§ 453.8 Declaration of Intent (a) Except as otherwise provided in § 453.2(a), it is a violation of this rule to engage in any unfair or deceptive acts or practices specified in this rule, or to fail to comply with any of the preventive requirements specified in this rule; (b) The provisions of this rule are separate and severable from one another. If any provision is determined to be invalid, it is the Commission’s intention that the remaining provisions shall continue in effect. (c) This rule shall not apply to the business of insurance or to acts in the conduct thereof. § 453.9 State Exemptions If, upon application to the Commission by an appropriate state agency, the Commission determines that: (a) There is a state requirement in effect which applies to any transaction to which this rule applies; and (b) That state requirement affords an overall level of protection to consumers which is as great as, or greater than, the protection afforded by this rule; then the Commission’s rule will not be in effect in that state to the extent specified by the Commission in its determination, for as long as the State administers and enforces effectively the state requirement. news-events/news/press-releases/2022/12/ftc-extends-public-comment-period-potential- funeral-rule-changes-january-17-2023 Federal Trade Commission. (2023). Complying with the Funeral Rule. [For consumers]. Retrieved on June 4, 2023, from https://www.ftc.gov/system/files/ftc_gov/pdf/565A_ Complying%20with%20Funeral%20Rule_2023_508.pdf Funeral Consumers Alliance. (2022). How you can help improve the FTC funeral rule . Retrieved on June 8, 2023, from https://funerals.org/2022/10/24/how-you-can-help- improve-the-ftc-funeral-rule/ Justia. (2023). Regulations: Public workshop examining potential amendments to the Funeral Rule, 33011-33013 [2023-10815]. Retrieved on June 9, 2023, from https:// regulations.justia.com/regulations/fedreg/2023/05/23/2023-10815.html National Archives. (n.d.). Code of Federal Regulations: Title 16, Chapter I, Subchapter D, Part 453. Retrieved on June 7, 2023, from https://www.ecfr.gov/current/title-16/chapter-I/ subchapter-D/part-453 Stalter, B. (2022, November 16). The FTC’s seven areas of concern: Funeral Rule revisions. Stalter Legal Services, LLC . Retrieved on June 8, 2023, from https://www.deathcarelaw. com/2022/11/articles/compliance/the-ftcs-seven-areas-of-concern-funeral-rule-revisions/
selected, required by § 453.2(b)(5), the statement: “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 a direct cremation or immediate burial. If we charged for embalming, we will explain why below.” § 453.6 Retention of Documents To prevent the unfair or deceptive acts or practices specified in § 453.2 and § 453.3 of this rule, funeral providers must retain and make available for inspection by Commission officials true and accurate copies of the price lists specified in §§ 453.2(b)(2) through (4), as applicable, for at least one year after the date of their last distribution to customers, and a copy of each statement of funeral goods and services selected, as required by § 453.2(b) (5), for at least one year from the date of the arrangements conference. § 453.7 Comprehension of Disclosures To prevent the unfair or deceptive acts or practices specified in § 453.2 through § 453.5, funeral providers must make all disclosures required by those sections in a clear and conspicuous manner. Providers shall not include in the casket, outer burial container, and general price lists, required by §§ 453.2(b)(2)- (4), any statement or information that alters or contradicts the information required by this Part to be included in those lists. Adams, E. C., & Nerlinger, S. (2022, May 27). Understanding the Funeral Rule. LegalMatch . Retrieved on June 4, 2023, from https://www.legalmatch.com/law-library/article/the-funeral- rule.html Benincasa, R. (2022, October 26). Funeral homes could soon have to post prices online. NPR. Retrieved on June 8, 2023, from https://www.npr.org/2022/10/26/1131038577/ funeral-homes-could-soon-have-to-post-prices-online Fair, L. (2023, May 17). Proposed Funeral Rule changes under consideration at September workshop. Federal Trade Commission . Retrieved on June 8, 2023, from https://www.ftc. gov/business-guidance/blog/2023/05/proposed-funeral-rule-changes-under-consideration- september-workshop Farmer, C. (2023, January 2). NFDA News: FTC review of the Funeral Rule: What NFDA is doing and how we need your help! National Funeral Directors Association . Retrieved on June 9, 2023, from https://nfda.org/news/in-the-news/nfda-news/id/6678/ftc-review-of-the- funeral-rule-what-nfda-is-doing-andhow-we-need-your-help Federal Trade Commission. (n.d.) Complying with the Funeral Rule . [For funeral professionals]. Retrieved on June 4, 2023, from https://www.ftc.gov/business-guidance/ resources/complying-funeral-rule References Federal Trade Commission. (2022). FTC extends public comment period on potential funeral rule changes to January 17, 2023 . Retrieved on June 8, 2023, from https://www.ftc.gov/ a. True. b. False. 36. You must comply with the Rule even if a particular consumer buys only goods or only funeral services, but not both? a. True. b. False. 37. You do not have to give out a GPL to consumer groups, journalists, or competitors if requested? 38. You must give the GPL to anyone who asks, in person, about funeral goods, funeral services, or the prices of such goods or services? a. True. b. False. 39. The triggering event for giving out the GPL is a face-to-face a. True. b. False.
THE FUNERAL RULE Final Examination Questions Select the best answer for each question and mark your answers on the Final Examination Answer Sheet found on page 115, or complete your test online at EliteLearning.com/Book 35. If you violate the Funeral Rule, you may be subject to penalties of up to $5,000?
40. A verbal offer of GPL is sufficient to comply with the Rule? a. True. b. False. 41. You must give out a GPL in all pre-need situations? a. True. b. False. 42. There are 10 specified items of goods and services you must list on the GPL?
a. True. b. False.
43. If you offer alternative price lists, you may not be bound by the Rule regarding mandatory disclosures and itemized prices?
a. True. b. False.
44. If you do not list the retail price of each casket on your General Price List, you must prepare a separate printed or typewritten Casket Price List (CPL)?
a. True. b. False.
meeting? a. True. b. False.
Course Code: FTX03FR
Book Code: FTX1624
Page 85
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