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; then the Commission's rule will not be in effect in that state to the extent specified by the Commission in its determination, for as long as the State administers and enforces effectively the state requirement.
Notes of Decisions
Cited in 2
cases, 1984–1989 · leading case: Nat'l Funeral Servs., Inc. v. Rockefeller, 870 F.2d 136 (4th Cir. 1989).
Nat'l Funeral Servs., Inc. v. Rockefeller, 870 F.2d 136 (4th Cir. 1989). “16 C.F.R. § 453.9 . Thus, not only is the Funeral Rule not a preemptive, pervasive regulation of the funeral industry, it actually encourages concurrent state regulation.”
Harry & Bryant Co. v. Fed. Trade Comm'n, 726 F.2d 993 (4th Cir. 1984). “§ 57a note, that the existence of state regulation was no barrier to a funeral rule as long as the rule allowed any state to obtain an exemption for its funeral homes by adopting laws that provide protection substantially similar to the federal rule.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.