Responds to requests for clarification of Advisory 99-6 addressing business consultants' disclosure obigations.
Discusses disclosure updating requirements, concluding that the Rule permits an additional update after the most recent quarterly update to disclose new litigation against a franchisor, but requires such an update only if the franchisor makes earnings claims and the litigation is...
Clarifies a previous opinion addressing when a future payment may satisfy the Rule's minimum payment requirement.
Apparent applicability of Rule to company providing locator services to business opportunity purchasers while also offering to sell vending machines.
Discusses the application of the Franchise Rule to a business arrangment involving multiple limited liability "strategic partners."
Discusses the application of the Telemarketing Sales Rule's "Established Business Relationship" exemption to an Internet-based lead generation mechanism.
Discusses the practice of upselling and certain exemptions to the Telemarketing Sales Rule.
Discusses the application of the Telemarketing Sales Rule's Fee Rule provision to independent or franchised agents of a company.
Discusses access to the National Do Not Call Registry by members of the market or opinion research industry.
Discusses the application of the Telemarketing Sales Rule to a proposed business plan involving the sale of automobile service contracts.
Discusses whether the transfer of a consumer-initiated call to a prerecorded message is restricted by Telemarketing Sales Rule provisions concerning outbound telephone call initiated to deliver a prerecorded message.
Discusses whether prerecorded messages to customers regarding the availability of free services for a limited time period is telemarketing under the Telemarketing Sales Rule.
Discusses applicability of TSR restrictions on the use of prerecorded messages in telemarketing to technology that enables call agents to respond to the recipient of a call by substituting audio recording of a response for the call agents' own voice.
Discusses the interplay between the recordkeeping requirements of the Telemarketing Sales Rule and the Do Not Call and Call Abandonment "safe harbor" provisions.
Discusses whether the Funeral Rule requires a funeral provider to make its facilities available for a memorial service to families who do not make any other funeral arrangements with the provider.
Discusses whether a funeral home is obligated to sell caskets without providing any funeral services.
Discusses whether additional information in the Statement of Funeral Goods and Services may be provided.
States staff view that discount packages may not discount the basic services fee, that fees for washing and disinfection may not be charged unless required by applicable law, and discusses how fees for off-site and on-site viewing should be described.
Reiterates the long-standing policy that funeral providers may not require consumers to inspect and accept third-party merchandise.
Confirms that crematories that offer funeral goods are covered by the Funeral Rule.