Price ListsPrice ListsGeneral Price ListGeneral Price List

16 CFR 453.2(b) (4)16 CFR 453.2(b) (4)

Supplement p. 131Supplement p. 131

General Price ListGeneral Price List

Keystone of the Funeral Rule.Keystone of the Funeral Rule. Itemization is the central provision.Itemization is the central provision. May be printed or typewritten.May be printed or typewritten. Must be given for retention.Must be given for retention. Triggering events:Triggering events:

1) prices of funeral 1) prices of funeral goods/servicesgoods/services

2) overall type of funeral service2) overall type of funeral service3) specific funeral goods/services3) specific funeral goods/services

Triggering Events (cont’d)Triggering Events (cont’d)

Applies whether the discussion takes Applies whether the discussion takes place in the FH or elsewhere.place in the FH or elsewhere.

An “in-person” request to embalm is An “in-person” request to embalm is not a triggering event by itself.not a triggering event by itself.

Any other discussion during the Any other discussion during the removal is a “triggering event”.removal is a “triggering event”.

General Price List FormatGeneral Price List Format

FH Name, address, telephone FH Name, address, telephone numbernumber

Heading: “General Price List”Heading: “General Price List” Effective date.Effective date. Print must be legible.Print must be legible. 16 required items can be in any 16 required items can be in any

order.order. Disclosure above the basic services Disclosure above the basic services

fee. fee.

16 Items of Itemization16 Items of Itemization

Must be listed on the GPL if offered Must be listed on the GPL if offered by the funeral home.by the funeral home.

Must include the dollar amount.Must include the dollar amount. Funeral homes need only list the Funeral homes need only list the

services they offer.services they offer. Additional services must be itemized.Additional services must be itemized. Package funerals must be offered in Package funerals must be offered in

addition to the required 16 items.addition to the required 16 items.

16 Goods and Services16 Goods and Services

1) Basic Services of the FD & Staff1) Basic Services of the FD & Staff– only fee that may be non-declinableonly fee that may be non-declinable

2) Embalming2) Embalming 3) Other Prep. of the Body3) Other Prep. of the Body 4) Use of Facilities & Staff for 4) Use of Facilities & Staff for

VisitationVisitation 5) Use of Facilities & Staff for Funeral 5) Use of Facilities & Staff for Funeral

CeremonyCeremony

16 Items (cont’d)16 Items (cont’d)

6) Use of Facilities & Staff for 6) Use of Facilities & Staff for Memorial ServiceMemorial Service

7) Use of Equipment & Staff for 7) Use of Equipment & Staff for Graveside ServiceGraveside Service

8) Transfer of Remains to FH8) Transfer of Remains to FH 9) Hearse9) Hearse 10) Limousine10) Limousine 11) Caskets Price Range11) Caskets Price Range

16 Items (cont’d)16 Items (cont’d)

12) Outer Burial containers12) Outer Burial containers 13) Forward of Remains to Another 13) Forward of Remains to Another

Funeral HomeFuneral Home 14) Receiving Remains from Another 14) Receiving Remains from Another

Funeral Home Funeral Home 15) Immediate Burials15) Immediate Burials 16) Direct Cremation16) Direct Cremation

Mandatory DisclosuresMandatory Disclosures

6 mandatory disclosures must 6 mandatory disclosures must appear on the GPLappear on the GPL

Prohibited from editing or modifying Prohibited from editing or modifying the mandatory disclosures.the mandatory disclosures.

Must be printed in a clear and Must be printed in a clear and conspicuous manner.conspicuous manner.

Can include additional information.Can include additional information.

Mandatory Disclosures (cont’d)Mandatory Disclosures (cont’d)

1) Right to select only goods and 1) Right to select only goods and services desired.services desired.

2) Embalming2) Embalming 3) Alternative Containers3) Alternative Containers 4) Basic Services Fee4) Basic Services Fee 5) Casket Price List5) Casket Price List 6) Outer Burial Container Price List6) Outer Burial Container Price List

Package FuneralsPackage Funerals

May assemble various goods and May assemble various goods and services and assign one price.services and assign one price.

May be offered as a discount.May be offered as a discount. Must be offered in addition to Must be offered in addition to

itemized pricing.itemized pricing. Must contain a full description of the Must contain a full description of the

goods and services offered.goods and services offered.

Distribution of GPLDistribution of GPL

Anyone who inquires in person.Anyone who inquires in person. 3 points of discussion that “trigger”3 points of discussion that “trigger” Must be given for retention.Must be given for retention. Request to embalm is not a “trigger”.Request to embalm is not a “trigger”. Not required to mail a GPL.Not required to mail a GPL.

Casket Price ListCasket Price List

16 CFR 453.2 (b) (2) 16 CFR 453.2 (b) (2) May be printed or typewritten.May be printed or typewritten. Must be presented to people who Must be presented to people who

inquire “in person”.inquire “in person”. Offer when discussing and before Offer when discussing and before

showing caskets.showing caskets.

CPL (cont’d)CPL (cont’d)

Retail prices of all caskets and Retail prices of all caskets and alternative containers “regularly” alternative containers “regularly” offered.offered.

FH name and caption “Casket PriceFH name and caption “Casket Price List” & identifying informationList” & identifying information Effective date.Effective date. Not required for retention.Not required for retention.

Computer Based Casket Computer Based Casket ProgramsPrograms

Information required by the Funeral Information required by the Funeral Rule must be displayed in a clear and Rule must be displayed in a clear and conspicuous manner.conspicuous manner.

Computer program must contain all Computer program must contain all caskets and containers “routinely caskets and containers “routinely offered” by the funeral home.offered” by the funeral home.

Price must be clear and conspicuous.Price must be clear and conspicuous. Disclosures must be on same screen Disclosures must be on same screen

as pictured merchandise.as pictured merchandise.

Outer Burial Container Price ListOuter Burial Container Price List

453.2 (b) (3)453.2 (b) (3) Printed or typewritten.Printed or typewritten. Must offer upon discussion of or before Must offer upon discussion of or before

showing the containers.showing the containers. FH name, “Outer Burial Container Price FH name, “Outer Burial Container Price

List”, effective date, identifying List”, effective date, identifying informationinformation

Must contain all product “regularly” Must contain all product “regularly” offered.offered.

Not required for retention.Not required for retention.

Statement of Funeral Goods and Statement of Funeral Goods and Services SelectedServices Selected

453.2 (b) (5)453.2 (b) (5) No specific format required.No specific format required. In NJ must conform to: 13:36-1.9In NJ must conform to: 13:36-1.9 Itemized statement of all funeral goods, Itemized statement of all funeral goods,

services and cash advances.services and cash advances. Mandatory disclosures:Mandatory disclosures:

1) legal and other requirements1) legal and other requirements2) embalming2) embalming3) cash advance items3) cash advance items

Embalming Embalming Requirements/ProvisionsRequirements/Provisions

3 conditions:3 conditions:– 1) state law requires it1) state law requires it

– 2) family gives permission2) family gives permission

– 3) exigent circumstances 3) exigent circumstances (3 conditions)(3 conditions)

Retention of DocumentsRetention of Documents

1 year after the date of the last 1 year after the date of the last distributiondistribution

SFGSS: 1 year from date of the SFGSS: 1 year from date of the arrangements conferencearrangements conference

NJ: 13:36-1.8 (7 years)NJ: 13:36-1.8 (7 years)

State ExemptionsState Exemptions

Federal Rule Offenders Federal Rule Offenders Program (1996)Program (1996)

1997: 44 funeral homes offered 1997: 44 funeral homes offered participation as an alternative to participation as an alternative to litigationlitigation

Administered by the FTC (NFDA Administered by the FTC (NFDA assisted in its development)assisted in its development)

““FTC Sweeps”FTC Sweeps” By 2010 more than 2400 funeral By 2010 more than 2400 funeral

homes have been inspectedhomes have been inspected 396 substantially non-compliant396 substantially non-compliant

During 2010, more than 140,000 During 2010, more than 140,000 consumers and business ordered consumers and business ordered copies of:copies of:– ““Paying Final Respects: Your rights Paying Final Respects: Your rights

when Buying funeral Goods and when Buying funeral Goods and Services”; “Funerals: A Consumer Services”; “Funerals: A Consumer Guide” and “Complying with the Funeral Guide” and “Complying with the Funeral Rule”Rule”

www.ftc.govwww.ftc.gov

NFDA’s Tips to Avoid Getting NFDA’s Tips to Avoid Getting “Stung”“Stung”

stack of GPLs at FH entrancestack of GPLs at FH entrance Stack of GPLs in reception areaStack of GPLs in reception area Stack of GPLs in arrangement officeStack of GPLs in arrangement office Copies of CPLs outside the SRCopies of CPLs outside the SR Staff training (non-licensed & Staff training (non-licensed &

licensed)licensed)