Take this pop quiz to test your knowledge about what is, and isn't, permitted
As reported in the July 2000 Issue of the Bulletin MFDA learned that the FTC was supposed to
make surprise undercover inspections in Minnesota to ensure that funeral directors were
complying with the Funeral Rule. Regardless of whether the sting operations occur, all
licensed funeral directors are required to comply with the Rule at all times. This pop quiz
may refresh your knowledge by providing real-life scenarios in which the Rule must be
applied.
Scott Gilligan, the National Funeral Directors Association's General Counsel, developed this
information.
Questions
:
1. Because of a rash of crank calls, a funeral home adopts a policy that will not discuss price
or provide product information over the telephone unless the telephone caller identifies
himself. Is this policy permitted under the Funeral Rule?
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2. A funeral home uses a non-licensed caretaker after 6:00 p.m. to answer the phone. Is the
caretaker required to provide price information over the telephone to callers who ask for it?
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3. A consumer calls and asks a funeral home to mail its General Price list to him. Does the
Funeral Rule require the funeral home to do so?
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4. During a removal, a funeral director requests permission to embalm the body and informs the
family that embalming is not required by law. Does the request for permission to embalm trigger
the requirement to give the family a General Price List?
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5. During a removal, a family asks the funeral director whether her funeral home offers cremation.
Does this inquiry trigger the requirement to distribute a General Price List?
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6. A funeral director making at-need arrangements first asks the family about information for the
obituary. Does the failure to distribute the General Price List at the beginning of the
arrangement conference violate the Funeral Rule?
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7. A funeral home places its General Price List on a table in the arrangement office. Has the
funeral home complied with the General Price List distribution requirements of the Rule since the
GPL is readily available to the family?
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8. Four family members attend the funeral arrangement conference, but the funeral director only
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9. At the arrangement conference, the funeral home distributes to family members its General Price
List enclosed in a transparent plastic cover. Does this violate the Funeral Rule?
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10. A funeral home places its Casket Price List and its Outer Burial Container Price List in a
binder that is presented to each family member before they see the caskets. Is this permissible
under the Funeral Rule?
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11. A funeral home prefers to use price cards in each casket in lieu of a printed casket price list. May the funeral home do so under the Rule?
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12. Your competitor comes to the funeral home and demands a copy of your General Price List. You know he just wants to compare your prices for the purpose of undercutting them. Can you refuse to provide him with the GPL?
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13. A funeral director addresses a senior citizens group regarding funeral practices. A member of the audience asks questions about funeral goods and services. Does the funeral director have to distribute a General Price List as part of her presentation?
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14. A shopper visits the funeral home for price information, but does not wish to see a funeral director. May the funeral home require the consumer to see a funeral director in order to receive a General Price List?
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15. To protect itself, a funeral home requires shoppers to sign a disclosure form acknowledging that they received a General Price List. Is this procedure permissible under the Funeral Rule?
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16. A shopper receives a General Price List from the funeral home's receptionist who is not a licensed funeral director. If the consumer has questions and a funeral director is not available to meet with the consumer, does the Funeral Rule require the receptionist to provide the requested information?
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17. An individual has previously purchased a preneed contract. When the individual dies, her family meets with the funeral director to confirm the arrangements. The family does not wish to change any goods and services purchased under the contract. Must the funeral director provide the family with a General Price List during these arrangements?
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18. A preneed sales counselor meets with a family at their home. As part of her sales presentation, she first explains the various goods and services offered by the funeral home. If the family is interested in making arrangements, she then presents them with a General Price List and makes arrangements. Is this practice permissible under the Funeral Rule?
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19. At the end of a funeral arrangement conference, the funeral director provides the family with a copy of the Statement of Funeral Goods and Services selected. However, he fails to have the family sign the statement. Has he violated the Funeral Rule?
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20. An individual from out of state telephones a funeral home to make arrangements for the body of his mother to be shipped to him. The family member never meets the funeral director at a face-to-face meeting. Must the funeral director send the family member a Statement of Funeral Goods and Services Selected through the mail?
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21. A consumer informs the funeral director that the family will be using a third-party casket from ABC Casket. ABC Casket delivered the wrong casket to the funeral home the previous week. Because of this prior incident, the funeral director insists that a family member be present when ABC Casket delivers the casket. Has the funeral director violated the Funeral Rule?
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22. A third-party casket company delivers a casket and the funeral director notes an the Receipt of Third Party Merchandise form that one of the sides is dented, If the delivery man refuses to sign the receipt, may the funeral director refuse to accept delivery?
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23. A funeral home charges casket setup fee that covers the cost of taking delivery of a casket,
unpacking and inspecting it and placing it in the funeral home. This charge is incorporated into the price of each casket sold by the funeral home, but is charged separately for third-party caskets brought into the funeral home. Is this a permissible charge under the Funeral Rule?
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24. A consumer making preneed arrangements for his own funeral indicates to the funeral director that he has previously purchased a third-party casket. Does the Funeral Rule prohibit the funeral director from attempting to sell a casket to the consumer under these circumstances?
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25. A funeral home has discount package funerals, but restricts the offering of the package only to consumers who purchase a casket from the funeral home. Is this permissible under the Funeral Rule?
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26. A funeral home with a $1,000 non-declinable service fee reduces the fee to $800 if a consumer purchases a casket from the funeral home. Is this pricing scheme permissible under the Funeral Rule?
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27. A funeral home doubles the price of all of its itemized goods and services so that a traditional funeral would cost approximately $8,000. it then assembles a traditional funeral package that it offers for only $4,000. However, the package is only available to consumers who purchase a casket from the funeral home. Is this permissible?
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28. A funeral home offers a discount package. A consumer purchasing the package does not want one of the services included in the package. Must the funeral director provide the consumer with a reduction in the package price for the unwanted item?
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29. A consumer is using your competitor for the funeral, but wants to buy one of your caskets because they are cheaper. May you refuse to sell the casket to the consumer?
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30. A third-party supplier has delivered a casket to your funeral home that is about to fall apart. May you refuse to use the third-party casket if you believe it will not safely hold the body?
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