90 Questions
Which of the following is NOT subject to the Truth in Lending Act (TIL Act)?
Prompt payment discounts
What must be stated on the funeral bill?
Due date
How should the late charge be imposed?
Consistently
How should the consumer be informed about the late fees?
What should the late fee be referred to as?
Late fee
What type of payments may subject a funeral home to the TIL Act?
Installment payments
What is the role of funeral homes in relation to the ADA?
Employers
How many employees must a funeral home employ to comply with the employment-related provisions of the ADA?
15
What does the ADA prohibit against disabled individuals?
Employment
What is considered a disability under the ADA?
All of the above
What factors are considered when determining undue hardship?
The effect on the workplace
What is the purpose of the first disclosure mentioned in the text?
To explain legal requirements
When is embalming required to be approved by the consumer?
For a funeral with viewing
What is the purpose of the third disclosure mentioned in the text?
To disclose charges for cash advance items
How long should the reason for charging a fee for embalming be kept?
One year
What should be listed on the Statement of Funeral Goods and Services Selected?
All individual goods and services
How many factors are considered when determining undue hardship?
11
What is the purpose of the second disclosure mentioned in the text?
To explain embalming procedures
What should be explained in writing on the Statement of Funeral Goods and Services Selected?
Reasons for embalming
What should the third disclosure be placed next to on the Statement of Funeral Goods and Services Selected?
The list of individual goods and services
According to the Truth-In-Lending Act, a funeral home must meet certain criteria to be subject to the Act. Which of the following is NOT one of those criteria?
Impose a finance charge in a transaction
How many times must a funeral home extend credit in a year to be considered a creditor under the Truth-In-Lending Act?
25 times
Which of the following does NOT qualify as a natural person under the Truth-In-Lending Act?
Companies
What is the definition of extending consumer credit under the Truth-In-Lending Act?
All of the above
Which of the following is NOT considered a finance charge under the Truth-In-Lending Act?
Discounts for prompt payment
If a funeral home extends credit 26 times in 2019, when will it be considered a creditor under the Truth-In-Lending Act?
For all of 2020
If a funeral home extends credit 10 times in 2019, when will it be considered a creditor under the Truth-In-Lending Act?
For the first half of 2020
What is the minimum number of installments that would make a transaction fall under the Truth-In-Lending Act?
4 installments
Which of the following is NOT required for a funeral home to be subject to the Truth-In-Lending Act?
Impose a finance charge in a transaction
Which of the following is NOT considered a natural person under the Truth-In-Lending Act?
Companies
According to the regulation, sellers must notify their customers that they have the right to cancel the transaction any time prior to midnight on the ___ business day after the date of the transaction. What is the maximum number of business days after the transaction date that a customer can cancel?
3
If the sale takes place anywhere other than the seller's place of business, does the regulation still apply?
Yes, the regulation still applies
What is the one exception to the regulation?
If the consumer visits the funeral home for the initial contact
What must the seller provide the consumer with if the regulation applies?
Both a copy of the contract or receipt and the Notice of cancellation
What must the contract or receipt contain according to the regulation?
The seller's name and address
What must the seller do within 10 days of receiving a valid notice of cancellation?
Both issue a refund and cancel any negotiable instruments
According to the ADA, funeral homes must provide wider entrance doorways and disabled parking spaces for individuals with disabilities. This is an example of providing access to areas of the building where goods or services are made available to the public. What other areas should be accessible for disabled individuals?
Chapels and arrangement offices
The ADA requires funeral homes to make certain accommodations in restrooms for individuals with disabilities. What accommodations should be provided?
Wider stalls and lowered sinks
According to the ADA, funeral homes must remove barriers that prevent individuals with disabilities from accessing goods, services, and facilities. Under what conditions must these barriers be removed?
If the removal is readily achievable
The ADA prohibits funeral homes from imposing additional fees for providing services to disabled individuals. What is an example of an additional fee that would be a violation of the ADA?
Charging extra for embalming a body with a contagious disease
Under the ADA, funeral homes must provide an interpreter for visitations and services at the request of a deaf attendee. Is there any charge associated with providing this service?
No, funeral homes must provide interpreters for free
What is the maximum fine for a first offense of ADA non-compliance for a public accommodation such as a funeral home?
$75,000
According to the Do-Not-Call regulations, how often are telemarketers required to compare their marketing list to the Do-Not-Call List?
Every 31 days
Under the Do-Not-Call regulations, when do the regulations not apply to phone calls?
Phone calls initiated by consumers in response to advertisements or direct mailings
When can funeral homes solicit a consumer by phone even if their number is on the Do-Not-Call List?
If the funeral home has an existing business relationship with the consumer
Which act prohibits certain conduct in collecting consumer debts?
The Fair Debt Collection Practices Act
Under the Fair Debt Collection Practices Act, who does the act apply to?
Collection agencies or attorneys trying to collect debts on behalf of funeral homes
Under the Fair Debt Collection Practices Act, what is a debt collector prohibited from doing?
All of the above
According to the text, when can a funeral home tell consumers that embalming is required for practical purposes?
All of the above
According to the text, what is an 'alternative container' used for in the context of direct cremations?
It is used for the encasement of human remains
According to the text, can a crematory require the purchase of a casket for direct cremation?
No, crematories cannot require the purchase of a casket for direct cremation
According to the text, can a funeral home tell consumers that they are required by law to purchase an outer burial container?
No, funeral homes cannot tell consumers that state or local law requires them to buy an outer burial container
According to the text, can a funeral home make claims about the preservative and protective value of funeral goods or services?
No, funeral homes cannot make any claims about the preservative and protective value of funeral goods or services
According to the text, what must a funeral home disclose if it marks up the charge on cash advance items or receives a commission, discount, or rebate?
All of the above
According to the Magnuson-Moss Warranty Act, funeral homes automatically provide warranties on merchandise such as warranty of merchantability and fitness for a particular purpose. These warranties may be disclaimed by the funeral home, but only by using specific language to the consumer in a clear and conspicuous manner in writing on the casket price list, outer burial container price list, and statement of funeral goods and services selected. Some states prohibit disclaiming implied warranties.
b) Implied warranties
How can a funeral home disclaim warranties?
c) Use specific language in writing on the price lists and statement of funeral goods and services selected
Which of the following is NOT a requirement for disclaiming implied warranties?
d) Prohibiting disclaiming implied warranties
When can a funeral home be held liable for express warranties made by casket and vault companies?
d) When the funeral home adopts those warranties by making certain representations
How can funeral homes provide consumers with copies of any warranties?
b) Maintain a binder of all warranties and display a notice that the binder exists
Which of the following is NOT a way for funeral homes to provide consumers with copies of any warranties?
c) Provide a separate warranty document
According to the Do-Not-Call regulations, how often are telemarketers required to compare their marketing list to the Do-Not-Call List?
Every 30 days
Under the Do-Not-Call regulations, when do the regulations not apply to phone calls?
Phone calls made in response to advertisements
According to the text, when can funeral homes solicit a consumer by phone even if their number is on the Do-Not-Call List?
If the funeral home has an existing business relationship with the consumer
Which act prohibits certain conduct in collecting consumer debts?
Fair Debt Collection Practices Act
Under the FDCPA, a debt collector cannot call before _____ am or after _____ pm.
8 am, 6 pm
What is an essential element in protecting funeral homes from cremation liability?
Cremation authorization form
Which warranties are automatically provided by funeral homes on merchandise?
Warranty of merchantability and warranty of fitness for a particular purpose
How can funeral homes disclaim implied warranties?
By using specific language to the consumer in a clear and conspicuous manner in writing on the price lists and statement of goods and services selected
When is a funeral home generally liable for express warranties made by casket and vault companies?
When the funeral home adopts those warranties by making certain representations
How can funeral homes provide consumers with copies of any warranties?
By displaying the warranty information near the product or maintaining a binder of all warranties and displaying a notice
Which regulation applies to sales of goods or services exceeding $25 personally solicited by the seller and which take place at some place other than the seller’s place of business?
FTC Door-to-Door Sales Regulation
What must be done to subject preneed contracts to the FTC door-to-door regulation?
The contracts must be personally solicited by the seller and take place at some place other than the seller’s place of business
Under the ADA, funeral homes must provide wider entrance doorways and disabled parking spaces for individuals with disabilities. This is an example of providing access to areas of the building where goods or services are made available to the public. What other areas should be accessible for disabled individuals?
Lobby and waiting areas
According to the ADA, funeral homes must remove barriers that prevent individuals with disabilities from accessing goods, services, and facilities. Under what conditions must these barriers be removed?
Only if the removal is readily achievable
The ADA prohibits funeral homes from imposing additional fees for providing services to disabled individuals. What is an example of an additional fee that would be a violation of the ADA?
Extra charge for embalming a body with AIDS
According to the text, can a crematory require the purchase of a casket for direct cremation?
No, it is not allowed under the ADA
The owner of a funeral home should conduct a self-assessment to determine if the removal of barriers for disabled individuals is readily achievable. If it is not, what should the owner examine?
Reasonable alternatives to removal
Funeral homes must provide an interpreter for visitations and services at the request of a deaf attendee. Is there any charge associated with providing this service?
No, funeral homes must provide the service free of charge
According to the text, when can a funeral home tell consumers that embalming is required for practical purposes?
All of the above
According to the text, what is an 'alternative container' used for in the context of direct cremations?
To encase human remains without ornamentation or a fixed interior lining
According to the text, what must a funeral home disclose if it marks up the charge on cash advance items or receives a commission, discount, or rebate?
That the price charged for the cash advance item is not the same as the funeral home's cost
According to the text, what can a funeral home not tell consumers about funeral goods or services?
All of the above
According to the text, what can a funeral home not tell consumers about state or local law or a particular cemetery or crematory?
That they require consumers to buy a particular good or service
According to the text, what must the seller do if they tell a consumer that they must buy a particular item because of any legal, cemetery, or crematory requirement?
Identify and describe the particular requirement in writing on the Statement of Funeral Goods and Services Selected
Which one of these is true about the cooling off period mentioned in the text?
The cooling off period is 3 business days after the transaction
According to the text, when does the regulation apply to a sale?
The regulation applies if the sale is made anywhere other than the seller's place of business
What is the one exception to the regulation mentioned in the text?
The exception is when the consumer first physically visits the funeral home for the initial contact and then the sale subsequently takes place at a place other than the funeral home
What must the contract or receipt provided by the seller contain according to the text?
The contract or receipt must contain the seller's name and address
What is the seller required to furnish according to the text?
The seller is required to furnish a copy of the Notice of cancellation with FTC-provided language that is attached to the contract or receipt and in ten point type
What is the seller prohibited from doing according to the text?
The seller is prohibited from offering a waiver of the right of cancellation
Study Notes
Truth in Lending Act (TIL Act)
- Funeral homes are subject to the TIL Act if they extend credit more than 25 times in a calendar year
- The TIL Act requires funeral homes to disclose certain information to consumers
- Embalming is not required by law, and the funeral home must disclose this to consumers
- Funeral homes must provide a written explanation of the requirements for embalming
- Funeral homes must disclose the reason for charging a fee for embalming
Americans with Disabilities Act (ADA)
- Funeral homes must provide access to areas of the building where goods or services are made available to the public
- Funeral homes must make certain accommodations for individuals with disabilities, such as wider entrance doorways and disabled parking spaces
- Funeral homes must remove barriers that prevent individuals with disabilities from accessing goods, services, and facilities
- Funeral homes must provide an interpreter for visitations and services at the request of a deaf attendee
Funeral Home Practices
- Funeral homes must disclose if they mark up the charge on cash advance items or receive a commission, discount, or rebate
- Funeral homes cannot tell consumers that they are required by law to purchase an outer burial container
- Funeral homes cannot make claims about the preservative and protective value of funeral goods or services
- Funeral homes must provide a written explanation of the requirements for embalming
Do-Not-Call Regulations
- Telemarketers must compare their marketing list to the Do-Not-Call List every 31 days
- The regulations do not apply to phone calls made to consumers who have an established business relationship with the seller
- Funeral homes can solicit a consumer by phone even if their number is on the Do-Not-Call List if the consumer has an established business relationship with the funeral home
Fair Debt Collection Practices Act (FDCPA)
- The FDCPA prohibits certain conduct in collecting consumer debts
- The FDCPA applies to debt collectors, but not to creditors collecting their own debts
- Debt collectors cannot call before 8 am or after 9 pm
- Debt collectors cannot call consumers at inconvenient times or places
Magnuson-Moss Warranty Act
- Funeral homes automatically provide warranties on merchandise, such as warranties of merchantability and fitness for a particular purpose
- These warranties may be disclaimed by the funeral home, but only by using specific language to the consumer in a clear and conspicuous manner in writing
- Funeral homes can provide consumers with copies of any warranties
Test your knowledge on the applicability of the Truth-In-Lending Act to funeral homes. Learn about the requirements for a funeral home to be subject to the Act, including qualifying as a creditor and extending credit to a consumer.
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