Misplaced Pages

#494505

96-719: The Federal Trade Commission ( FTC ) is an independent agency of the United States government whose principal mission is the enforcement of civil (non-criminal) antitrust law and the promotion of consumer protection . The FTC shares jurisdiction over federal civil antitrust law enforcement with the Department of Justice Antitrust Division . The agency is headquartered in the Federal Trade Commission Building in Washington, DC . The FTC

192-448: A Pre-Need Funeral Plan , also known as a Funeral Plan . The Funeral Rule prohibits specific misrepresentations in six areas. 1. Embalming- The Funeral Rule prohibits funeral homes from telling consumers that state or local law requires embalming unless that is true. If state law requires embalming, the funeral home may tell the family that embalming is required to the specific circumstances. Funeral homes must disclose in writing on

288-522: A grave liner or a burial vault will satisfy these requirements”. If a separate Outer Burial Container Price List is used, the GPL must state the range of prices for the outer burial containers sold by the funeral home, along with the following disclosure: “A complete price list will be provided at the funeral home”. 4. Legal and Cemetery Requirements- The Funeral Rule states that funeral homes cannot tell consumers that any federal, state, or local law or

384-424: A basic service fee. Consumers who select to work with a particular funeral home cannot decline to pay this fee, which includes fees for services common to all funerals, such as: - Planning and arranging the actual funeral, such as determining the viewing or visitation dates and times - Securing the applicable permits and copies of the death certificate - Preparation of obituary notices . If an extra service charge

480-448: A commission, board, or similar collegial body consisting of five to seven members who share power over the agency. (This is why many independent agencies include the word "Commission" or "Board" in their name.) The president appoints the commissioners or board members , subject to Senate confirmation, but they often serve terms that are staggered and longer than a four-year presidential term, meaning that most presidents will not have

576-576: A driver of inflation for grocery prices. In August 2024, it announced it would be probing grocery prices to look for anti-competitive behavior and price gouging at chain supermarkets. In 2023, the FTC proposed a new rule that would ensure that the cancellation process of subscription services is as easy as the process of signing up. On October 16, 2024, the FTC announced the new rule, dubbed "click to cancel", requiring companies to make subscription services "as easy for consumers to cancel their enrollment as it

672-448: A fact that was only disclosed in legalese, buried within the end user license agreement. The FTC secured a consent decree in the case. In In re Gateway Learning Corp. the FTC alleged that Gateway committed unfair and deceptive trade practices by making retroactive changes to its privacy policy without informing customers and by violating its own privacy policy by selling customer information when it had said it would not. Gateway settled

768-476: A fine of US$ 50.1 million on OMICS companies. OMICS' lawyer said that this was an unfair allegation and that OMICS would sue FTC for $ 3.11 billion in damages, saying it had caused loss of revenue and reputation. In In the Matter of Sears Holdings Management Corp. , the FTC alleged that a research software program provided by Sears was deceptive because it collected information about nearly all online behavior,

864-399: A formal viewing or visitation. 2. Casket for Direct Cremation -The Funeral Rule prohibits funeral homes from telling consumers that state or local law requires the purchase of a casket for direct cremation, or for any other reason. If direct cremation is offered, The Funeral Rule dictates that an alternative container be available and that consumers be informed that such alternative container

960-458: A funeral home to conduct the viewing or visitation or funeral, however, there are many details and legal requirements, so it is a commonly accepted practice to use one. Funeral transfer service providers remedy the need for a funeral home while at the same time removing the obstacles that inhibit a lay person from performing the basic requirements of transportation, storage and documents preparation. The Funeral Rule allows for funeral homes to charge

1056-412: A mark-up, which is allowable under The Funeral Rule. According to The Funeral Rule, funeral homes that charge a mark-up must disclose this in writing to their customers, but the amount or percentage of the mark-up need not be disclosed. The Funeral Rule also establishes that funeral homes must disclose whether any refunds, rebates or discounts apply to any cash advance item. The Funeral Rule directs that

SECTION 10

#1732780798495

1152-526: A narrower sense, the term independent agency refers only to these independent regulatory agencies that, while considered part of the executive branch, have rulemaking authority and are insulated from presidential control, usually because the president's power to dismiss the agency head or a member is limited. Independent agencies can be distinguished from the federal executive departments and other executive agencies by their structural and functional characteristics. Their officers can be protected from removal by

1248-467: A non-metal enclosure that is cremated with the body must be made available. These are generally made of press board, cardboard or canvas. - It may not be stated that state or local laws require the purchase of a casket for direct cremation - Written disclosure must be provided to the customer's on their right to buy an unfinished wood box or alternative container for direct cremation - An unfinished wood box or alternative container must be made available If

1344-594: A number of regulations (codified in Title 16 of the Code of Federal Regulations ). The broad statutory authority granted to the FTC provides it with more surveillance and monitoring abilities than it actually uses. The FTC is composed of five commissioners, who each serve seven-year terms. Members of the commission are nominated by the President and subject to Senate confirmation, and no more than three FTC members can be of

1440-567: A particular cemetery or crematory requires them to buy a particular good or service, if that is not true. If a consumer is told that a particular good or service must be purchased because of any legal, cemetery or crematory requirement, the applicable requirement must be identified and described on the Statement of Funeral Goods and Services Selected . 5. Preservative and Protective Value Claims -The Funeral Rule prohibits any representations to consumers that funeral goods or services will delay

1536-410: A practical necessity and therefore, a required purchase Caskets are typically metal, wood, fiberglass, fiberboard or plastic. The Funeral Rule states that customers must be provided a written description of each casket offered and the associated Casket Price List before viewing of any physical caskets. The Funeral Rule also mandates that a funeral home must accept any third-party purchased casket for

1632-489: A pre-need contract purchased before 1984 is modified after 1984, the modification triggers all of The Funeral Rule's requirements. Since the actual pre-need contract purchased is not subject to The Funeral Rule, the Federal Trade Commission advocates that consumers who purchase a pre-need contract consider the following: - Understand if funeral goods or services, or both, have been purchased. - Where are

1728-574: A review of the price lists, on-site training of the staff, and follow-up testing and certification on compliance with the Funeral Rule ." In the mid-1990s, the FTC launched the fraud sweeps concept where the agency and its federal, state, and local partners filed simultaneous legal actions against multiple telemarketing fraud targets. The first sweeps operation was Project Telesweep in July 1995 which cracked down on 100 business opportunity scams. In

1824-415: A third-party - Types of grave markers or monuments allowed by the cemetery - Whether flowers or other remembrances may be placed on the grave - Burial plot price - Outer burial container requirements - Charges for opening the grave - Charges for closing the grave - Perpetual charges for maintenance and grounds keeping, which are sometimes included, but not always - If perpetual charges are not included, clarify

1920-559: A viewing or visitation is planned, however, there is no federal or state law that dictates that embalming is required and a funeral home is prohibited from stating that any such law exists. The Funeral Rule established the following embalming guidelines: - Embalming cannot be done without specific permission from the customer - Funeral homes may not claim that embalming is a legal requirement, except in certain special circumstances, and provide written disclosure of such - Customers may not be charged for embalming without their permission unless it

2016-427: A viewing or visitation is requested prior to cremation , many funeral homes have caskets for rent in lieu of purchasing a casket. Outer burial containers are not required by law but are required by many cemeteries. The outer burial container surrounds the casket in the grave to protect it from sinking into the ground. There are two types of outer burial containers, a grave liner and a burial vault . A grave liner

SECTION 20

#1732780798495

2112-434: A viewing or visitation of the deceased, usually held in the funeral home, a formal funeral service, transportation of the deceased to the cemetery ( hearse ), the burial , entombment or cremation in addition to the funeral director's basic service fee. Extra costs not included in the aforementioned arrangements include embalming and the dressing of the body, the funeral home 's basic service fee, funeral home rental for

2208-478: Is applied, this must be disclosed in writing - Sheltering of the remains - Coordinating arrangements with the cemetery, crematory or other third-party - The basic service fee does not include optional services or goods The Funeral Rule defines optional goods or services as everything outside of what is specifically delineated as being included in the basic service fee, including cash advance items. Some examples of optional goods or services include: - Transportation of

2304-421: Is available. This must be disclosed in writing on the GPL with the following language: “If you want to arrange a direct cremation, you can use an alternative container. Alternative containers encase the body and can be made of materials like fiberboard or composition materials (with or without an outside covering). The containers we provide are (specify containers)”. The disclosure should be placed directly next to

2400-404: Is generally made from reinforced concrete that satisfies any cemetery requirement and covers the top and sides of the casket. A burial vault is more substantial and expensive and surrounds the entire casket in concrete or other material. The Funeral Rule dictates that the customer must be given a written description and Outer Burial Container Price List prior to viewing any physical items and that

2496-409: Is not necessary or required. A memorial may be held with or without the remains. The remains may be kept in the home, buried, placed in a crypt or niche or scattered in a favorite spot. Costs associated with direct cremation include the funeral director's basic service fee , transportation and care of the body, a crematory fee may be included if the funeral home provides crematory services,

2592-508: Is not necessary or required. A memorial service is generally held at the burial site, or at a later date. Costs associated with this choice include the funeral director's basic service fee, transportation and care of the body, the casket or burial container and the cemetery plot or crypt. If the family selects a burial site service, extra charges will be added. The Funeral Rule described direct cremation as cremation that occurs shortly after death with no viewing or visitation and embalming

2688-409: Is purchased by a national funeral home chain or is merged into another funeral home. - The specific cancellation or revision policy, including the refund policy. - Transferability of the pre-need contract to another funeral home and the associated expenses. - Up-front and on-going administrative or other fees paid to the funeral home. A Pre-Need Funeral Contract is not, and should not be confused with

2784-693: Is responsible for the United States National Do Not Call Registry . Independent agencies of the United States government [REDACTED] [REDACTED] In the United States government , independent agencies are agencies that exist outside the federal executive departments (those headed by a Cabinet secretary) and the Executive Office of the President . In a narrower sense,

2880-628: Is to be denied a written, retainable copy of the GPL. In 1996, the FTC instituted the Funeral Rule Offenders Program (FROP), under which "funeral homes make a voluntary payment to the U.S. Treasury or appropriate state fund for an amount less than what would likely be sought if the Commission authorized filing a lawsuit for civil penalties. In addition, the funeral homes participate in the NFDA compliance program, which includes

2976-908: The Securities and Exchange Commission , the Federal Reserve , the Commodity Futures Trading Commission , the Federal Deposit Insurance Corporation , and the Consumer Financial Protection Bureau . Generally, the heads of independent regulatory agencies can only be removed for cause, but Cabinet members and heads of independent executive agencies, such as the head of the Environmental Protection Agency , serve "at

Federal Trade Commission - Misplaced Pages Continue

3072-410: The funeral home industry in order to protect consumers from deceptive practices. The FTC Funeral Rule requires funeral homes to provide all customers (and potential customers) with a General Price List (GPL), specifically outlining goods and services in the funeral industry, as defined by the FTC, and a listing of their prices. By law, the GPL must be presented on request to all individuals, and no one

3168-626: The 2021 United States Supreme Court case, AMG Capital Management, LLC v. FTC , the Court found unanimously that the FTC did not have power under 15 U.S.C.   § 53(b) of the FTC Act, amended in 1973, to seek equitable relief in courts; it had the power to seek only injunctive relief. In 2023, Project 2025 suggested that an administration could abolish the FTC. In November 2024, U.S. District Judge Amit Mehta agreed with Assistant Attorney General Jonathan Kanter and FTC Chair Khan, ruling

3264-657: The Bureau of Competition, the Bureau of Consumer Protection, and the Bureau of Economics. The Bureau of Competition is the division of the FTC charged with elimination and prevention of "anticompetitive" business practices. It accomplishes this through the enforcement of antitrust laws, review of proposed mergers , and investigation into other non-merger business practices that may impair competition. Such non-merger practices include horizontal restraints, involving agreements between direct competitors, and vertical restraints , involving agreements among businesses at different levels in

3360-515: The FTC sued Meta (formally known as Facebook) for anticompetitive conduct under Section 2 of the Sherman Act , which prohibits improper monopolization of a market. The FTC accused Meta of buying up its competitors to stifle competition which reduced the range of services available to consumers and by creating fewer social media platforms for advertisers to target. In September 2013, a federal court closed an elusive business opportunity scheme on

3456-551: The FTC to continue to appeal the decision. In July 2021, the FTC voted unanimously to enforce the right to repair as policy and to look to take action against companies that limit the type of repair work that can be done at independent repair shops. In October 2024, following a comment by the FTC to the US Copyright Office , an exemption was granted allowing for repair of retail-level food preparation equipment, such as McDonald's ice cream machines . In December 2020

3552-594: The FTC's success in blocking or unwinding of hospital consolidations or affiliations: In 2011, the FTC successfully challenged in court the $ 195 million acquisition of Palmyra Medical Center by Phoebe Putney Memorial Hospital. The FTC alleged that the transaction would create a monopoly as it would "reduce competition significantly and allow the combined Phoebe/Palmyra to raise prices for general acute-care hospital services charged to commercial health plans, substantially harming patients and local employers and employees". The Supreme Court on February 19, 2013, ruled in favor of

3648-465: The FTC. Similarly, court attempts by ProMedica health system in Ohio to overturn an order by the FTC to the company to unwind its 2010 acquisition of St. Luke's hospital were unsuccessful. The FTC claimed that the acquisition would hurt consumers through higher premiums because insurance companies would be required to pay more. In December 2011, an administrative judge upheld the FTC's decision, noting that

3744-406: The FTC. They were banned from processing credit card transactions, though the initial monetary judgment of $ 5.8 million was suspended due to the defendant's inability to pay. In 2016, the FTC launched action against the academic journal publisher OMICS Publishing Group for producing predatory journals and organizing predatory conferences . This action, partly in response to ongoing pressure from

3840-426: The GPL or on a separate Outer Burial Container Price List. If included on the GPL, the following disclosure must be included and placed directly next to the outer burial container prices: “In most areas of the country, state or local law does not require that you buy a container to surround the casket in the grave. However, many cemeteries require that you have such a container so that the grave will not sink in. Either

3936-588: The GPL that embalming is not required by law except in special circumstances and must include the following disclosure language: “Except in certain special cases, embalming is not required by law. Embalming may be necessary, however, if you select certain funeral arrangements, such as a funeral with a viewing. If you do not want embalming, you usually have the right to choose an arrangement that does not require you to pay for it, such as direct cremation or immediate burial.” If state or local law does not require embalming under any circumstances, The Funeral Rule allows for

Federal Trade Commission - Misplaced Pages Continue

4032-545: The Rockford area and would have a market share of 64%. Later in 2012, OSF announced that it had abandoned its plans to acquire Rockford Health System. The commission is headed by five commissioners, who each serve seven-year terms. Commissioners are nominated by the president and confirmed by the Senate . No more than three commissioners can be of the same political party . In practice, this means that two commissioners are of

4128-429: The U.S., all veterans are entitled to a free burial in a national cemetery and a grave marker. This benefit is also extended to some civilians who provided military related services and some Public Health service providers. Additionally, this benefit includes the veteran's spouse and dependent children who also may receive a free burial in a national cemetery and a grave marker. Cemeteries are prohibited from charging

4224-842: The academic community, is the first action taken by the FTC against an academic journal publisher. The complaint alleges that the defendants have been "deceiving academics and researchers about the nature of its publications and hiding publication fees ranging from hundreds to thousands of dollars". It additionally notes that "OMICS regularly advertises conferences featuring academic experts who were never scheduled to appear in order to attract registrants" and that attendees "spend hundreds or thousands of dollars on registration fees and travel costs to attend these scientific conferences." Manuscripts are also sometimes held hostage, with OMICS refusing to allow submissions to be withdrawn and thereby preventing resubmission to another journal for consideration. Library scientist Jeffrey Beall has described OMICS as among

4320-549: The agency also alleged that the companies created a rebate system that prioritized high rebates from drug manufacturers, among other factors. The agency stated that several PBMs failed to provide documents in a timely manner and warned that it could take the companies to court to force them to comply, during the announcment in the preliminary findings. In September 2024, the FTC sued the three largest pharmacy benefit managers (PBMs) for allegedly engaging in anti-competitive practices that increased their profits while artificially inflating

4416-473: The agency requested documents from the six largest PBMs as part of its investigation. The three largest – UnitedHealth Group's OptumRx , Cigna's Express Scripts and CVS Health's Caremark – manage about 80% of U.S. prescriptions. The top three PBMs share a parent company with a large medical insurance company . The FTC accused these companies of raising drug prices through conflicts of interest , vertical integration , concentration, and exclusivity provisions;

4512-476: The basis service fee and what is being itemized as optional and charged for separately. The itemized statement must include the charges for cash advance goods and services. If the funeral home is unsure of the exact amount of cash advance items, a written “good faith estimate” must be provided in writing. The itemized statement must also disclose any legal, crematory or cemetery requirements on any goods or service purchased. Many funeral homes require embalming if

4608-457: The behavior of ProMedica health system and St. Luke's was indeed anticompetitive. The court ordered ProMedica to divest St. Luke's to a buyer that would be approved by the FTC within 180 days of the date of the order. In November 2011, the FTC filed a lawsuit alleging that the proposed acquisition of Rockford by OSF would drive up prices for general acute-care inpatient services as OSF would face only one competitor (SwedishAmerican health system) in

4704-484: The biggest pay raises. It also allows workers to leave abusive work environments and can prevent some doctors from having to leave medicine once they leave a practice. The ban was put on hold by U.S. District Judge Ada Brown on July 3, 2024, but then upheld on appeal by U.S. District Judge Kelley B. Hodge on July 23, 2024. On August 20, 2024, a federal court in Texas overturned the FTC's ban on non-compete agreements, which

4800-613: The commissioners – the Appointments Clause of the Constitution vests that power in the president. The Senate does participate, however, in appointments through " advice and consent ", which occurs through confirmation hearings and votes on the president's nominees. These agencies are not represented in the cabinet and are not part of the Executive Office of the president: Although not officially part of

4896-488: The company a monopoly, and ordering Google to sell its Chrome web browser. The FTC ruled to ban virtually all non-competes nationwide in April 2024. The agency estimates 30 million workers are bound by these clauses and only excludes senior executives from the ban on enforcing non-competes. The agency believes that this will allow workers to find better working conditions and pay, since switching companies, on average, provides

SECTION 50

#1732780798495

4992-539: The complaint by entering into a consent decree with the FTC that required it to surrender some profits and placed restrictions upon Gateway for the following 20 years. In addition to prospective analysis of the effects of mergers and acquisitions, the FTC has recently resorted to retrospective analysis and monitoring of consolidated hospitals. Thus, it also uses retroactive data to demonstrate that some hospital mergers and acquisitions are hurting consumers, particularly in terms of higher prices. Here are some recent examples of

5088-421: The cost of an urn or other container and the cemetery plot or crypt if the remains are buried or entombed. If the funeral home does not provide crematory services, a third-party crematory service fee will also be added on. The Funeral Rule establishes that all funeral homes that offer cremation must offer consumers containers other than caskets . U.S. persons, under The Funeral Rule, are not required to use

5184-595: The courts. With the 1912 presidential election decided in favor of the Democrats and Woodrow Wilson , Morgan reintroduced a slightly amended version of his bill during the April 1913 special session. The national debate culminated in Wilson's signing of the FTC Act on September 26, 1914, with additional tightening of regulations in the Clayton Antitrust Act three weeks later. The new FTC would absorb

5280-791: The deceased pre-need contract holder inquire about funeral goods or services, alter the pre-need funeral arrangements or are required to pay additional sums of money, all relevant price lists and disclosures must be provided in writing, either printed or typewritten, by the funeral home in a format for them to keep. The survivors must also be provided, in writing, an itemized statement and final cost. Individuals or organizations selling pre-need contracts on behalf of, or acting as an agent of, one or more funeral homes, but who themselves do not sell funeral goods or services, must comply with The Funeral Rule. The Funeral Rule does not apply to pre-need funeral arrangements or pre-need contracts purchased before The Funeral Rule went into effect in 1984. However, if

5376-411: The defendants from falsely representing that their journals engage in peer review, that their journals are included in any academic journal indexing service or any measurement of the extent to which their journals are cited. It also requires that the defendants clearly and conspicuously disclose all costs associated with submitting or publishing articles in their journals." In April 2019, the court imposed

5472-828: The executive branch, these agencies are required by federal statute to release certain information about their programs and activities into the Federal Register , the daily journal of government activities: [REDACTED]  This article incorporates public domain material from Independent Agencies . USA.gov . Funeral Rule All U.S. funeral providers must comply with The Funeral Rule. The Funeral Rule defines such terms as, among others, funeral provider, funeral goods and funeral services and specifies various consumer rights, as well as specific parameters in which funeral industry goods and service providers must respect consumer rights and conduct their business. The Funeral Rule defines and provides parameters in

5568-508: The family for opening or closing fees, charging for an outer burial container or the grave marker setting in a national cemetery, however, families are responsible for the remaining expenses. Many states have established state veteran cemeteries, but this varies state by state and the specific state should be contacted for more information. The Funeral Rule advises that consumers should be cautious when considering commercial cemeteries offering “veterans specials”. The Funeral Rule advises that

5664-497: The first speech on the House floor advocating its creation on February 21, 1912. Though the initial bill did not pass, the questions of trusts and antitrust dominated the 1912 election. Most political party platforms in 1912 endorsed the establishment of a federal trade commission with its regulatory powers placed in the hands of an administrative board, as an alternative to functions previously and necessarily exercised so slowly through

5760-435: The following key subject areas: - The GPL must contain a written acknowledgement that consumers have the right to choose the funeral goods and services desired, with some exceptions The Funeral Rule defines clearly several funeral types to minimize the chance of miscommunication or misunderstanding between the funeral service provider and customer. The Funeral Rule describes a traditional, full-service funeral as including

5856-439: The funeral and may not charge any fees for acceptance. Some caskets include features such as “gasketed”, “protective” or includes a “sealer”. These terms generally mean the casket has a rubber gasket or other feature designed to delay water seepage and prevent rust. According to The Funeral Rule, these features may delay the decomposition of the remains, but they will not prevent it forever. Some caskets come with warranties, but

SECTION 60

#1732780798495

5952-403: The funeral home cannot claim either in writing or verbally that any process or product will preserve the remains indefinitely. When selecting a cemetery site, The Funeral Rule advises consumers to considering the following: - Location of the cemetery and burial plot - Religious requirements or affiliations - Restrictions or charges associated with the outer burial container if purchased from

6048-411: The funeral home must provide the customer with a written itemized statement, including the total cost. However, The Funeral Rule does not establish format guidelines for the itemized statement and it may be included on any document given to the customer at the end of the discussion about funeral arrangements. The Funeral Rule stresses the importance of understanding what goods and services are included in

6144-455: The funeral home purchases from a third-party vendor on behalf of their customer. Some examples of cash advance items include: - Flowers - obituary notice - Pallbearers - Officiating clergy - Organist or soloist The Funeral Rule stresses the importance of the consumer to clarify with the funeral home whether there is a premium charged for cash advance items. Some funeral homes pass through the exact expense to their customers, while others apply

6240-651: The goals the agency must work towards, as well as what substantive areas, if any, over which it may have the power of rulemaking. These agency rules (or regulations), when in force, have the power of federal law. Independent agencies exist outside the federal executive departments (those headed by a Cabinet secretary) and the Executive Office of the President. There is a further distinction between independent executive agencies and independent regulatory agencies, which have been assigned rulemaking responsibilities or authorities by Congress. The Paperwork Reduction Act lists 19 enumerated "independent regulatory agencies", such as

6336-415: The governing statute, but the functional differences have more legal significance. In reality, the high turnover rate among these commissioners or board members means that most presidents have the opportunity to fill enough vacancies to constitute a voting majority on each independent agency commission within the first two years of the first term as president. In some famous instances, presidents have found

6432-712: The independent agencies more loyal and in lockstep with the president's wishes and policy objectives than some dissenters among the executive agency political appointments . Although Congress can pass statutes limiting the circumstances under which the president can remove commissioners of independent agencies, if the independent agency exercises any executive powers like enforcement, and most of them do, Congress cannot reserve removal power over executive officers to itself. Constitutionally, Congress can only remove officers through impeachment proceedings. Members of Congress cannot serve as commissioners on independent agencies that have executive powers, nor can Congress itself appoint

6528-526: The list price of insulin. The agency is seeking to prohibit the PBMs from favoring medicines because certain pharaceuticals make them more money. In February 2024, the FTC challenged the Kroger-Albertsons merger , arguing it would drive up grocery and pharmacy prices, worsen service, and lower wages and working conditions. In March 2024, the FTC released a report that found higher profit margins as

6624-580: The merger between Microsoft and Activision Blizzard , Inc. The FTC alleged the deal would suppress competitors from accessing future content/games developed by Activision once the deal goes through. The FTC dropped its lawsuit on July 20, 2023. Microsoft had to restructure its deal to appease UK regulators. Microsoft reneged on promises it made in court filings by laying off 1900 employees in January 2024, signaling that it did not plan to let Activision Blizzard remain as independent as it had promised and leading

6720-511: The most egregious of predatory publishers . In November 2017, a federal court in the Court for the District of Nevada granted a preliminary injunction that: "prohibits the defendants from making misrepresentations regarding their academic journals and conferences, including that specific persons are editors of their journals or have agreed to participate in their conferences. It also prohibits

6816-399: The natural decomposition of human remains for a long term or an indefinite time. The Funeral Rule prohibits representation that funeral goods such as caskets or outer burial containers have protective features or will protect the body from gravesite substances because that is not true. All warranty information must be provided to the family and it must be clarified by the funeral home that

6912-442: The opportunity to appoint all the commissioners of a given independent agency. In addition, most independent agencies have a statutory requirement of bipartisan membership on the commission, so the president cannot simply fill vacancies with members of his own political party. The president can normally designate which commissioner will serve as the chairperson. Congress can designate certain agencies explicitly as "independent" in

7008-449: The opposition party. However, three members of the FTC throughout its history have been without party affiliation , with the most recent independent, Pamela Jones Harbour , serving from 2003 to 2009. (chair) Yale Law School ( JD ) Yale Law School (JD) Yale Law School (JD) University of Utah Law School (JD) University of Virginia School of Law (JD) Notes As of 2021, there have been: The FTC has three main bureaus:

7104-430: The phrase “except in certain special cases” to be omitted. This disclosure should be placed directly next to the price for embalming. If a family member wants to briefly view the deceased by lifting the lid of the casket prior to an immediate burial, The Funeral Rule prohibits the funeral home from charging the family for preparation of the body if embalming is declined. The request to see the deceased does not constitute

7200-419: The pleasure of the president" and can be removed without cause. The degree to which the President has the power to use executive orders to set policy for independent executive agencies is disputed. Many orders specifically exempt independent agencies, but some do not. Executive Order 12866 has been a particular matter of controversy; it requires cost-benefit analysis for certain regulatory actions. In

7296-406: The power to remove officials from agencies that were "an arm or an eye of the executive", it upheld statutory limitations on the president's power to remove officers of administrative bodies that performed quasi-legislative or quasi-judicial functions, such as the Federal Trade Commission. Presidents normally do have the authority to remove regular executive agency heads at will , but they must meet

7392-409: The pre-paid funds held? Rules governing the custody of pre-paid funds vary state by state. - Pre-paid funeral arrangements are not covered by federal law and state law varies state by state. - Who benefits from the interest income if the pre-paid funds earn interest? - What protections are in place for the consumer in the event that the funeral home holding the pre-need contract goes out of business or

7488-466: The president, they can be controlled by a board that cannot be appointed all at once, and the board can be required to be bipartisan. Presidential attempts to remove independent agency officials have generated most of the important Supreme Court legal opinions in this area. In 1935, the Supreme Court in the case of Humphrey's Executor v. United States decided that although the president had

7584-452: The price range for direct cremation. If direct cremation is not offered, that disclosure may be omitted. 3. Outer Burial Container -The Funeral Rule prohibits funeral homes from telling consumers that state or local law requires them to buy an outer burial container unless that not true. Consumers must also be told that state law does not require them to purchase an outer burial container. Prices for outer burial containers may be included on

7680-414: The remains - embalming or other preparation - Use of the funeral home and staff for viewing or visitation - The funeral or memorial ceremony - Use of the hearse for transportation to the cemetery - Limousine for family or pallbearers - casket or urn - Outer burial container, if required by the cemetery Alternate burial container - cremation or inurnment A cash advance is used for any goods or services that

7776-643: The request of the FTC, namely "Money Now Funding"/"Cash4Businesses". The FTC alleged that the defendants misrepresented potential earnings, violated the National Do Not Call Register , and violated the FTC's Business Opportunity Rule in preventing a fair consumer evaluation of the business. This was one of the first definitive actions taken by any regulator against a company engaging in transaction laundering, where almost US$ 6 million were processed illicitly. In December 2018, two defendants, Nikolas Mihilli and Dynasty Merchants, LLC, settled with

7872-488: The same party . One member of the body serves as FTC Chair at the President's pleasure, with Commissioner Lina Khan having served as chair since June 2021. Following the Supreme Court decisions against Standard Oil and American Tobacco in May 1911, the first version of a bill to establish a commission to regulate interstate trade was introduced on January 25, 1912, by Oklahoma congressman Dick Thompson Morgan . He would make

7968-611: The same industry (such as suppliers and commercial buyers). The FTC shares enforcement of antitrust laws with the Department of Justice . However, while the FTC is responsible for civil enforcement of antitrust laws, the Antitrust Division of the Department of Justice has the power to bring both civil and criminal action in antitrust matters. The Bureau of Consumer Protection's mandate is to protect consumers against unfair or deceptive acts or practices in commerce. With

8064-495: The savings offered are usually recaptured through charging inflated fees for an adjoining spouse plot and/or high opening and closing fees. With the exception of a cemetery plot if you are certain of where you want to be buried or entombed, the Federal Trade Commission does not advocate purchasing pre-need contracts . The Funeral Rule states that all guidelines and rules set forth must be complied with at

8160-452: The separate endowment care fee for maintenance and grounds keeping - If cremated remains are housed at a cemetery, clarify mausoleum or columbarium fees - Opening mausoleum or columbarium fees - Closing mausoleum or columbarium fees - Perpetual endowment charges for maintenance or other services of the mausoleum or columbarium The Funeral Rule does not apply to cemeteries and mausoleums unless they offer both funeral goods and services. In

8256-463: The staff and duties of Bureau of Corporations , previously established under the Department of Commerce and Labor in 1903. The FTC could additionally challenge "unfair methods of competition" and enforce the Clayton Act's more specific prohibitions against certain price discrimination, vertical arrangements, interlocking directorates , and stock acquisitions. In 1984, the FTC began to regulate

8352-409: The statutory requirements for removal of commissioners of independent agencies, such as demonstrating incapacity, neglect of duty , malfeasance , or other good cause . While most executive agencies have a single director, administrator, or secretary appointed by the president of the United States , independent agencies (in the narrower sense of being outside presidential control) almost always have

8448-402: The term refers only to those independent agencies that, while considered part of the executive branch , have regulatory or rulemaking authority and are insulated from presidential control, usually because the president's power to dismiss the agency head or a member is limited. Established through separate statutes passed by Congress , each respective statutory grant of authority defines

8544-411: The time pre-need funeral arrangements are discussed, at the time of contract purchase and at the time of the actual funeral . The Funeral Rule does not cover the language and parameters of the actual pre-need contract, nor does The Funeral Rule set forth guidelines on things such as payment options, costs or ability to modify, transfer or cancel the contract, or administrative fees. If the survivors of

8640-411: The viewing or service, use of vehicles (limousine) to transport the family or pallbearers, the casket or urn , the cemetery plot or crypt , flowers, obituary notice , and others. The Funeral Rule describes immediate burial as a burial that occurs shortly after death with no viewing or visitation and is usually in a simple container or casket. There is generally no viewing or visitation, so embalming

8736-454: The warranty is for the durability of the casket, not for protection from eventual decomposition of the remains. Under The Funeral Rule, no person selling any casket may claim that caskets with these features will prevent decomposition of the remains forever, because that is not possible. According to The Funeral Rule, funeral homes and any crematory must comply with the following: - An inexpensive, unfinished wood or alternative container, with

8832-420: The written consent of the commission, Bureau attorneys enforce federal laws related to consumer affairs and rules promulgated by the FTC. Its functions include investigations, enforcement actions, and consumer and business education. Areas of principal concern for this bureau are: advertising and marketing, financial products and practices, telemarketing fraud , privacy and identity protection, etc. The bureau also

8928-598: Was established in 1914 with the passage of the Federal Trade Commission Act , signed in response to the 19th-century monopolistic trust crisis. Since its inception, the FTC has enforced the provisions of the Clayton Act , a key antitrust statute, as well as the provisions of the FTC Act, 15 U.S.C.   § 41 et seq. Over time, the FTC has been delegated with the enforcement of additional business regulation statutes and has promulgated

9024-734: Was originally scheduled to take effect on September 4, 2024. U.S. District Judge Ada Brown said the FTC did not have the authority to issue the ban, which she said was "unreasonably overbroad without a reasonable explanation." Victoria Graham, an FTC spokeswoman responded to the ruling by stating "We are seriously considering a potential appeal..." The FTC successfully blocked Nvidia from purchasing ARM holdings in 2022. The FTC has pursued lawsuits against companies to lower drug prices, including for insulin and for inhalers. The FTC launched its investigation into pharmacy benefit managers (PBMs) in 2022. In July 2024, it released an interim report on its 2-year investigation into pharmacy benefit managers ,

9120-406: Was required by state law in certain special circumstances - The customer must receive written disclosure stating that individuals usually have the right to choose a disposition that does not require embalming, such as direct cremation or immediate burial , which do not require embalming - Written disclosure must be made if a funeral arrangement, such a viewing or visitation, may require embalming as

9216-452: Was to sign up." Khan said in a interview that the new rule is designed so that if consumers signed up online, they must also be able to cancel on the same website in the same number of steps. The rule’s final provisions will go into effect 180 days after it is published in the Federal Register . It also targeted airlines and credit card companies over junk fees and high prices. In 2023, the FTC authorized an administrative complaint against

#494505