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Federal Deception Law: Listing of Provisions, Source, and Authority

16 C.F.R.

§ 453.1 Definitions.

§ 453.2 Price disclosures.

§ 453.3 Misrepresentations.

§ 453.4 Required purchase of funeral goods or funeral services.

§ 453.5 Services provided without prior approval.

§ 453.6 Retention of documents.

§ 453.7 Comprehension of disclosures.

§ 453.8 Declaration of intent.

§ 453.9 State exemptions.

SOURCE: 59 Fed. Reg. 1611 (Jan. 11, 1994), unless otherwise noted.

AUTHORITY: 15 U.S.C. § 57a(a); 15 U.S.C. § 46(g); 5 U.S.C. § 552.

Federal Deception Law: 16 C.F.R. § 453.1. Definitions

(a) Alternative container. An “alternative container” is an unfinished wood box or other non-metal receptacle or enclosure, without ornamentation or a fixed interior lining, which is designed for the encasement of human remains and which is made of fiberboard, pressed-wood, composition materials (with or without an outside covering) or like materials.

Federal Deception Law: 16 C.F.R. § 453.3. Misrepresentations

(a) Embalming Provisions

(1) 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:

(i) Represent that State or local law requires that a deceased person be embalmed when such is not the case;

Federal Deception Law: 16 C.F.R. § 453.5. Services provided without prior approval

(a) Unfair or deceptive acts or practices. In selling or offering to sell funeral goods or funeral services to the public, it is an unfair or deceptive act or practice for any provider to embalm a deceased human body for a fee unless:

(1) State or local law or regulation requires embalming in the particular circumstances regardless of any funeral choice which the family might make; or

Federal Deception Law: 16 C.F.R. § 453.6. Retention of documents

To prevent the unfair or deceptive acts or practices specified in § 453.2 and § 453.3 of this rule, funeral providers must retain and make available for inspection by Commission officials true and accurate copies of the price lists specified in §§ 453.2(b)(2) through (4), as applicable, for at least one year after the date of their last distribution to customers, and a copy of each statement of funeral goods and services selected, as required by § 453.2(b)(5) for at least one year from the date of the arrangements conference.

Federal Deception Law: 16 C.F.R. § 453.7. Comprehension of disclosures

To prevent the unfair or deceptive acts or practices specified in § 453.2 through § 453.5, funeral providers must make all disclosures required by those sections in a clear and conspicuous manner. Providers shall not include in the casket, outer burial container, and general price lists, required by §§ 453.2(b)(2)–(4), any statement or information that alters or contradicts the information required by this part to be included in those lists.

Federal Deception Law: 16 C.F.R. § 453.8. Declaration of intent

(a) Except as otherwise provided in § 453.2(a), it is a violation of this rule to engage in any unfair or deceptive acts or practices specified in this rule, or to fail to comply with any of the preventive requirements specified in this rule;

(b) The provisions of this rule are separate and severable from one another. If any provision is determined to be invalid, it is the Commission’s intention that the remaining provisions shall continue in effect.

Federal Deception Law: 16 C.F.R. § 453.9. State exemptions

If, upon application to the Commission by an appropriate State agency, the Commission determines that:

(a) There is a State requirement in effect which applies to any transaction to which this rule applies; and

(b) That State requirement affords an overall level of protection to consumers which is as great as, or greater than, the protection afforded by this rule;

Federal Deception Law: 31 U.S.C. § 3729. False claims

(a) Liability for certain acts.

(1) In general.—Subject to paragraph (2), any person who—

(A) knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval;

(B) knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim;

Federal Deception Law: 31 U.S.C. § 3730. Civil actions for false claims

<For constitutionality of provisions of Pub. L. No. 111-148, see National Federation of Independent Business v. Sebelius, Secretary of Health and Human Services, 2012 WL 2427810.>

(a) Responsibilities of the Attorney General.—The Attorney General diligently shall investigate a violation under section 3729. If the Attorney General finds that a person has violated or is violating section 3729, the Attorney General may bring a civil action under this section against the person.

Federal Deception Law: 31 U.S.C. § 3731. False claims procedure

(a) A subpoena requiring the attendance of a witness at a trial or hearing conducted under section 3730 of this title may be served at any place in the United States.

(b) A civil action under section 3730 may not be brought—

(1) more than 6 years after the date on which the violation of section 3729 is committed, or

Federal Deception Law: 31 U.S.C. § 3732. False claims jurisdiction

(a) Actions under section 3730.—Any action under section 3730 may be brought in any judicial district in which the defendant or, in the case of multiple defendants, any one defendant can be found, resides, transacts business, or in which any act proscribed by section 3729 occurred. A summons as required by the Federal Rules of Civil Procedure shall be issued by the appropriate district court and served at any place within or outside the United States.

Federal Deception Law: 39 U.S.C. § 3009. Mailing of unordered merchandise

(a) Except for (1) free samples clearly and conspicuously marked as such, and (2) merchandise mailed by a charitable organization soliciting contributions, the mailing of unordered merchandise or of communications prohibited by subsection (c) of this section constitutes an unfair method of competition and an unfair trade practice in violation of section 45(a)(1) of title 15.

Consumer Bankruptcy Law and Practice: § 810 Overview

This chapter contains national judiciary policies regarding bankruptcy cases that were adopted either by the Judicial Conference of the United States or by the Director of the Administrative Office of the U.S. Courts (AO). They include:

Consumer Bankruptcy Law and Practice: § 820 Chapter 7 Fee Waiver Procedures

The Judicial Conference promulgated these procedures to assist district courts and bankruptcy courts with implementing the fee waiver provisions set forth in Section 418 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (Pub. L. No. 109-8, 199 Stat. 23), as codified at 28 U.S.C. §§ 1930(f)(1)–(3). JCUS-SEPT 13, pp. 8–9.

Consumer Bankruptcy Law and Practice: § 820.10 Filing Fee Waiver Application and Initiation of the Chapter 7 Case

(a) Instead of paying the prescribed chapter 7 filing fee or filing an installment application, an individual debtor may, along with the bankruptcy petition, file an application to waive the filing fee. See: 28 U.S.C. § 1930(f)(1).

(1) Federal Rule of Bankruptcy Procedure 1006(c) requires that the application be “prepared as prescribed by the appropriate Official Form” (Official Form 103B).

Consumer Bankruptcy Law and Practice: § 820.30 Developments in the Case

(a) Conversion to Another Chapter

(1) If the filing fee for an individual chapter 7 debtor is waived and the debtor’s case is later converted to a case under another chapter, the debtor must pay the full filing fee required for that chapter.

(2) The conversion order should give the debtor a reasonable time in which to either pay the fee in full or begin making installment payments.

(b) Fee Waiver Request After Installment Payment Application

Consumer Bankruptcy Law and Practice: § 830 Guidance for Protection of Tax Information

The Director of the AO promulgates this Guidance Regarding Tax Information under 11 U.S.C. § 521 as required by Section 315(c) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the Act) to safeguard the confidentiality of tax information, including tax returns, transcripts of returns, amendments to returns and any other document containing tax information provided by the debtor under 11 U.S.C. § 521.

Consumer Bankruptcy Law and Practice: § 830.10 Debtor’s Duty to Provide Tax Information

(a) Sections 521(e) and (f) of the Bankruptcy Code, which governs the provision of tax information, applies only to individual debtors filing under chapter 7, 11 or 13 of the Bankruptcy Code.

(b) Section 521(e)(2) requires a debtor to provide the trustee and any requesting creditor a copy or transcript of the federal income tax return required under applicable law for the most recent tax year ending immediately before the commencement of the case if filed.