Massachusetts Funeral Director Jurisprudence State Exam (part 2) Questions with Correct Answers

Telephone Price Disclosures - cORRECT sOLUTION Whenever an individual telephones a funeral home and asks about the funeral homes offerings or prices, *the funeral home must provide accurate information in response to those inquires*. The funeral home is prohibited by the Funeral Rule from refusing to give price information over the telephone. The funeral director cannot insist upon the called identifying himself or herself as a condition to the disclosure of price information over the telephone -if a funeral director or trained staff member is not available to provide the requested information, a message should be taken and the called should be returned by the funeral director. Misrepresentation - cORRECT sOLUTION The Funeral Rule prohibits misrepresentations in six specific area. In addition, the Funeral rule has prescribed several mandatory disclosures (all of which were discussed earlier) which the FTC believes are necessary to prevent consumers from being misled in these areas. (1) Embalming (2) Caskets for Direct Cremation (3) Outer Burial Containers (4) Legal and Cemetery Requirements (5) Preservative and Protective Claims (6) Cash Advance Items Misrepresentation: Embalming - cORRECT sOLUTION The Rule prohibit any misrepresentations regarding the legal necessity of embalming. It is a violation if the funeral director fails to inform the consumer that embalming is not required by law, except in certain special circumstances. -Also a violation of the Funeral Rule to inform the consumers that embalming is required for (1) Direct cremation (2) Direct burial or immediate burial (3) if refrigeration is available and there is to be a funeral with no viewing and there is a casket to be closed Misrepresentation: Caskets for Direct Cremation - cORRECT sOLUTION The Rule prohibits a funeral director from representing that state or local law requires a casket for direct cremation. Additionally, if a funeral home offers direct cremation, it must make available for direct cremation consumers alternative containers or unfinished wood boxes Misrepresentation: Outer Burial Containers - cORRECT sOLUTION It is a violation of the Funeral Rule to misrepresent that outer burial containers are required by law when such is not the case. It is also a violation if the Rule for the funeral home to fail to affirmatively inform consumers that state law does not require outer burial containers. This duty to affirmatively inform consumers is satisfied by the printing of the required mandatory disclosure on the OBC Price List Misrepresentation: Legal and Cemetery Requirements - cORRECT sOLUTION The Funeral Rule provides a catchall prohibition against any type of misrepresentation concerning legal or cemetery requirements. Additionally, funeral directors are required to list and describe on the Statement of Funeral Goods and Services Selected any legal, cemetery or crematory requirements that compel the consumer to purchase any funeral good or service Misrepresentation: Preservative and Protection Claims - cORRECT sOLUTION Funeral directors may not represent to consumers that funeral goods or service will delay natural decomposition or remains for a long or indefinite period. While the Rule does not prohibit funeral directors from explaining that embalming provides *temporary* preservation to the body, it does prohibit any claims that embalming (or any other good or service) will preserve the body for a long or indefinite period of time Also prohibits from making misrepresentations regarding the protective features of caskets and vaults. Any claim regarding the ability of caskets and vaults to protect the body from graveside substances should not be made unless they can be substantiated Misrepresentation: Cash Advance Items - cORRECT sOLUTION If a funeral director marks up cash advance items or receives a commission, rebate or discount which is not passed on to the consumer, it is a violation of the Funeral Rule to represent to the consumer that the charge represents the same amount that the funeral home paid for these items. -IF the consumer is not informed which particular cash advanced item has been marked up (Funeral directors must identify what has been marked up)