1997 Minnesota Statutes

     149A.73 Funeral industry practices; required purchase of 
  funeral goods or funeral services. 

    Subdivision 1.    Casket for cremation provisions; 
 deceptive acts or practices.  In selling or offering to sell 
 funeral goods or funeral services to the public, it is a 
 deceptive act or practice for a funeral provider to require that 
 a casket be purchased for cremation. 

    Subd. 2.    Casket for cremation; preventive requirements. 
  To prevent unfair or deceptive acts or practices, if funeral 
 providers arrange cremations, they must make a cremation 
 container available for cremations. 

    Subd. 3.    Other required purchases of funeral goods or 
 funeral services; deceptive acts or practices.  In selling or 
 offering to sell funeral goods or funeral services to the 
 public, it is a deceptive act or practice for a funeral provider 
 to condition the furnishing of any funeral good or funeral 
 service to a consumer arranging a funeral upon the purchase of 
 any other funeral good or funeral service, except as may be 
 otherwise required by law or to charge any fee as a condition to 
 furnishing any funeral goods or funeral services to a consumer 
 arranging a funeral, other than the fees for services of funeral 
 director and staff, other funeral services and funeral goods 
 selected by the purchaser, and other funeral goods or services 
 required to be purchased, as explained on the itemized statement 
 in accordance with section 149A.72, subdivision 10. 

    Subd. 4.    Other required purchases of funeral goods or 
 funeral services; preventive requirements.  To prevent unfair 
 or deceptive acts or practices, funeral providers must place the 
 following disclosure in the general price list, immediately 
 above the prices required by section 149A.71, subdivision 2, 
 paragraph (e), clauses (4) to (10):  "The goods and services 
 shown below are those we can provide to our customers.  You may 
 choose only the items you desire.  If legal or other 
 requirements mean that you must buy any items you did not 
 specifically ask for, we will explain the reason in writing on 
 the statement we provide describing the funeral goods and 
 services you selected."  However, if the charge for "services of 
 funeral director and staff" cannot be declined by the purchaser, 
 the statement shall include the sentence "However, any funeral 
 arrangements you select will include a charge for our basic 
 services." between the second and third sentences of the 
 sentences specified in this subdivision.  The statement may 
 include the phrase "and overhead" after the word "services" if 
 the fee includes a charge for the recovery of unallocated 
 funeral overhead.  If the funeral provider does not include this 
 disclosure statement, then the following disclosure statement 
 must be placed in the statement of funeral goods and services 
 selected, as described in section 149A.71, subdivision 2, 
 paragraph (f):  "Charges are only for those items that you 
 selected or that are required.  If we are required by law or by 
 a cemetery or crematory to use any items, we will explain the 
 reasons in writing below."  A funeral provider is not in 
 violation of this subdivision by failing to comply with a 
 request for a combination of goods or services which would be 
 impossible, impractical, or excessively burdensome to provide. 

    HIST: 1997 c 215 s 30