W. Va. Code R. § 6-2-9

Current through Register Vol. XLI, No. 37, September 13, 2024

Section 6-2-9 - Price Lists

A crematory shall maintain type-written price lists and statements of goods and services prescribed in this section for all products and services offered for sale; provided that if the crematory also operates as a licensed funeral establishment pursuant to W. Va. Code §§ 30-6-1, et. seq., the crematory may include price information on the funeral establishment's required price lists, pursuant to 6 CSR 1, section 9 instead of maintaining a separate price list for available cremation services, as described below, so long as the information required by this section is included on the funeral establishment's price lists.

9.1. General Price List.

9.1.1. A General Price List, otherwise known as a "GPL," shall contain:

9.1.1.a. The caption; "General Price List;"

9.1.1.b. The effective date of the GPL;

9.1.1.c. Itemized list of all cremation services offered for sale, including exact prices or price ranges, from least expensive to most expensive;

9.1.1.d. Name of the crematory, the crematory operator in charge, full location and mailing address, and telephone number; and

9.1.1.e. Four disclosures, which include:

9.1.1.e.1. The consumer's right to select only the services desired;

9.1.1.e.2. The consumer's right to use alternative containers;

9.1.1.e.3. Basic non-declinable service fees for such things as delivery of goods express shipping, etc. or other service charges. The crematory shall disclose this as a separate charge or disclose this as a charge included in the price of the goods; and,

9.1.1.e.4. The availability of a separate Cremation Container Price List, if the crematory sells cremation containers.

9.1.2. The crematory shall give the GPL to anyone for retention that asks for it, or inquires about the services or goods offered for sale, in a face-to-face meeting with a representative of the crematory. Telephone inquiries are not considered face-to-face meetings.

9.1.3. During a telephone inquiry about the services or goods offered for sale, the crematory or its representative shall inform the caller that the GPL exists and that it is available at the crematory The crematory is not required to mail the GPL to the caller.

9.1.4. The crematory shall not charge a fee for the GPL.

9.2. Cremation Container Price List.

9.2.1. A Cremation Container Price List, otherwise known as a "CCPL" shall contain:

9.2.1.a. The caption: "Cremation Container Price List;"

9.2.1.b. The effective date of the Cremation Container Price List;

9.2.1.c. Name of the cremator; and

9.2.1.d. The retail price of each cremation container or other container or caskets offered for sale for use in cremations, that does not require special ordering, with enough information to identify it, such as the gauge of metal or type of wood, the exterior trim, and interior fabric, manufacturer name, or model number. A photograph or model number alone is not sufficient. Special ordering means purchasing of a casket or container that is not part of the regular offerings to customers.

9.2.2. The CCPL shall contain the following disclosure, with a listing of cremation containers sold by the crematory at the end of the last sentence of the disclosure:

"West Virginia law requires the use of a cremation container for thermal cremation as a matter of public health. You may choose a traditional wood casket or choose a less expensive alternative container which encases the body and is made of materials like fiberboard or composition material (with or without an outside covering). The containers we provide are _________________."

9.2.3. The CCPL shall be made available for review to anyone who, in a face-to-face meeting, asks about caskets; or cremation containers offered for sale or inquires about prices. The CCPL must be given to the consumer prior to showing these items to the consumer.

9.2.4. If the crematory also offers for sale caskets which are used for burial, a separate Cremation Container Price List shall not be required, provided that the-crematory maintains a Casket Price List, pursuant to Federal Trade Commission's Trade Regulation Rule for Funeral Industry Practices, 16 CFR Part 453, and which Casket Price List contains the content also required by subsections 9.2.1.d and 9.2.2 of this section.

9.3. Statement of Goods and Services.

9.3.1. A Statement of Goods and Services, otherwise known as the "SGS," shall contain:

9.3.1.a. Itemized list of good(s) and service(s) to be purchased;

9.3.1.b. The cost(s) of each good or service to be purchased;

9.3.1.c. Any cash advances for cash advance goods or deposits to be made toward purchase(s);

9.3.1.d. Total cost of purchase(s);

9.3.1.e. Final total cost after deduction of cash advances or deposits; and

9.3.1.f. Two disclosures, which include:

9.3.1.f.1. For legal requirements, "Charges are only for those items that you selected or that are required. If we are required by law or by a cemetery or funeral establishment to use any items, we will explain the reasons in writing below." The crematory shall write these reasons somewhere on the SGS.

9.3.1.f.2. For cash advance items, "We charge you for our services or goods in obtaining the following cash advance items below:" The crematory shall list these items somewhere on the SGS, if any exist.

9.3.2. The crematory shall give the SGS to the consumer at the end of discussion of the proposed purchase(s) prior to signing a contract to provide the goods and services contained on the SGS:

9.4. Telephone Price Disclosures.

9.4.1. The crematory shall give accurate information regarding goods and services offered for sale to the consumer who telephones the inquiring about the goods and services and the associated prices. The crematory shall provide the information based on the current GPL and CCPL.

9.4.2. A crematory, or any of its agents, shall not require a caller to disclose his or her name, address, or telephone number and shall not require the caller to come to the crematory to get price information.

9.5. Other Misrepresentations.

9.5.1. Protective Features.

A crematory or its agent, shall not tell consumers that goods, including but not limited to caskets, have protective features that will protect the body if not true.

9.5.2. Product Warranties.

A crematory or its agents shall provide warranty information to consumers inquiring of or purchasing goods or services for any good or service which has a warranty. The crematory shall inform the consumer about the warranties and who is providing the warranties, the manufacturer or the crematory.

9.5.3. Cash Advance Items.

A crematory or its agents shall inform the consumer that the price of the cash advance item is not the same as the crematory's cost, if the crematory or its agents receives and keeps a rebate, commission, or trade or volume discount. The crematory shall disclose this verbally and in writing on the SGS.

W. Va. Code R. § 6-2-9