Indeed, this report appears to be intended to advance the position that requiring funeral providers to post their prices online, where they would be available to consumers 24/7, is beneficial to consumers. How to Protect Your Firm NFDA published a Legal Alert on the FTC’s phone sweep in February 2024 when the results were initially announced. We reminded our members that while nothing has changed with regard to the Funeral Rule or its enforcement, there are several elements to remember now that the FTC has appeared to shift its enforcement procedures from in-person to via telephone: • You must give accurate information from your General Price List (GPL), Casket Price List and Outer Burial Container Price List to anyone who calls and asks about your prices or offerings. • You cannot require callers to give their names, addresses or phone numbers before you give them the requested information. You can ask callers to identify themselves, but if they refuse to do so you still must answer their questions. • You cannot require consumers to come to the funeral home in person to get price information. • You can use an answering machine or answering service to record incoming calls. However, you must promptly respond to questions from callers on an individual basis. • As an example, your answering machine can have a message telling consumers to call a specified number during business hours for information about prices and offerings. You need to provide the requested information when consumers call during those hours, or you can have an answering machine or answering service take consumers’ names and phone numbers so that you can return the calls at your earliest convenience. • You may have a (nonlicensed) employee answering your phones respond to easier questions regarding your offerings and prices by referring to the printed price lists, but the employee must refer more difficult questions to a licensed employee. If a licensed employee is unavailable when the call comes in, the employee can take a message so a licensed employee can return the call later. • You do not have to give price and other information after business hours if it is not your normal practice to do so. You can tell consumers who call during non-business hours that you will provide the information during regular business hours. However, if a consumer calls after hours to inquire about an at-need situation, and it is your practice to make funeral arrangements during nonbusiness hours, you should provide the price or other information the consumer requests. • You must give certain information to people who call, but the Rule does not require you to send callers a GPL. Similarly, you do not have to send a GPL in response to mail inquiries about funeral goods and services. Of course, you certainly are free to send a GPL to someone who calls or writes for information if you wish to do so. However, if a telephone or mail inquiry is followed up by a meeting at the funeral home or elsewhere, you must provide a GPL at that time. The FTC has noted that they consider it a violation for a funeral home to promise to send a GPL, but instead only provide a list of package prices that did not meet the requirements of a GPL. It is always important to remember, whether in person or on the phone, you must not misrepresent any law or requirement. It is also important to note that some states require funeral providers to mail a price list upon request. You should check to see what the requirements are in your state. Finally, we recommend asking at the end of the conversation with any caller inquiring about your prices or offerings, “Do you have any additional questions?” or “Is there any other information I can provide you?” This catch-all will help to ensure you are in compliance and there is nothing left unanswered. While the change in administration in the White House and recent federal court rulings stemming from the U.S. Supreme Court’s decision in Loper-Bright will certainly affect the FTC and its current review of the Rule, it is too early to determine exactly how. While this report seems to indicate the FTC is currently charging ahead on its current path, an anticipated new chair of the FTC will certainly result in some alteration. Rest assured, NFDA has been — and will continue to be — your steadfast advocate in Washington, D.C., ensuring the voice of funeral service is heard. We are closely monitoring every development and engaging directly with the FTC to protect your interests and those of the families you serve. We’re watching this issue like a hawk and will keep you informed of all relevant updates as they happen. Your NFDA team is here for you every step of the way. Directors Digest | 13
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