list if a container is temporarily out-of-stock. You can simply tell the consumer which container is not available when you give the Using the OBC Price List You must show this price list to all persons asking about outer burial containers or their prices. You must offer this price list when you begin to discuss outer burial containers, but before showing the containers . Consumers 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. Note, however, that many states have regulations regarding the manner of display.) Again, it is not enough for you to tell consumers about price information or to place price cards on top of individual containers or models of containers. You can use individual price cards, but only in addition to an OBC Price List. Unlike the
consumer the OBC Price List. (See also Sample 3: OBC Price List, at the end of this course.)
GPL, you do not have to give the OBC Price List for retention. However, you may do so if you wish. Some funeral providers present their outer burial container selections through a book containing photographs of the various containers offered for sale. If you choose this approach, you must incorporate all the information required for the OBC Price List into the book. In addition to using an OBC Price List as described above, you must show this price list to anyone who wishes to modify the particular container already purchased under a pre- need contract. Note : The Rule does not address the manner or timing of payment. That is between you and the customer. If arrangements are made over the telephone, you should give the consumer the Statement at the earliest possible date. Example : On Wednesday evening, Mrs. Shelley calls you to make funeral arrangements for her father and tells you that she will come to the funeral home on Thursday morning to finalize such arrangements. When Mrs. Shelley arrives the next morning, you should give her the required GPL and confirm the arrangements made. Then, once you finalize the arrangements, you should give Mrs. Shelley the Statement. If a consumer makes all funeral arrangements by telephone, 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. The Rule requires you to include cost information and specific disclosures on the Statement. ● 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. (See also the Cash Advance Items section, under Disclosures, below.) Cash advance items 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. If you don’t know the price of a particular cash advance item, you should enter a good faith estimate. However, you should give a written statement of the actual charges before the final bill is paid. Finally, you must give the consumer the total cost of the arrangements selected (individual goods and services plus cash advance items). 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. 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.
STATEMENT OF FUNERAL GOODS AND SERVICES SELECTED: COST INFORMATION AND DISCLOSURES
The Statement of Funeral Goods and Services Selected (Statement) is an itemized list of the 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. The Rule does not require any specific form, heading or caption on the Statement. The information required on the Statement, described below, can be included on a contract or any other document that you give to customers 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. You must give each consumer a completed Statement at the end of the arrangements discussion. 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. Cost information You should list all of the individual goods and services that the consumer will purchase, together with the price for each item. You cannot simply lump together goods and services that are listed separately on the GPL. Example : Your Statement would violate the Rule if it listed only three broad categories for “Services,” “Facilities,” and “Automotive Equipment.” You may still offer funeral packages, as long as they are offered in addition to, not in place of, 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, and state the package price. You also must list each cash advance item separately on the Statement, together with the price for each item. Cash advance items are items of service or merchandise that: Disclosures You must place the following three disclosures on your Statement. They should be set out, word-for-word, exactly as the Rule prescribes. 1. Legal Requirements. The 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.
Book Code: FTX1624
Page 75
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