§ 444.4 16 CFR Ch. I (1–1–99 Edition)
agreement creating the cosigner’s li- lent to, or greater than, the protection ability for future charges is executed: afforded by this rule;
NOTICE TO COSIGNER Then that provision of the rule will not be in effect in that State to the extent You are being asked to guarantee this debt. Think carefully before you do. If the specified by the Federal Trade Com- borrower doesn’t pay the debt, you will have mission in its determination, for as to. Be sure you can afford to pay if you have long as the State administers and en- to, and that you want to accept this respon- forces the State requirement or prohi- sibility. bition effectively. You may have to pay up to the full amount (b) [Reserved] of the debt if the borrower does not pay. You may also have to pay late fees or collection costs, which increase this amount. PART 453—FUNERAL INDUSTRY The creditor can collect this debt from you PRACTICES without first trying to collect from the bor- rower. The creditor can use the same collec- tion methods against you that can be used Sec. against the borrower, such as suing you, gar- 453.1 Definitions. nishing your wages, etc. If this debt is ever 453.2 Price disclosures. in default, that fact may become a part of 453.3 Misrepresentations. your credit record. 453.4 Required purchase of funeral goods or This notice is not the contract that makes funeral services. you liable for the debt. 453.5 Services provided without prior ap- proval. § 444.4 Late charges. 453.6 Retention of documents. (a) In connection with collecting a 453.7 Comprehension of disclosures. debt arising out of an extension of 453.8 Declaration of intent. credit to a consumer in or affecting 453.9 State exemptions. commerce, as commerce is defined in AUTHORITY: 15 U.S.C. 57a(a); 15 U.S.C. 46(g); the Federal Trade Commission Act, it 5 U.S.C. 552. is an unfair act or practice within the meaning of section 5 of that Act for a SOURCE: 59 FR 1611, Jan. 11, 1994, unless otherwise noted. creditor, directly or indirectly, to levy or collect any deliquency charge on a § 453.1 Definitions. payment, which payment is otherwise a full payment for the applicable pe- (a) Alternative container. An ‘‘alter- riod and is paid on its due date or with- native container’’ is an unfinished in an applicable grace period, when the wood box or other non-metal receptacle only delinquency is attributable to late or enclosure, without ornamentation fee(s) or delinquency charge(s) assessed or a fixed interior lining, which is de- on earlier installment(s). signed for the encasement of human re- (b) For purposes of this section, col- mains and which is made of fiberboard, lecting a debt means any activity other pressed-wood, composition materials than the use of judicial process that is (with or without an outside covering) intended to bring about or does bring or like materials. about repayment of all or part of a con- (b) Cash advance item. A ‘‘cash ad- sumer debt. vance item’’ is any item of service or merchandise described to a purchaser § 444.5 State exemptions. as a ‘‘cash advance,’’ ‘‘accommoda- (a) If, upon application to the Federal tion,’’ ‘‘cash disbursement,’’ or similar Trade Commission by an appropriate term. A cash advance item is also any State agency, the Federal Trade Com- item obtained from a third party and mission determines that: paid for by the funeral provider on the (1) There is a State requirement or purchaser’s behalf. Cash advance items prohibition in effect that applies to may include, but are not limited to: any transaction to which a provision of cemetery or crematory services; pall- this rule applies; and bearers; public transportation; clergy (2) The State requirement or prohibi- honoraria; flowers; musicians or sing- tion affords a level of protection to ers; nurses; obituary notices; gratuities consumers that is substantially equiva- and death certificates.
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(c) Casket. A ‘‘casket’’ is a rigid con- (o) Person. A ‘‘person’’ is any individ- tainer which is designed for the encase- ual, partnership, corporation, associa- ment of human remains and which is tion, government or governmental sub- usually constructed of wood, metal, fi- division or agency, or other entity. berglass, plastic, or like material, and (p) Services of funeral director and ornamented and lined with fabric. staff. The ‘‘services of funeral director (d) Commission. ‘‘Commission’’ refers and staff’’ are the basic services, not to to the Federal Trade Commission. be included in prices of other cat- (e) Cremation. ‘‘Cremation’’ is a heat- egories in § 453.2(b)(4), that are fur- ing process which incinerates human nished by a funeral provider in arrang- remains. ing any funeral, such as conducting the (f) Crematory. A ‘‘crematory’’ is any arrangements conference, planning the person, partnership or corporation that funeral, obtaining necessary permits, performs cremation and sells funeral and placing obituary notices. goods. § 453.2 Price disclosures. (g) Direct cremation. A ‘‘direct crema- tion’’ is a disposition of human re- (a) Unfair or deceptive acts or practices. mains by cremation, without formal In selling or offering to sell funeral viewing, visitation, or ceremony with goods or funeral services to the public, the body present. it is an unfair or deceptive act or prac- (h) Funeral goods. ‘‘Funeral goods’’ tice for a funeral provider to fail to fur- are the goods which are sold or offered nish accurate price information dis- for sale directly to the public for use in closing the cost to the purchaser for connection with funeral services. each of the specific funeral goods and (i) Funeral provider. A ‘‘funeral pro- funeral services used in connection vider’’ is any person, partnership or with the disposition of deceased human corporation that sells or offers to sell bodies, including at least the price of funeral goods and funeral services to embalming, transportation of remains, the public. use of facilities, caskets, outer burial containers, immediate burials, or di- (j) Funeral services. ‘‘Funeral serv- rect cremations, to persons inquiring ices’’ are any services which may be about the purchase of funerals. Any fu- used to: neral provider who complies with the (1) Care for and prepare deceased preventive requirements in paragraph human bodies for burial, cremation or (b) of this section is not engaged in the other final disposition; and unfair or deceptive acts or practices (2) arrange, supervise or conduct the defined here. funeral ceremony or the final disposi- (b) Preventive requirements. To prevent tion of deceased human bodies. these unfair or deceptive acts or prac- (k) Immediate burial. An ‘‘immediate tices, as well as the unfair or deceptive burial’’ is a disposition of human re- acts or practices defined in § 453.4(b)(1), mains by burial, without formal view- funeral providers must: ing, visitation, or ceremony with the (1) Telephone price disclosure. Tell per- body present, except for a graveside sons who ask by telephone about the service. funeral provider’s offerings or prices (l) Memorial service. A ‘‘memorial any accurate information from the service’’ is a ceremony commemorat- price lists described in paragraphs ing the deceased without the body (b)(2) through (4) of this section and present. any other readily available informa- (m) Funeral ceremony. A ‘‘funeral tion that reasonably answers the ques- ceremony’’ is a service commemorat- tion. ing the deceased with the body present. (2) Casket price list. (i) Give a printed (n) Outer burial container. An ‘‘outer or typewritten price list to people who burial container’’ is any container inquire in person about the offerings or which is designed for placement in the prices of caskets or alternative con- grave around the casket including, but tainers. The funeral provider must not limited to, containers commonly offer the list upon beginning discussion known as burial vaults, grave boxes, of, but in any event before showing cas- and grave liners. kets. The list must contain at least the
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retail prices of all caskets and alter- vider. The funeral provider must give native containers offered which do not the list upon beginning discussion of require special ordering, enough infor- any of the following: mation to identify each, and the effec- (1) The prices of funeral goods or fu- tive date for the price list. In lieu of a neral services; written list, other formats, such as (2) The overall type of funeral service notebooks, brochures, or charts may be or disposition; or used if they contain the same informa- (3) Specific funeral goods or funeral tion as would the printed or type- services offered by the funeral pro- written list, and display it in a clear vider. and conspicuous manner. Provided, (B) The requirement in paragraph however, that funeral providers do not (b)(4)(i)(A) of this section applies have to make a casket price list avail- whether the discussion takes place in able if the funeral providers place on the funeral home or elsewhere. Pro- the general price list, specified in para- vided, however, that when the deceased graph (b)(4) of this section, the infor- is removed for transportation to the fu- mation required by this paragraph. neral home, an in-person request at (ii) Place on the list, however pro- that time for authorization to embalm, duced, the name of the funeral provid- required by § 453.5(a)(2), does not, by er’s place of business and a caption de- itself, trigger the requirement to offer scribing the list as a ‘‘casket price the general price list if the provider in list.’’ seeking prior embalming approval dis- (3) Outer burial container price list. (i) closes that embalming is not required Give a printed or typewritten price list by law except in certain special cases, to persons who inquire in person about if any. Any other discussion during outer burial container offerings or that time about prices or the selection prices. The funeral provider must offer of funeral goods or services triggers the the list upon beginning discussion of, requirement under paragraph but in any event before showing the (b)(4)(i)(A) of this section to give con- containers. The list must contain at sumers a general price list. least the retail prices of all outer bur- (C) The list required in paragraph ial containers offered which do not re- (b)(4)(i)(A) of this section must contain quire special ordering, enough informa- at least the following information: tion to identify each container, and the (1) The name, address, and telephone effective date for the prices listed. In number of the funeral provider’s place lieu of a written list, the funeral pro- of business; vider may use other formats, such as notebooks, brochures, or charts, if they (2) A caption describing the list as a contain the same information as the ‘‘general price list’’; and printed or typewritten list, and display (3) The effective date for the price it in a clear and conspicuous manner. list; Provided, however, that funeral provid- (ii) Include on the price list, in any ers do not have to make an outer bur- order, the retail prices (expressed ei- ial container price list available if the ther as the flat fee, or as the price per funeral providers place on the general hour, mile or other unit of computa- price list, specified in paragraph (b)(4) tion) and the other information speci- of this section, the information re- fied below for at least each of the fol- quired by this paragraph. lowing items, if offered for sale: (ii) Place on the list, however pro- (A) Forwarding of remains to another duced, the name of the funeral provid- funeral home, together with a list of er’s place of business and a caption de- the services provided for any quoted scribing the list as an ‘‘outer burial price; container price list.’’ (B) Receiving remains from another (4) General price list. (i)(A) Give a funeral home, together with a list of printed or typewritten price list for re- the services provided for any quoted tention to persons who inquire in per- price; son about the funeral goods, funeral (C) The price range for the direct cre- services or prices of funeral goods or mations offered by the funeral pro- services offered by the funeral pro- vider, together with:
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(1) A separate price for a direct cre- with a list of the principal basic serv- mation where the purchaser provides ices provided for any quoted price and, the container; if the charge cannot be declined by the (2) Separate prices for each direct purchaser, the statement: ‘‘This fee for cremation offered including an alter- our basic services will be added to the native container; and total cost of the funeral arrangements (3) A description of the services and you select. (This fee is already included container (where applicable), included in our charges for direct cremations, in each price; immediate burials, and forwarding or (D) The price range for the imme- receiving remains.)’’. If the charge can- diate burials offered by the funeral pro- not be declined by the purchaser, the vider, together with: quoted price shall include all charges (1) A separate price for an immediate for the recovery of unallocated funeral burial where the purchaser provides provider overhead, and funeral provid- the casket; ers may include in the required disclo- (2) Separate prices for each imme- sure the phrase ‘‘and overhead’’ after diate burial offered including a casket the word ‘‘services’’; or or alternative container; and (2) The following statement: ‘‘Please (3) A description of the services and note that a fee of (specify dollar amount) container (where applicable) included for the use of our basic services is in- in that price; cluded in the price of our caskets. This (E) Transfer of remains to funeral same fee shall be added to the total home; cost of your funeral arrangements if (F) Embalming; you provide the casket. Our services in- (G) Other preparation of the body; clude (specify).’’ The fee shall include (H) Use of facilities and staff for all charges for the recovery of viewing; unallocated funeral provider overhead, (I) Use of facilities and staff for fu- and funeral providers may include in neral ceremony; the required disclosure the phrase ‘‘and (J) Use of facilities and staff for me- overhead’’ after the word ‘‘services.’’ morial service; The statement must be placed on the (K) Use of equipment and staff for general price list together with the graveside service; casket price range, required by para- (L) Hearse; and graph (b)(4)(iii)(A)(1) of this section, or (M) Limousine. together with the prices of individual (iii) Include on the price list, in any caskets, required by (b)(4)(iii)(A)(2) of order, the following information: this section. (A) Either of the following: (iv) The services fee permitted by (1) The price range for the caskets of- § 453.2(b)(4)(iii)(C)(1) or (C)(2) is the only fered by the funeral provider, together funeral provider fee for services, facili- with the statement: ‘‘A complete price ties or unallocated overhead permitted list will be provided at the funeral by this part to be non-declinable, un- home.’’; or less otherwise required by law. (2) The prices of individual caskets, (5) Statement of funeral goods and serv- disclosed in the manner specified by ices selected. (i) Give an itemized writ- paragraph (b)(2)(i) of this section; and ten statement for retention to each (B) Either of the following: person who arranges a funeral or other (1) The price range for the outer bur- disposition of human remains, at the ial containers offered by the funeral conclusion of the discussion of arrange- provider, together with the statement: ments. The statement must list at ‘‘A complete price list will be provided least the following information: at the funeral home.’’; or (A) The funeral goods and funeral (2) The prices of individual outer bur- services selected by that person and ial containers, disclosed in the manner the prices to be paid for each of them; specified by paragraph (b)(3)(i) of this (B) Specifically itemized cash ad- section; and vance items. (These prices must be (C) Either of the following: given to the extent then known or rea- (1) The price for the basic services of sonably ascertainable. If the prices are funeral director and staff, together not known or reasonably ascertainable,
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a good faith estimate shall be given immediate burial.’’ The phrase ‘‘except and a written statement of the actual in certain special cases’’ need not be charges shall be provided before the included in this disclosure if state or final bill is paid.); and local law in the area(s) where the pro- (C) The total cost of the goods and vider does business does not require services selected. embalming under any circumstances. (ii) The information required by this (b) Casket for cremation provisions—(1) paragraph (b)(5) may be included on Deceptive acts or practices. In selling or any contract, statement, or other doc- offering to sell funeral goods or funeral ument which the funeral provider services to the public, it is a deceptive would otherwise provide at the conclu- act or practice for a funeral provider sion of discussion of arrangements. to: (6) Other pricing methods. Funeral pro- (i) Represent that state or local law viders may give persons any other requires a casket for direct cremations; price information, in any other format, (ii) Represent that a casket is re- in addition to that required by quired for direct cremations. § 453.2(b)(2), (3), and (4) so long as the (2) Preventive requirements. To prevent statement required by § 453.2(b)(5) is these deceptive acts or practices, as given when required by the rule. well as the unfair or deceptive acts or practices defined in § 453.4(a)(1), funeral § 453.3 Misrepresentations. providers must place the following dis- (a) Embalming provisions. (1) Deceptive closure in immediate conjunction with acts or practices. In selling or offering to the price range shown for direct crema- sell funeral goods or funeral services to tions: ‘‘If you want to arrange a direct the public, it is a deceptive act or prac- cremation, you can use an alternative tice for a funeral provider to: container. Alternative containers en- (i) Represent that state or local law case the body and can be made of mate- requires that a deceased person be em- rials like fiberboard or composition balmed when such is not the case; materials (with or without an outside (ii) Fail to disclose that embalming covering). The containers we provide is not required by law except in certain are (specify containers).’’ This disclo- special cases, if any. sure only has to be placed on the gen- (2) Preventive requirements. To prevent eral price list if the funeral provider these deceptive acts or practices, as arranges direct cremations. well as the unfair or deceptive acts or (c) Outer burial container provisions— practices defined in §§ 453.4(b)(1) and (1) Deceptive acts or practices. In selling 453.5(2), funeral providers must: or offering to sell funeral goods and fu- (i) Not represent that a deceased per- neral services to the public, it is a de- son is required to be embalmed for: ceptive act or practice for a funeral (A) Direct cremation; provider to: (B) Immediate burial; or (i) Represent that state or local laws (C) A closed casket funeral without or regulations, or particular ceme- viewing or visitation when refrigera- teries, require outer burial containers tion is available and when state or when such is not the case; local law does not require embalming; (ii) Fail to disclose to persons arrang- and ing funerals that state law does not re- (ii) Place the following disclosure on quire the purchase of an outer burial the general price list, required by container. § 453.2(b)(4), in immediate conjunction (2) Preventive requirement. To prevent with the price shown for embalming: these deceptive acts or practices, fu- ‘‘Except in certain special cases, em- neral providers must place the follow- balming is not required by law. Em- ing disclosure on the outer burial con- balming may be necessary, however, if tainer price list, required by you select certain funeral arrange- § 453.2(b)(3)(i), or, if the prices of outer ments, such as a funeral with viewing. burial containers are listed on the gen- If you do not want embalming, you eral price list, required by § 453.2(b)(4), usually have the right to choose an ar- in immediate conjunction with those rangement that does not require you to prices: ‘‘In most areas of the country, pay for it, such as direct cremation or state or local law does not require that
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you buy a container to surround the the cost to the funeral provider for the casket in the grave. However, many item when such is not the case; cemeteries require that you have such (ii) Fail to disclose to persons arrang- a container so that the grave will not ing funerals that the price being sink in. Either a grave liner or a burial charged for a cash advance item is not vault will satisfy these requirements.’’ the same as the cost to the funeral pro- The phrase ‘‘in most areas of the coun- vider for the item when such is the try’’ need not be included in this dis- case. closure if state or local law in the (2) Preventive requirements. To prevent area(s) where the provider does busi- these deceptive acts or practices, fu- ness does not require a container to neral providers must place the follow- surround the casket in the grave. ing sentence in the itemized statement (d) General provisions on legal and cem- of funeral goods and services selected, etery requirements—(1) Deceptive acts or in immediate conjunction with the list practices. In selling or offering to sell of itemized cash advance items re- funeral goods or funeral services to the quired by § 453.2(b)(5)(i)(B): ‘‘We charge public, it is a deceptive act or practice you for our services in obtaining: for funeral providers to represent that (specify cash advance items),’’ if the federal, state, or local laws, or particu- funeral provider makes a charge upon, lar cemeteries or crematories, require or receives and retains a rebate, com- the purchase of any funeral goods or mission or trade or volume discount funeral services when such is not the upon a cash advance item. case. (2) Preventive requirements. To prevent § 453.4 Required purchase of funeral these deceptive acts or practices, as goods or funeral services. well as the deceptive acts or practices (a) Casket for cremation provisions—(1) identified in §§ 453.3(a)(1), 453.3(b)(1), Unfair or deceptive acts or practices. In and 453.3(c)(1), funeral providers must selling or offering to sell funeral goods identify and briefly describe in writing or funeral services to the public, it is on the statement of funeral goods and an unfair or deceptive act or practice services selected (required by for a funeral provider, or a crematory, § 453.2(b)(5)) any legal, cemetery, or cre- to require that a casket be purchased matory requirement which the funeral for direct cremation. provider represents to persons as com- (2) Preventive requirement. To prevent pelling the purchase of funeral goods or this unfair or deceptive act or practice, funeral services for the funeral which funeral providers must make an alter- that person is arranging. native container available for direct (e) Provisions on preservative and pro- cremations, if they arrange direct cre- tective value claims. In selling or offer- mations. ing to sell funeral goods or funeral (b) Other required purchases of funeral services to the public, it is a deceptive goods or funeral services—(1) Unfair or act or practice for a funeral provider deceptive acts or practices. In selling or to: offering to sell funeral goods or funeral (1) Represent that funeral goods or services, it is an unfair or deceptive act funeral services will delay the natural or practice for a funeral provider to: decomposition of human remains for a (i) Condition the furnishing of any fu- long-term or indefinite time; neral good or funeral service to a per- (2) Represent that funeral goods have son arranging a funeral upon the pur- protective features or will protect the chase of any other funeral good or fu- body from gravesite substances, when neral service, except as required by law such is not the case. or as otherwise permitted by this part; (f) Cash advance provisions—(1) Decep- (ii) Charge any fee as a condition to tive acts or practices. In selling or offer- furnishing any funeral goods or funeral ing to sell funeral goods or funeral services to a person arranging a fu- services to the public, it is a deceptive neral, other than the fees for: (1) Serv- act or practice for a funeral provider ices of funeral director and staff, per- to: mitted by § 453.2(b)(4)(iii)(C); (2) other (i) Represent that the price charged funeral services and funeral goods se- for a cash advance item is the same as lected by the purchaser; and (3) other
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funeral goods or services required to be circumstances regardless of any fu- purchased, as explained on the itemized neral choice which the family might statement in accordance with make; or § 453.3(d)(2). (2) Prior approval for embalming (ex- (2) Preventive requirements. (i) To pre- pressly so described) has been obtained vent these unfair or deceptive acts or from a family member or other author- practices, funeral providers must: ized person; or (A) Place the following disclosure in (3) The funeral provider is unable to the general price list, immediately contact a family member or other au- above the prices required by § 453.2(b)(4) thorized person after exercising due (ii) and (iii): ‘‘The goods and services diligence, has no reason to believe the shown below are those we can provide family does not want embalming per- to our customers. You may choose only formed, and obtains subsequent ap- the items you desire. If legal or other proval for embalming already per- requirements mean you must buy any formed (expressly so described). In items you did not specifically ask for, seeking approval, the funeral provider we will explain the reason in writing must disclose that a fee will be charged on the statement we provide describing if the family selects a funeral which re- the funeral goods and services you se- quires embalming, such as a funeral lected.’’ Provided, however, that if the with viewing, and that no fee will be charge for ‘‘services of funeral director charged if the family selects a service and staff’’ cannot be declined by the which does not require embalming, purchaser, the statement shall include such as direct cremation or immediate the sentence: ‘‘However, any funeral burial. arrangements you select will include a (b) Preventive requirement. To prevent charge for our basic services’’ between these unfair or deceptive acts or prac- the second and third sentences of the tices, funeral providers must include statement specified above herein. The on the itemized statement of funeral statement may include the phrase ‘‘and goods and services selected, required by overhead’’ after the word ‘‘services’’ if § 453.2(b)(5), the statement: ‘‘If you se- the fee includes a charge for the recov- lected a funeral that may require em- ery of unallocated funeral provider balming, such as a funeral with view- overhead; ing, you may have to pay for embalm- (B) Place the following disclosure in ing. You do not have to pay for em- the statement of funeral goods and balming you did not approve if you se- services selected, required by lected arrangements such as a direct § 453.2(b)(5)(i): ‘‘Charges are only for cremation or immediate burial. If we those items that you selected or that charged for embalming, we will explain are required. If we are required by law why below.’’ or by a cemetery or crematory to use any items, we will explain the reasons § 453.6 Retention of documents. in writing below.’’ To prevent the unfair or deceptive (ii) A funeral provider shall not vio- acts or practices specified in §§ 453.2 late this section by failing to comply and 453.3 of this rule, funeral providers with a request for a combination of must retain and make available for in- goods or services which would be im- spection by Commission officials true possible, impractical, or excessively and accurate copies of the price lists burdensome to provide. specified in §§ 453.2(b) (2) through (4), as applicable, for at least one year after § 453.5 Services provided without the date of their last distribution to prior approval. customers, and a copy of each state- (a) Unfair or deceptive acts or practices. ment of funeral goods and services se- In selling or offering to sell funeral lected, as required by § 453.2(b)(5), for at goods or funeral services to the public, least one year from the date of the ar- it is an unfair or deceptive act or prac- rangements conference. tice for any provider to embalm a de- ceased human body for a fee unless: § 453.7 Comprehension of disclosures. (1) State or local law or regulation To prevent the unfair or deceptive requires embalming in the particular acts or practices specified in §§ 453.2
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through 453.5, funeral providers must AUTHORITY: 88 Stat. 2189, 15 U.S.C. 2309; 38 make all disclosures required by those Stat. 717, as amended 15 U.S.C. 41 et seq. sections in a clear and conspicuous SOURCE: 49 FR 45725, Nov. 19, 1984, unless manner. Providers shall not include in otherwise noted. the casket, outer burial container, and general price lists, required by § 455.1 General duties of a used vehi- §§ 453.2(b)(2)–(4), any statement or infor- cle dealer; definitions. mation that alters or contradicts the (a) It is a deceptive act or practice information required by this part to be for any used vehicle dealer, when that included in those lists. dealer sells or offers for sale a used ve- hicle in or affecting commerce as com- § 453.8 Declaration of intent. merce is defined in the Federal Trade (a) Except as otherwise provided in Commission Act: § 453.2(a), it is a violation of this rule to (1) To misrepresent the mechanical engage in any unfair or deceptive acts condition of a used vehicle; or practices specified in this rule, or to (2) To misrepresent the terms of any fail to comply with any of the preven- warranty offered in connection with tive requirements specified in this rule; the sale of a used vehicle; and (b) The provisions of this rule are (3) To represent that a used vehicle is separate and severable from one an- sold with a warranty when the vehicle other. If any provision is determined to is sold without any warranty. be invalid, it is the Commission’s in- (b) It is an unfair act or practice for tention that the remaining provisions any used vehicle dealer, when that shall continue in effect. dealer sells or offers for sale a used ve- (c) This rule shall not apply to the hicle in or affecting commerce as com- business of insurance or to acts in the merce is defined in the Federal Trade conduct thereof. Commission Act: (1) To fail to disclose, prior to sale, § 453.9 State exemptions. that a used vehicle is sold without any warranty; and If, upon application to the Commis- (2) To fail to make available, prior to sion by an appropriate state agency, sale, the terms of any written warranty the Commission determines that: offered in connection with the sale of a (a) There is a state requirement in ef- used vehicle. fect which applies to any transaction (c) The Commission has adopted this to which this rule applies; and Rule in order to prevent the unfair and (b) That state requirement affords an deceptive acts or practices defined in overall level of protection to consum- paragraphs (a) and (b). It is a violation ers which is as great as, or greater of this Rule for any used vehicle dealer than, the protection afforded by this to fail to comply with the require- rule; then the Commission’s rule will ments set forth in §§ 455.2 through 455.5 not be in effect in that state to the ex- of this part. If a used vehicle dealer tent specified by the Commission in its complies with the requirements of determination, for as long as the State §§ 455.2 through 455.5 of this part, the administers and enforces effectively dealer does not violate this Rule. the state requirement. (d) The following definitions shall apply for purposes of this part: PART 455—USED MOTOR VEHICLE (1) Vehicle means any motorized vehi- TRADE REGULATION RULE cle, other than a motorcycle, with a gross vehicle weight rating (GVWR) of Sec. less than 8500 lbs., a curb weight of less 455.1 General duties of a used vehicle dealer; than 6,000 lbs., and a frontal area of definitions. less than 46 sq. ft. 455.2 Consumer sales—window form. (2) Used vehicle means any vehicle 455.3 Window form. driven more than the limited use nec- 455.4 Contrary statements. essary in moving or road testing a new 455.5 Spanish language sales. vehicle prior to delivery to a consumer, 455.6 State exemptions. but does not include any vehicle sold 455.7 Severability. only for scrap or parts (title documents
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