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FTC/Funeral Rule

The Top 10 Funeral Rule Compliance Issues

Originally published in the Memorial Business Journal – May 28, 2015

By T. Scott Gilligan, NFDA General Counsel

During a recent FTC Funeral Rule teleconference that included me and Craig Tregillus, FTC Funeral Rule coordinator, as presenters, several important compliance issues were discussed. From the two-hour seminar, we were able to distill the following list of the top 10 tips to assist NFDA members in staying in compliance with the Funeral Rule:

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FTC Revises Consumer Brochures

Posted: April 6, 2014

Resources available to help funeral professionals comply with the Funeral Rule

The Federal Trade Commission has revised two brochures to help consumers make funeral choices either in advance or at time of need. "Paying Final Respects" summarizes consumer rights under the FTC's Funeral Rule. "Shopping for Funeral Services" provides a detailed guide to various kinds of funeral goods and services and includes a pricing checklist, glossary and contact information for national organizations. The consumer brochures are available in English and Spanish. The FTC also has compliance information for funeral service professionals, available at Printed copies of the consumer brochures and compliance brochure for funeral professionals can be ordered at no cost from the FTC website.

FTC Staff Issues New Funeral Rule Advisory Letters

Posted: January 25, 2013

by: T. Scott Gilligan, NFDA general counsel

The FTC recently posted four Funeral Rule Advisory Opinions on its website. Three of the Opinions are new, while one, which was initially issued back in 2011 and which NFDA asked the staff to reconsider, has been reissued in a revised form. The three new Opinions do not break any new ground and reaffirm, for the most part, long-held interpretations of the Funeral Rule previously issued by NFDA.

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FTC Staff Issues Opinion on Identification Fees

Posted: December 22, 2011

By: T. Scott Gilligan, NFDA General Counsel

The FTC Staff issued an Opinion Letter on December 21, 2011, which holds that unless a funeral home is located in a state whose laws require identification prior to cremation, the funeral home may not require a family to purchase identification in order to obtain a cremation. NFDA disagrees with the opinion and will be filing a formal request with the FTC Staff to reconsider and withdraw this opinion.

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Are You Getting Price Inquiries From Funeral Concierge Services?

Posted June 14, 2011

In recent weeks, NFDA members have reported receiving price inquiries by phone from funeral concierge services, such as Everest Funeral Package. Companies like this obtain price information from funeral homes and sell it to consumers who use the information to compare funeral pricing information in their area.

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