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FTC Record-keeping, Comprehension of Disclosures, and State Exemption Provisions

Record-Keeping

Funeral service providers are required to keep price lists for at least one year from the date they last distributed them to customers. They also must keep a copy of each completed Statement of Funeral Goods and Services Selected for at least one year from the date of the arrangements conference. These documents must be made available for inspection by FTC representatives upon request.

Comprehension of Disclosures

Funeral service providers must make all the required disclosures to consumers in a clear and conspicuous manner. The goal should be to present the information in a reasonably understandable form. In addition, the disclosures must be legible. The print or type must be large and prominent enough that consumers can easily notice and read the information.

Finally, price lists cannot include any information that alters or contradicts the information the Rule requires them to give in those price lists. They can include other information on their price lists if they wish, but this should not be done in such a way as to confuse or obscure the required information.

State Exemption Provisions

State agencies may apply to the Commission for a statewide exemption from the Funeral Rule. The Commission may grant an exemption if it finds that:

1. there is a state requirement in effect that applies to the same transactions that the Funeral Rule covers;
2. and the state requirement provides an overall level of protection that is as great as, or greater than, the protection provided by the Funeral Rule.

If granted, the exemption will be in effect, as specified by the Commission, for as long as the state administers and enforces effectively the state requirement. An application for state exemption can be filed only by a state government agency. Funeral providers and trade associations cannot file for statewide exemption.

If your state has obtained such an exemption, funeral service providers in your state only need to comply with that state's regulations. If the Commission has not granted your state an exemption, they must comply with all state regulations, as well as the FTC Funeral Rule. They must comply with your state regulations, even if they are more stringent than the Funeral Rule.