Podcast
Questions and Answers
Which of the following is NOT subject to the Truth in Lending Act (TIL Act)?
Which of the following is NOT subject to the Truth in Lending Act (TIL Act)?
- Prompt payment discounts (correct)
- Finance charges
- Late fees
- Funeral bill
What must be stated on the funeral bill?
What must be stated on the funeral bill?
- Payment method
- Finance charge
- Late charge amount
- Due date (correct)
How should the late charge be imposed?
How should the late charge be imposed?
- Occasionally
- Inconsistently
- Consistently (correct)
- Randomly
How should the consumer be informed about the late fees?
How should the consumer be informed about the late fees?
What should the late fee be referred to as?
What should the late fee be referred to as?
What type of payments may subject a funeral home to the TIL Act?
What type of payments may subject a funeral home to the TIL Act?
What is the role of funeral homes in relation to the ADA?
What is the role of funeral homes in relation to the ADA?
How many employees must a funeral home employ to comply with the employment-related provisions of the ADA?
How many employees must a funeral home employ to comply with the employment-related provisions of the ADA?
What does the ADA prohibit against disabled individuals?
What does the ADA prohibit against disabled individuals?
What is considered a disability under the ADA?
What is considered a disability under the ADA?
What factors are considered when determining undue hardship?
What factors are considered when determining undue hardship?
What is the purpose of the first disclosure mentioned in the text?
What is the purpose of the first disclosure mentioned in the text?
When is embalming required to be approved by the consumer?
When is embalming required to be approved by the consumer?
What is the purpose of the third disclosure mentioned in the text?
What is the purpose of the third disclosure mentioned in the text?
How long should the reason for charging a fee for embalming be kept?
How long should the reason for charging a fee for embalming be kept?
What should be listed on the Statement of Funeral Goods and Services Selected?
What should be listed on the Statement of Funeral Goods and Services Selected?
How many factors are considered when determining undue hardship?
How many factors are considered when determining undue hardship?
What is the purpose of the second disclosure mentioned in the text?
What is the purpose of the second disclosure mentioned in the text?
What should be explained in writing on the Statement of Funeral Goods and Services Selected?
What should be explained in writing on the Statement of Funeral Goods and Services Selected?
What should the third disclosure be placed next to on the Statement of Funeral Goods and Services Selected?
What should the third disclosure be placed next to on the Statement of Funeral Goods and Services Selected?
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?
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?
How many times must a funeral home extend credit in a year to be considered a creditor under the Truth-In-Lending Act?
How many times must a funeral home extend credit in a year to be considered a creditor under the Truth-In-Lending Act?
Which of the following does NOT qualify as a natural person under the Truth-In-Lending Act?
Which of the following does NOT qualify as a natural person under the Truth-In-Lending Act?
What is the definition of extending consumer credit under the Truth-In-Lending Act?
What is the definition of extending consumer credit under the Truth-In-Lending Act?
Which of the following is NOT considered a finance charge under the Truth-In-Lending Act?
Which of the following is NOT considered a finance charge under the Truth-In-Lending Act?
If a funeral home extends credit 26 times in 2019, when will it be considered a creditor under the Truth-In-Lending Act?
If a funeral home extends credit 26 times in 2019, when will it be considered a creditor under the Truth-In-Lending Act?
If a funeral home extends credit 10 times in 2019, when will it be considered a creditor under the Truth-In-Lending Act?
If a funeral home extends credit 10 times in 2019, when will it be considered a creditor under the Truth-In-Lending Act?
What is the minimum number of installments that would make a transaction fall under the Truth-In-Lending Act?
What is the minimum number of installments that would make a transaction fall under the Truth-In-Lending Act?
Which of the following is NOT required for a funeral home to be subject to the Truth-In-Lending Act?
Which of the following is NOT required for a funeral home to be subject to the Truth-In-Lending Act?
Which of the following is NOT considered a natural person under the Truth-In-Lending Act?
Which of the following is NOT considered a natural person under the Truth-In-Lending Act?
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?
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?
If the sale takes place anywhere other than the seller's place of business, does the regulation still apply?
If the sale takes place anywhere other than the seller's place of business, does the regulation still apply?
What is the one exception to the regulation?
What is the one exception to the regulation?
What must the seller provide the consumer with if the regulation applies?
What must the seller provide the consumer with if the regulation applies?
What must the contract or receipt contain according to the regulation?
What must the contract or receipt contain according to the regulation?
What must the seller do within 10 days of receiving a valid notice of cancellation?
What must the seller do within 10 days of receiving a valid notice of cancellation?
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?
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?
The ADA requires funeral homes to make certain accommodations in restrooms for individuals with disabilities. What accommodations should be provided?
The ADA requires funeral homes to make certain accommodations in restrooms for individuals with disabilities. What accommodations should be provided?
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?
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?
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?
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?
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?
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?
What is the maximum fine for a first offense of ADA non-compliance for a public accommodation such as a funeral home?
What is the maximum fine for a first offense of ADA non-compliance for a public accommodation such as a funeral home?
According to the Do-Not-Call regulations, how often are telemarketers required to compare their marketing list to the Do-Not-Call List?
According to the Do-Not-Call regulations, how often are telemarketers required to compare their marketing list to the Do-Not-Call List?
Under the Do-Not-Call regulations, when do the regulations not apply to phone calls?
Under the Do-Not-Call regulations, when do the regulations not apply to phone calls?
When can funeral homes solicit a consumer by phone even if their number is on the Do-Not-Call List?
When can funeral homes solicit a consumer by phone even if their number is on the Do-Not-Call List?
Which act prohibits certain conduct in collecting consumer debts?
Which act prohibits certain conduct in collecting consumer debts?
Under the Fair Debt Collection Practices Act, who does the act apply to?
Under the Fair Debt Collection Practices Act, who does the act apply to?
Under the Fair Debt Collection Practices Act, what is a debt collector prohibited from doing?
Under the Fair Debt Collection Practices Act, what is a debt collector prohibited from doing?
According to the text, when can a funeral home tell consumers that embalming is required for practical purposes?
According to the text, when can a funeral home tell consumers that embalming is required for practical purposes?
According to the text, what is an 'alternative container' used for in the context of direct cremations?
According to the text, what is an 'alternative container' used for in the context of direct cremations?
According to the text, can a crematory require the purchase of a casket for direct cremation?
According to the text, can a crematory 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?
According to the text, can a funeral home tell consumers that they are required by law to purchase 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?
According to the text, can a funeral home make 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?
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?
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.
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.
How can a funeral home disclaim warranties?
How can a funeral home disclaim warranties?
Which of the following is NOT a requirement for disclaiming implied warranties?
Which of the following is NOT a requirement for disclaiming implied warranties?
When can a funeral home be held liable for express warranties made by casket and vault companies?
When can a funeral home be held liable for express warranties made by casket and vault companies?
How can funeral homes provide consumers with copies of any warranties?
How can funeral homes provide consumers with copies of any warranties?
Which of the following is NOT a way for funeral homes to provide consumers with copies of any warranties?
Which of the following is NOT a way for funeral homes to provide consumers with copies of any warranties?
According to the Do-Not-Call regulations, how often are telemarketers required to compare their marketing list to the Do-Not-Call List?
According to the Do-Not-Call regulations, how often are telemarketers required to compare their marketing list to the Do-Not-Call List?
Under the Do-Not-Call regulations, when do the regulations not apply to phone calls?
Under the Do-Not-Call regulations, when do the regulations not apply to phone calls?
According to the text, when can funeral homes solicit a consumer by phone even if their number is on the Do-Not-Call List?
According to the text, when can funeral homes solicit a consumer by phone even if their number is on the Do-Not-Call List?
Which act prohibits certain conduct in collecting consumer debts?
Which act prohibits certain conduct in collecting consumer debts?
Under the FDCPA, a debt collector cannot call before _____ am or after _____ pm.
Under the FDCPA, a debt collector cannot call before _____ am or after _____ pm.
What is an essential element in protecting funeral homes from cremation liability?
What is an essential element in protecting funeral homes from cremation liability?
Which warranties are automatically provided by funeral homes on merchandise?
Which warranties are automatically provided by funeral homes on merchandise?
How can funeral homes disclaim implied warranties?
How can funeral homes disclaim implied warranties?
When is a funeral home generally liable for express warranties made by casket and vault companies?
When is a funeral home generally liable for express warranties made by casket and vault companies?
How can funeral homes provide consumers with copies of any warranties?
How can funeral homes provide consumers with copies of any warranties?
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?
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?
What must be done to subject preneed contracts to the FTC door-to-door regulation?
What must be done to subject preneed contracts to the FTC door-to-door regulation?
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?
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?
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?
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?
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?
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?
According to the text, can a crematory require the purchase of a casket for direct cremation?
According to the text, can a crematory require the purchase of a casket for direct cremation?
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?
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?
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?
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?
According to the text, when can a funeral home tell consumers that embalming is required for practical purposes?
According to the text, when can a funeral home tell consumers that embalming is required for practical purposes?
According to the text, what is an 'alternative container' used for in the context of direct cremations?
According to the text, what is an 'alternative container' used for in the context of direct cremations?
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?
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?
According to the text, what can a funeral home not tell consumers about funeral goods or services?
According to the text, what can a funeral home not tell consumers about funeral goods or services?
According to the text, what can a funeral home not tell consumers about state or local law or a particular cemetery or crematory?
According to the text, what can a funeral home not tell consumers about state or local law or a particular cemetery or crematory?
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?
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?
Which one of these is true about the cooling off period mentioned in the text?
Which one of these is true about the cooling off period mentioned in the text?
According to the text, when does the regulation apply to a sale?
According to the text, when does the regulation apply to a sale?
What is the one exception to the regulation mentioned in the text?
What is the one exception to the regulation mentioned in the text?
What must the contract or receipt provided by the seller contain according to the text?
What must the contract or receipt provided by the seller contain according to the text?
What is the seller required to furnish according to the text?
What is the seller required to furnish according to the text?
What is the seller prohibited from doing according to the text?
What is the seller prohibited from doing according to the text?
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
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Description
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.
