Cecily Zamora
The Federal Trade Commission (FTC) enforces a law known as the Funeral Rule to protect consumers when purchasing funeral goods and services. The Funeral Rule was established to regulate the funeral industry and protect consumers from unscrupulous selling practices. It ensures clear guidelines for funeral homes to comply with when selling their services and products to the public. While the Funeral Rule has been amended over the years, there are still ways in which it can be strengthened to better protect consumers. For example, the FTC is considering amending the Rule's current disclosure related to whether embalming is required. Additionally, the Rule does not apply to third-party sellers, such as casket and monument dealers, or to cemeteries that lack an on-site funeral home. This leaves consumers who purchase from these sellers unprotected by the Funeral Rule.
| Characteristics | Values |
|---|---|
| Funeral homes must provide a general price list | Consumers can compare prices among funeral homes and make informed decisions |
| Funeral homes must disclose the right to choose funeral goods and services | Consumers only pay for what they select |
| Funeral homes must disclose that embalming is not required by law | Consumers can choose an arrangement that does not require embalming |
| Funeral homes must disclose that alternative containers are available for cremation | Consumers can choose to use an inexpensive alternative container instead of a casket |
| Funeral homes must accept caskets or urns purchased from third-party providers | Consumers can purchase caskets or urns from elsewhere, and funeral homes cannot charge a handling fee |
| Funeral homes must provide a casket price list before showing caskets | Consumers can ask about lower-priced caskets that may not be on display |
| Funeral homes must provide an outer burial container price list | Consumers are informed that outer burial containers are not required by law but may be required by cemeteries |
| Funeral homes must provide an itemized statement of selected services and products before payment | Consumers can review and verify the selected items and their prices before paying |
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What You'll Learn
- Funeral homes should be required to disclose their embalming policy on the GPL
- Consumers should be able to purchase funeral goods and services separately
- Funeral homes should be prohibited from claiming that embalming is a legal requirement
- Funeral homes should be required to accept caskets or cremation urns purchased from third-party providers
- Funeral homes should be required to provide an itemized statement of all services and products purchased and their associated costs
Funeral homes should be required to disclose their embalming policy on the GPL
The Federal Trade Commission's (FTC) Funeral Rule is aimed at lowering barriers to price competition in the funeral goods and services market and facilitating informed consumer choices. The Funeral Rule ensures that consumers have access to sufficient information to make informed decisions, are not required to purchase goods and services they do not want, and are not misled by misrepresentations.
The Funeral Rule requires funeral providers to disclose on the General Price List (GPL) that embalming is not required by law, except in certain special cases. However, embalming may be necessary if certain funeral arrangements are selected, such as a funeral with a viewing. Consumers have the right to choose an arrangement that does not require embalming, such as direct cremation or immediate burial.
By disclosing their embalming policies, funeral homes empower consumers to make informed decisions about their funeral arrangements. This transparency ensures that consumers are aware of their options and are not misled into believing that embalming is mandatory when it may not be required by law in their jurisdiction. It also allows consumers to compare prices and select the most suitable funeral home for their needs.
Additionally, funeral homes should be required to disclose any fees associated with embalming services, such as "casket handling" fees, to ensure that consumers are fully informed about the costs involved. This disclosure should be included on the GPL or provided separately, depending on the funeral home's pricing structure.
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Consumers should be able to purchase funeral goods and services separately
The Federal Trade Commission's (FTC) Funeral Rule, enacted in 1984, guarantees consumers' right to buy only the funeral services and goods they want. This means that consumers are not required to purchase a package with items they don't want or need, such as embalming, a funeral service, or a hearse. All items must be listed and priced separately on the funeral home's General Price List (GPL), which the funeral home must provide to consumers at the beginning of any discussion of arrangements or over the phone.
The Funeral Rule also ensures that consumers have access to sufficient information to make informed decisions. For example, funeral providers must disclose that embalming is not required by law, except in certain special cases. Additionally, funeral homes that offer cremations must inform consumers that alternative containers, such as those made of unfinished wood, pressed wood, fiberboard, or cardboard, are available and must be made available.
The Rule also allows consumers to compare prices among funeral homes and select the funeral arrangements they want at the home they use. It is important to note that the Rule does not apply to third-party sellers, such as casket and monument dealers, or to cemeteries that lack an on-site funeral home.
To ensure compliance with the Funeral Rule, funeral providers must include certain disclosures on their GPL. For example, if a funeral provider operates in a state that never requires embalming by law, they must state, "Embalming is not required by law in [name of state]." If the provider operates in a state with varying requirements, they must list the specific circumstances under which embalming is necessary.
In addition to the Funeral Rule, consumer protection laws at the state level also prohibit deceptive practices, such as requiring consumers to buy unwanted or unneeded goods and services to obtain desired items. Consumers have the right to choose only the goods and services they want, except for the basic services fee and any items required by law. Funeral providers cannot refuse to serve a family because they do not purchase specific items or services from them.
It is important for consumers to carefully examine the funeral home's price list before signing any contract to ensure that the desired funeral fits within their budget and to be aware of any mandatory charges, such as the basic services fee. If consumers encounter any violations of their rights or unfair business practices, they can file a complaint with their state's Funeral Board, state Attorney General, or the Federal Trade Commission.
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Funeral homes should be prohibited from claiming that embalming is a legal requirement
In line with this, funeral providers must disclose on the General Price List (GPL) that "except in certain special cases, embalming is not required by law". However, they may also state that embalming may be necessary for certain funeral arrangements, such as a funeral with a viewing. This disclosure has been the subject of comments calling for clarification, indicating a need for improvement in how the information is presented.
To strengthen funeral laws, funeral providers should be required to state the correct law regarding embalming for the jurisdictions in which they operate. For example, if a provider operates in a state that never requires embalming, they must explicitly state that "embalming is not required by law in [state name]". On the other hand, if they operate in a state with specific requirements, they should list those circumstances, such as "embalming is required in [state name] when [state's legal requirement]". This ensures that consumers are informed of the relevant laws and are not misled into thinking that embalming is always legally mandated.
Additionally, funeral homes should be prohibited from making any representations that embalming will delay the natural decomposition of human remains for an extended period. While embalming can temporarily preserve the body for viewing, it is not a long-term solution. Funeral providers must be transparent about this distinction and not use it as a selling point for embalming services.
By prohibiting funeral homes from claiming that embalming is a legal requirement and instead providing clear and accurate information about relevant laws and alternatives, consumers can make informed choices without feeling pressured or misled.
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Funeral homes should be required to accept caskets or cremation urns purchased from third-party providers
The Funeral Rule specifies that it is an unfair or deceptive act for a funeral provider to refuse to handle a casket or urn purchased from a third-party provider or to charge a fee for doing so. This means that funeral homes cannot refuse to accept caskets or urns that have been bought online, at a local casket store, or from another source. Additionally, funeral homes cannot require the purchaser to be present when the casket or urn is delivered to them.
The Funeral Rule also addresses the issue of embalming, which is often presented as a requirement by funeral homes. However, the Rule states that embalming is not required by law in most cases and that consumers have the right to choose an arrangement that does not include embalming, such as direct cremation or immediate burial. Funeral providers are required to disclose this information to consumers and cannot charge for embalming if the consumer chooses an alternative arrangement.
The FTC is considering amending the Funeral Rule to further strengthen consumer protection. This includes modifying the disclosures about embalming to require providers to state the specific laws and requirements for each jurisdiction they operate in. The FTC is also reviewing comments about whether to modify the Rule's current disclosure related to whether embalming may be required in certain circumstances.
By enforcing the Funeral Rule and considering amendments to enhance its effectiveness, the FTC aims to protect consumers' rights and ensure that funeral homes provide transparent and accurate information about their prices and services.
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Funeral homes should be required to provide an itemized statement of all services and products purchased and their associated costs
Funeral planning is a stressful and emotionally challenging time, and consumers are often confronted with many decisions that must be made quickly. The Funeral Rule, enforced by the Federal Trade Commission (FTC), is designed to lower barriers to price competition and facilitate informed consumer choices. The Rule ensures consumers have access to information, are not required to purchase unwanted goods or services, and are protected from misrepresentations.
The FTC requires funeral providers to give consumers a general price list (GPL) when they enquire about funeral arrangements. This list must include certain information, such as the right to choose funeral goods and services, and any state or local laws requiring the purchase of specific items. However, the Rule does not apply to third-party sellers or cemeteries without an on-site funeral home.
The Funeral Rule also requires funeral providers to give consumers a casket price list, which may be included on the GPL or provided separately. Consumers have the right to ask about lower-priced products that may not be on display. Similarly, consumers have the right to see an outer burial container price list, as many cemeteries require these containers to prevent the grave from caving in.
Funeral homes must also disclose in writing that embalming may be required for certain funeral arrangements, such as a funeral with a viewing. Funeral providers must also inform consumers that alternative containers are available for cremation, and they cannot refuse to handle a casket or urn bought elsewhere.
To ensure transparency and protect consumers, funeral homes should be required to provide an itemized statement of all services and products purchased and their associated costs. This statement should be provided before payment is made and include all relevant costs, including any cash advance items. Consumers have the right to a "good faith estimate" if the funeral provider does not know the exact cost of cash advance items. This itemized statement allows consumers to understand the costs incurred and make informed decisions, aligning with the goals of the Funeral Rule.
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Frequently asked questions
The Funeral Rule is a law enforced by the Federal Trade Commission (FTC) that offers protection to consumers when purchasing funeral goods and services. It also provides clear guidelines for funeral homes to follow when selling their services and products.
The Funeral Rule ensures that consumers have access to sufficient information to make informed decisions. It also means that consumers are not required to purchase goods and services that they do not want or need.
Funeral providers must provide a General Price List (GPL) to consumers, which includes the funeral provider's contact information and six specific disclosures. These disclosures include the consumer's right to select only the goods and services they desire and a separate Outer Burial Container Price List.
The Funeral Rule addresses issues such as the requirement of embalming, the use of alternative containers for cremation, and the purchase of caskets from third-party providers. It also regulates unfair and deceptive practices in the sale of funeral goods and services.
The Funeral Law can be strengthened by amending the Funeral Industry Practices Rule to address specific concerns. This may include modifying disclosures related to embalming requirements and further clarifying the rights of consumers to choose only the goods and services they want. Additionally, ensuring strict enforcement and increasing awareness of the Funeral Rule among consumers can also strengthen its impact.
