(a) In selling or offering to sell funeral goods or
funeral services to the public it is an unfair or deceptive act or
practice for a funeral provider to fail to furnish accurate price
information disclosing the cost to the purchaser or prospective customer
for each of the specific funeral goods and funeral services used in
connection with the disposition of deceased human bodies. Such price
information must include at least the price of embalming, transportation
of remains, use of facilities, caskets, outer burial containers, urns,
immediate burials, or direct cremations. Any funeral provider who
complies with the preventive requirements in subsection (b) of this
section is not engaged in the unfair or deceptive acts or practices
defined here.
(b) To prevent these unfair or deceptive acts or practices,
as well as the unfair or deceptive acts or practices defined in §203.49(b)(1)
of this title, funeral providers must:
(1) Telephone price disclosure. Tell persons who ask
by telephone about the funeral provider's offerings or prices any
accurate information from the price lists described in paragraphs
(2) - (5) of this subsection and any other readily available information
that reasonably answers the question.
(2) Casket price list.
(A) Give a printed or typewritten price list to people
who inquire in person about the offerings or prices of caskets or
alternative containers. The funeral provider must offer the list upon
beginning discussion of, but in any event before showing caskets.
In lieu of a written list, other formats, such as notebooks, brochures,
or charts may be used if they contain the same information as would
the printed or typewritten list, and display it in a clear and conspicuous
manner. Provided, however, that funeral providers do not have to make
a casket price list available if the funeral providers place on the
general price list, specified in paragraph (5) of this subsection,
the information required by this subsection.
(B) The list must contain the effective date and the
retail prices of all caskets and alternative containers offered which
do not require special ordering, and must include, at a minimum, the
following specifications:
(i) The type of material that is predominately used
in the construction of the merchandise, i.e.:
(I) steel, identified as stainless or by gauge, e.g.,
18 gauge;
(II) wood, identified by type, e.g., pecan or cherry;
(III) bronze, described by weight, e.g., 32 oz.;
(IV) copper, described by weight, e.g., 32 oz.; or
(V) other specifically named material, e.g., such as
cardboard or corrugated wood;
(ii) The type of sealing feature, e.g., sealer, non-sealer,
gasketed, or non-gasketed, if specified on the funeral provider's
general price list; and
(iii) The material lining the interior of the casket,
e.g., crepe, velvet, satin, twill or silk.
(C) Place on the list, however produced, the name of
the funeral provider's place of business and a caption describing
the list as a "casket price list."
(3) Outer burial container price list.
(A) Give a printed or typewritten price list to persons
who inquire in person about outer burial container offerings or prices.
The funeral provider must offer the list upon beginning discussion
of, but in any event before showing the containers. The list must
contain at least the retail prices of all outer burial containers
offered which do not require special ordering, enough information
to identify each container, and the effective date for the prices
listed. In lieu of a written list, the funeral provider may use other
formats, such as notebooks, brochures, or charts, if they contain
the same information as the printed or typewritten list, and display
it in a clear and conspicuous manner. Provided, however, that funeral
providers do not have to make an outer burial container price list
available if the funeral providers place on the general price list,
specified in paragraph (5) of this subsection, the information required
by this subsection. The description of an outer burial container under
this section must, at a minimum, include the following specifications:
(i) The type of material that is predominantly used
in the construction of the merchandise, i.e.:
(I) concrete, specifying type of construction, e.g.,
liner, box, or vault;
(II) steel, identified as stainless or by gauge, e.g.,
12 gauge (or described as galvanized of a particular gauge);
(III) wood;
(IV) bronze or copper, described by weight or gauge,
e.g., 32 oz. or 18 gauge; or
(V) other specifically named material; and
(ii) The type of sealing feature, e.g., sealer, non-sealer,
gasketed, or non-gasketed, if specified on the funeral establishment
price list.
(B) Place on the list, however produced, the name of
the funeral provider's place of business, address, and telephone number,
and a caption describing the list as an "outer burial container price
list."
(4) Urn price list.
(A) Give a printed or typewritten price list to persons
who inquire in person about urn offerings or prices. The funeral provider
must offer the list upon beginning discussion of, but in any event,
before showing the containers. The list must contain at least the
retail prices of all urns offered which do not require special ordering,
the description of an urn under this section must, at a minimum, include
the type of material predominately used in its construction. Bronze
urns must be described as sheet bronze or caste bronze, whichever
is applicable. The price list must include the effective date for
the prices listed. In lieu of a written list, the funeral provider
may use other formats, such as notebooks, brochures, or charts, if
they contain the same information as the printed or typewritten list,
and display it in a clear and conspicuous manner. Provided, however,
that funeral providers do not have to make an urn price list available
if the funeral providers place on the general price list, specified
in paragraph (5) of this subsection, the information required by this
subsection.
(B) Place on the list, however produced, the name of
the funeral provider's place of business, address and telephone number
and a caption describing the list as an "urn price list."
(5) General price list.
(A) Availability of general price list.
(i) Give a printed or typewritten price list for retention
to persons who inquire in person about the funeral goods, funeral
services or prices of funeral goods or services offered by the funeral
provider. The funeral provider must give the list upon beginning discussion
of any of the following:
(I) the prices of funeral goods or funeral services;
(II) the overall type of funeral service or disposition;
or
(III) specific funeral goods or funeral services offered
by the funeral provider.
(ii) The requirement in clause (i) of this subparagraph
applies whether the discussion takes place in the funeral home or
elsewhere. Provided, however, that when the deceased is removed for
transportation to the funeral home, an in-person request at that time
for authorization to embalm, required by §203.50(a)(2) of this
title, does not, by itself, trigger the requirement to offer the general
price list if the provider in seeking prior embalming approval discloses
that embalming is not required by law except in certain special cases,
if any. Any other discussion during that time about prices or the
selection of funeral goods or services triggers the requirement under
clause (i) of this subparagraph to give consumers a general price
list.
(iii) The list required in clause (i) of this subparagraph
must contain at least the following information:
(I) the name, address, and telephone number of the
funeral provider's place of business;
(II) a caption describing the list as a "general price
list"; and
(III) the effective date for the price list.
(B) Include on the price list, in any order, the retail
prices (expressed either as the flat fee, or as the price per hour,
mile or other unit of computation) and the other information specified
below for at least each of the following items, if offered for sale:
(i) forwarding of remains to another funeral home,
together with a list of the services provided for any quoted price;
(ii) receiving remains from another funeral home, together
with a list of the services provided for any quoted price;
(iii) the price range for the direct cremations offered
by the funeral provider, together with:
(I) a separate price for a direct cremation where the
purchaser provides the container;
(II) separate prices for each direct cremation offered
including an alternative container; and
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