.
A

First

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21
Q

The Rule does not require that you ____ the caskets in any specific order. However, many states have regulations regarding the manner of ___). The rule does not require that you ___ any caskets.

A

Display

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22
Q

Some funeral providers present their selections through a book containing photographs of the various caskets offered for sale. In this case, you must ______ in the book all the information required for the CPL, including the heading “Casket Price List.”

A

Incorporate

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23
Q

You must offer the CPL when the discussion of caskets begins. If you begin discussing caskets in your place of business, you must offer the Casket Price List at that time. However, if you do not begin discussing caskets until you arrive at the manufacturer’s or supplier’s showroom, you do not have to show a CPL until you arrive and the discussion begins.

A

Using a Manufacturer’s or Suppliers Casket Showroom Outside of the Funeral Home

24
Q

You must show a Casket Price List to anyone who wishes to ____ the particular casket already purchased under a pre-need contract.

A

Modify

25
Q

If you sell outer burial containers and do not list the retail price of ecah such container on your General Price List, you must prepare a separate printed or typewritten ____ ___ ___ ___ ___.

A

Outer Burial Container Price List (OBC Price List)

26
Q

Refers to any container designed to be placed around the casket in the grave. Such containers may include burial vaults, grave boxes, and grave liners.

A

Outer Burial Container

27
Q

Must contain the following basic information:

  • The name of your business
  • The caption “Outer Burial Container Price List.”
  • The effective date of the price list
  • The retail price of each outer burial container you offer that does not require special ordering, with enough information to identify the container
  • Disclosure
A

Information to be Included on the OBC Price List

28
Q

[In most areas of the country][S]tate or local law does not require that you buy a container to surround the casket in the grave. 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.

  • Delete “in most areas of the country” from the disclosure if your state or local law does not require a container to surround the casket in the grave.
A

Outer Burial Container Disclosure

29
Q
  • Enough information on your OBC Price List to enable customers to identify the specific container.
A

Descriptive Information

30
Q
  • You need list only those containers that you usually offer for sale and that do not require special ordering.
  • Does not require you to offer any particular outer burial containers, or any outer burial containers at all.
A

Offering Outer Burial Containers

31
Q

The Rule does not require listing the containers that you offer in any particular order. The OBC Price List can be in any form, includng a notebook or on a chart, as long as it contains the required information, including the heading “Outer Burial Container Price List,” displayed in a clear and conspicious manner.

A

Listing the Outer Burial Containers

32
Q

You do not have to list containers that you keep in your inventory to fill existing _____ ____, but which you no longer regularly offer for sale. Nor is it necessary to prepare a new price list if a container is temporarily out of stock. You can simply tell the consumer which container is not available when you give the customer the OBC Price List.

  • You must show the OBC Price List to anyone who wishes to modify the particular container already purchased under a ______ _____.
A

Pre-Need Contracts

33
Q

You must show this price list to all persons asking about other burial containers. You must offer this price list when you begin to discuss outer burial containers, but before showing the containers. Customers must be able to look at the price list before discussing their options or seeing the actual containers. (The rule does not require that you display outer burial containers in any specific manner, however, many states have regulations regarding the manner of display).

A

Using the OBC Price List

34
Q

It is not enough for you to tell customers about price information or to place ___ ___ on top of individual containers or models of containers. You can use individual price cards, but only in addition to the OBC price list. Unlike the GPL, you do not have to give the OBC Price List for retention. However, you may do so if you wish.

A

Price Cards

35
Q

You can use this approach, but you must incorporate all the information required for the OBC Price List in the book.

A

Outer Burial Container Selections Through a Book

36
Q

An itemized list of te goods and services that the consumer has selected during the arrangements conference. The statement allows consumers to evaluate their selections and to make any desired changes.

A

The Statement of Funeral Goods and Services

37
Q

The Rules does not require any specific form, heading or caption on the statement. The information required on the statement can be included on a contract of any other document that you give to cusomers at the conclusion of the arrangements discussion. The categories of goods and services listed on the statement (or other similar document) should generally correspond to the items listed on the GPL, so that customers can easily compare the two documents.

A

Statement of Funeral Goods and Services Selected

38
Q

You must ive each consume a completed Statement at _______________. If arrangements are made in person, you should give the Statement at this time. Giving a consumer a copy of the statement at the funeral or mailing it to the consumer at some later date does not meet the requirements of the Rule.

A

The End of the Arrangements Discussion

39
Q

The Rule does not discuss the manner or timing of _____. That is between you and the customer.

A

Payment

40
Q

If arrangements are made over the telephone, you should give the consumer the Statement at the:

  • If a consumer makes all funeral arrangements by telephoe, you should make a reasonable attempt to give a completed Statement to the consumer before a final disposition of the remains occurs. If the consumer does not visit the funeral home in person before the final disposition, you should still give or send a completed Statement to the consumer as soon as possible.
A

Earliest Possible Date

41
Q

The rule requires you to include ____ ____ and ___ ____ on the Statement.

A

Cost Disclosures and Specific Disclosures

42
Q

You should list all of the individual goods and services that the customer will purchase, together with the price for each item. You cannot simply lump together goods and services that are listed separtely on the GPL.

A

Cost Information

43
Q

You may still offer funeral packages, as long as they are offered __ _______ __, ___ __ _____ __, itemized prices. If the consumer selects a package (after you offer itemized prices), your Statement should describe the package, listing individually each of the goods and services included in the package, ad state the package price.

A

In Addition to, Not in Place of

44
Q

You also must list each cash advance item _____ on the Statement, together with the price for each item.

A

Separately

45
Q

Merchandise that:

  • Are described to a consumer as a “cash advance,” “accommodation,”“cash disbursement.” or by any similar term, or
  • You obtain from a third party and pay for on the consumer’s behalf.
A

Cash Advance Items

46
Q

May include such things as cemetery or crematory services, pallbearers, public transportation, clergy honoraria, flowers, musicians or singers, nurses, obituary notices, gratuities, and death certificates.

A

Cash Advance Items

47
Q

If you don’t know the price of a particular cash item, you should enter a good faith estimate. However, you should give a written statement of the ____ _____ before the final bill is paid.

A

Actual Charges

48
Q

Individual goods and services plus cash advance items.

A

Finally, you must give the consumer the total cost of the arrangements selected

49
Q
  • Legal Requirements
  • Embalming
  • Cash Advance Items
A

3 Disclosures to Include on the Statement of Funeral Goods and Services

50
Q

First Disclosure, states that you will charge consumers only for the items they have selected and that you will explain any legal, cemetery, or crematory requirements in writing.

  • The form should leave enough space for you to identify and explain in writing any legal, cemetery, or crematory requirement that compels the consumer to purchase a specific funeral good or service. You should enter this information on the Statement before it is given to the customer.
A

Legal Requirements

51
Q

Charges are only for those items that you selected or that are required. If we are required by law or by a cemetery or crematory to use any items, we will explain the reasons in writing below.

A

Legal Requirements Disclosure

52
Q

The second disclosure relates to emabalming and the need for prior approval.

  • The form should leave enough space for you to explain the reason for embalming. You should enter the information on the statement before giving it to the customer.
A

Embalming

53
Q

If you selected a funeral that may require embalming, such as a funeral with viewing, you may have to pay for embalming. You do not have to pay for embalming you did not approve if you selected arrangements such as direct cremation or immediate burial. If we charged for embalming, we will explain why below.

A

Embalming Disclaimer

54
Q

The third disclosure relates to your charges for your services in buying cash advance items. If you charge for purchasing a cash advance item, or if you recieve and retain a rebate, commission, or trade or volume discount for a cash advance item, you must make the disclosure.

  • You must place the disclosure 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 should not put the disclosure on a separate page or elsewhere on the statement apart from the list of itemized cash advance items.
A

Cash Advance Items

55
Q

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

A

Cash Advance Items Disclosure