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 95-4

Adequacy of predecessor company's unaudited financial statements to comply with required disclosure of the financial statements of a newly formed franchisor, and to provide substantiation for earnings claims by the new franchisor.

Opinion 95-5

Applicability of the Franchise Rule to a turn-key dry cleaning franchise. Discusses "significant assistance" coverage element.

Opinion 95-2

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.

Opinion 95-1

Discusses whether a group of funeral homes may use a consolidated General Price List and whether the Funeral Rule applies to pricing issues.

Opinion 95-2

Applicability of the Franchise Rule to a home-care services sub-contracting arrangement. Discusses "significant control or assistance" and "required payment" coverage elements, and "fractional franchise" exemption.

Opinion 95-1

Applicability of the Franchise Rule to computer software distributorship enabling health care providers to order medical and office supplies. Discusses applicability of the Rule to "distributorships" and the "significant control or assistance" coverage element.

Opinion 94-2

Concludes that the basic services fee may not be discounted; that consumers may add additional items to direct cremation, immediate burial, and forwarding and receiving remains without necessarily paying the full basic services fee;  that the Rule requires disclosure of separate prices on the general price list for on-site and off-site visitation and funeral services, even if the price is the same; and that funeral providers may not charge a non-declinable washing and disinfection fee for handling un-embalmed remains.

Advisory opinion on whether proposed interlocking directorate would violate provisions of Final Order entered against SCM

Due to insufficient information supplied by respondent SCM Corporation, Commission was unable to determine whether proposed interlocking directorate would violate provisions of Final Order entered against SCM, Decisions Volume 103