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Federal Deception Law: 16 C.F.R. § 437.8. Franchise exemption

The provisions of this Rule shall not apply to any business opportunity that constitutes a “franchise,” as defined in the Franchise Rule, 16 CFR part 436; provided, however, that the provisions of this Rule shall apply to any such franchise if it is exempted from the provisions of part 436 because, either:

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

16 C.F.R.

§ 444.1 Definitions.

§ 444.2 Unfair credit practices.

§ 444.3 Unfair or deceptive cosigner practices.

§ 444.4 Late charges.

§ 444.5 State exemptions.

SOURCE: 49 Fed. Reg. 7789 (Mar. 1, 1984), unless otherwise noted.

AUTHORITY: Sec. 18(a), 88 Stat. 2193, as amended by 93 Stat. 95 (15 U.S.C. § 57a); 80 Stat. 383, as amended by 81 Stat. 54 (5 U.S.C. § 552).

Federal Deception Law: 16 C.F.R. § 444.1. Definitions

(a) Lender. A person who engages in the business of lending money to consumers within the jurisdiction of the Federal Trade Commission.

(b) Retail installment seller. A person who sells goods or services to consumers on a deferred payment basis or pursuant to a lease-purchase arrangement within the jurisdiction of the Federal Trade Commission.

(c) Person. An individual corporation, or other business organization.

Federal Deception Law: 16 C.F.R. § 444.2. Unfair credit practices

(a) In connection with the extension of credit to consumers in or affecting commerce, as commerce is defined in the Federal Trade Commission Act, it is an unfair act or practice within the meaning of Section 5 of that Act for a lender or retail installment seller directly or indirectly to take or receive from a consumer an obligation that:

Federal Deception Law: 16 C.F.R. § 444.3. Unfair or deceptive cosigner practices

(a) In connection with the extension of credit to consumers in or affecting commerce, as commerce is defined in the Federal Trade Commission Act, it is:

(1) A deceptive act or practice within the meaning of section 5 of that Act for a lender or retail installment seller, directly or indirectly, to misrepresent the nature or extent of cosigner liability to any person.

Federal Deception Law: 16 C.F.R. § 444.4. Late charges

(a) In connection with collecting a debt arising out of an extension of credit to a consumer in or affecting commerce, as commerce is defined in the Federal Trade Commission Act, it is an unfair act or practice within the meaning of section 5 of that Act for a creditor, directly or indirectly, to levy or collect any delinquency charge on a payment, which payment is otherwise a full payment for the applicable period and is paid on its due date or within an applicable grace period, when the only delinquency is attributable to late fee(s) or delinquency c

Federal Deception Law: 16 C.F.R. § 444.5. State exemptions

(a) If, upon application to the Federal Trade Commission by an appropriate State agency, the Federal Trade Commission determines that:

(1) There is a State requirement or prohibition in effect that applies to any transaction to which a provision of this rule applies; and

(2) The State requirement or prohibition affords a level of protection to consumers that is substantially equivalent to, or greater than, the protection afforded by this rule;

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.