Massachusetts Funeral Director Jurisprudence State
Exam| 133 QUESTIONS| WITH COMPLETE
SOLUTIONS
Telephone Price Disclosures - ANSWER 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 - ANSWER 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 - ANSWER 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 - ANSWER 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 - ANSWER 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 - ANSWER 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 - ANSWER 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 - ANSWER 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)
Tying Arrangements - ANSWER Exists where a seller requires a purchase of an
unwanted item in order to obtain a desired good or service.
-Ex: the funeral director only offers funeral services if the consumer agrees to
purchase a casket from the funeral home, the seller at tied the provision of funeral
services to the required purchase of a casket. This *violates* the Funeral Rule
The Funeral Rule prohibits tying arrangements except in (3) circumstances
(1) Non-Declinable Service Fee
(2) Legal Requirements
(3) Impossible, Impractical or Excessively Burdensome
Tying Arrangements: Non-Declinable Service Fee - ANSWER It is not a violation of
the Rule to require consumers to pay this charge as a condition of receiving funeral
services. All other fees, however, must be declinable unless one of the exceptions
listed below applies
Tying Arrangements: Legal Requirements - ANSWER To the extent that the state
or local law requires the purchase of a funeral good or service, the funeral director
Exam| 133 QUESTIONS| WITH COMPLETE
SOLUTIONS
Telephone Price Disclosures - ANSWER 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 - ANSWER 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 - ANSWER 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 - ANSWER 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 - ANSWER 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 - ANSWER 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 - ANSWER 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 - ANSWER 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)
Tying Arrangements - ANSWER Exists where a seller requires a purchase of an
unwanted item in order to obtain a desired good or service.
-Ex: the funeral director only offers funeral services if the consumer agrees to
purchase a casket from the funeral home, the seller at tied the provision of funeral
services to the required purchase of a casket. This *violates* the Funeral Rule
The Funeral Rule prohibits tying arrangements except in (3) circumstances
(1) Non-Declinable Service Fee
(2) Legal Requirements
(3) Impossible, Impractical or Excessively Burdensome
Tying Arrangements: Non-Declinable Service Fee - ANSWER It is not a violation of
the Rule to require consumers to pay this charge as a condition of receiving funeral
services. All other fees, however, must be declinable unless one of the exceptions
listed below applies
Tying Arrangements: Legal Requirements - ANSWER To the extent that the state
or local law requires the purchase of a funeral good or service, the funeral director
