The Federal Trade Commission and the Funeral Rule
December 24, 2011 By The Law Offices of James A. Miller
Unfortunately, many complaints filed by consumers alleging deceptive trade practices or illegal contracts involve senior citizens.
Even the elderly and destitute are not immune to consumer scams, and often, fraudulent companies target elderly individuals. To help consumers, including elderly consumers, against deceptive trade practices, the federal government enacted federal laws protecting them and illegalizing certain types of transactions and sales practices.
Types of deceptive scams targeting senior citizens include fraudulent contracts for funeral services and goods and trust scams. This article covers the first type of fraudulent practice. The Federal Trade Commission enforces the Funeral Rule. The Funeral Rule protects consumers from purchasing funeral products and services on an as needed and individual basis. The rule prohibits funeral service providers from selling package-only deals. Furthermore, the commission requires that funeral providers give consumers itemized receipts reflecting the actual costs for their services and goods.
Congress enacted the Funeral Rule in response to rising numbers of consumer complaints against funeral service providers. Noting the fragile emotional states of consumers who are purchasing funeral services and goods, Congress sought to prevent funeral service providers from taking advantage of their fragile emotional states by selling them unnecessary services and goods.
The federal Funeral Rule also allows consumers to see written price lists of casket and burial container prices through general price lists or GSLs. Funeral service providers are required to give consumers a written statement itemizing each purchased good and service. Providers must disclose their pricing information during telephone calls from prospective consumers when asked. Consumers have a right to purchase their caskets and urns from other sellers of funeral products and services and purchase funeral embalming services or handling services. As such, the federal government eliminates tying arrangements by funeral directors seeking to tie their products and services in packages.
Funeral service providers may not require that consumers purchase embalming services since states generally do not require them for decedents. Instead, in the few states that require embalming services, they only require them when bodies are not cremated or buried within a few days.
ABOUT THE AUTHOR: James Miller
Experienced estate planning attorneys Worcester MA of the Law Offices of James A. Miller estate planning and business planning resources to residents of Worcester MA.
Copyright The Law Offices of James A. Miller
More information about The Law Offices of James A. Miller
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Types of deceptive scams targeting senior citizens include fraudulent contracts for funeral services and goods and trust scams. This article covers the first type of fraudulent practice. The Federal Trade Commission enforces the Funeral Rule. The Funeral Rule protects consumers from purchasing funeral products and services on an as needed and individual basis. The rule prohibits funeral service providers from selling package-only deals. Furthermore, the commission requires that funeral providers give consumers itemized receipts reflecting the actual costs for their services and goods.
Congress enacted the Funeral Rule in response to rising numbers of consumer complaints against funeral service providers. Noting the fragile emotional states of consumers who are purchasing funeral services and goods, Congress sought to prevent funeral service providers from taking advantage of their fragile emotional states by selling them unnecessary services and goods.
The federal Funeral Rule also allows consumers to see written price lists of casket and burial container prices through general price lists or GSLs. Funeral service providers are required to give consumers a written statement itemizing each purchased good and service. Providers must disclose their pricing information during telephone calls from prospective consumers when asked. Consumers have a right to purchase their caskets and urns from other sellers of funeral products and services and purchase funeral embalming services or handling services. As such, the federal government eliminates tying arrangements by funeral directors seeking to tie their products and services in packages.
Funeral service providers may not require that consumers purchase embalming services since states generally do not require them for decedents. Instead, in the few states that require embalming services, they only require them when bodies are not cremated or buried within a few days.
ABOUT THE AUTHOR: James Miller
Experienced estate planning attorneys Worcester MA of the Law Offices of James A. Miller estate planning and business planning resources to residents of Worcester MA.
Copyright The Law Offices of James A. Miller
More information about The Law Offices of James A. Miller
View all articles published by The Law Offices of James A. Miller
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
