Advisory Opinions

Our staff issue advisory opinions to help clarify FTC rules and decisions regarding either competition or consumer protection issues, often in response to requests from businesses and industry groups. To find a specific opinion, use the filters on this page. Parties may request advice from our staff concerning proposed conduct.

Opinion 97-3

Discusses whether alternative General Price Lists can be used for certain groups; whether funeral providers may charge translator fees; and whether the General Price List must be in English.

Opinion 97-4

Discusses Funeral Rule's requirements for itemization of charges, disclosure of service charges, and whether a private right of action exists under the Rule.

Opinion 97-3

Discusses the circumstances under which, in providing earnings information to loan processing officials at lending institutions to assist prospective franchisees in obtaining loans, franchisors may not be obligated to provide earnings claim disclosures.

Opinion 97-1

Opines that funeral provider’s refusal to accept delivery of a casket purchased from a third-party casket seller would violate the funeral rule.

Opinion 97-2

Advises that the funeral rule does not permit a funeral provider to require a family’spresence for delivery of a casket purchased from a third-party casket seller.

Opinion 96-4

Apparent applicability of the Franchise Rule to a joint venture and license agreement. Discusses the ineffectiveness of transfers to affiliated companies of ownership of the mark and of franchisee waivers to avoid coverage or compliance obligations.

Opinion 96-5

Inapplicability of the Franchise Rule retroactively where the parties anticipated at the time of the purchase that the Rule would not apply because the only required payments were deferred until at least six months after the business opened. Concludes that the result does not change if the franchisor sues the franchisee for breach of contract for failure to open on schedule.

Opinion 96-2

Apparent applicability of the Franchise Rule to a commercial real estate affiliation program. Discusses in detail the likely availability of the fractional franchise exemption to the affiliation arrangement.