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Andrews Mortuary, Inc. v. Federal Trade Commission

United States Court of Appeals for the Fourth Circuit

726 F.2d 993 (1984)

Facts

Following an investigation of funeral practices across the nation, and numerous rounds of comment, rebuttal, and public hearings on the issue, the Federal Trade Commission (FTC) (defendant) promulgated the Funeral Rule, which required, in part, that providers of funeral services give consumers a written list containing prices of funeral goods and services on an itemized basis before any discussion of funeral arrangements in order to protect consumers from deception. Andrews Mortuary, Inc., and other providers of funeral services (collectively, Andrews) (plaintiffs) initiated suit to challenge the Funeral Rule. On appeal, Andrews argued that the remedy of itemized price lists violated their First Amendment rights of commercial free speech and exceeded the FTC’s power under the Improvements Act.

Rule of Law

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Issue

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Holding and Reasoning (Hall, J.)

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