Independent Facts from the FTC Funeral Rule Sells no funerals, plots, insurance or loans; no referral fees
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Plain words, with the Rule’s own
The Federal Trade Commission’s Funeral Rule (16 CFR Part 453) sets what funeral homes must tell you about prices and what they may not require you to buy. Each point below has the exact words of the Rule or of the FTC’s consumer page, and where they come from.
“Funeral directors must give you price information on the telephone if you ask for it. You don’t have to give them your name, address, or telephone number first.”
A funeral home must tell people who ask by telephone about its offerings or prices any accurate information from its price lists. (16 CFR 453.2(b)(1), in our words.)
“Give a printed or typewritten price list for retention to persons who inquire in person about the funeral goods, funeral services or prices of funeral goods or services offered by the funeral provider.”
It must show the funeral home’s name, address and phone number, the caption “general price list” and the date the prices take effect.
“The funeral provider must offer the list upon beginning discussion of, but in any event before showing caskets.”
The FTC suggests getting the prices first so you can ask about lower-priced caskets that may not be on display.
“The goods and services shown below are those we can provide to our customers. You may choose only the items you desire.”
If a law, a cemetery or a crematory makes you buy something you did not ask for, the reason must be written on your statement.
“The services fee permitted by § 453.2(b)(4)(iii)(C)(1) or (C)(2) is the only funeral provider fee for services, facilities or unallocated overhead permitted by this part to be non-declinable, unless otherwise required by law.”
That is the fee for the basic services of the funeral director and staff. A funeral home lists it in one of two ways. Most show it as its own price; where it cannot be declined, it is then already included in direct cremation, immediate burial, forwarding and receiving prices (16 CFR 453.2(b)(4)(iii)(C)(1)). Or the fee is included in the price of its caskets, and the same fee is added if you provide the casket; the list must say so next to the casket prices (16 CFR 453.2(b)(4)(iii)(C)(2)).
“Except in certain special cases, embalming is not required by law. Embalming may be necessary, however, if you select certain funeral arrangements, such as a funeral with viewing. If you do not want embalming, you usually have the right to choose an arrangement that does not require you to pay for it, such as direct cremation or immediate burial.”
The FTC adds: “Ask if the funeral home offers private family viewing without embalming. If some form of preservation is a practical necessity, ask the funeral home if refrigeration is available.”
“If you want to arrange a direct cremation, you can use an alternative container. Alternative containers encase the body and can be made of materials like fiberboard or composition materials (with or without an outside covering).”
A funeral home or crematory may not require you to buy a casket for direct cremation (16 CFR 453.4(a)).
“The funeral provider cannot refuse to handle a casket or urn you bought online, at a local casket store, or somewhere else — or charge you a fee to do it.”
The funeral home also cannot require you to be there when it is delivered.
“In most areas of the country, state or local law does not require that you buy a container to surround the casket in the grave. However, many cemeteries require that you have such a container so that the grave will not sink in. Either a grave liner or a burial vault will satisfy these requirements.”
Ask the cemetery what it requires; a requirement, if any, usually comes from the cemetery.
“Give an itemized written statement for retention to each person who arranges a funeral or other disposition of human remains, at the conclusion of the discussion of arrangements.”
It lists each item you chose and its price, the cash advance items, and the total. Use the Paper Check to go through it.
The FTC says 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.
Some states add their own rules; your state’s funeral licensing board can tell you about them.
You can report a problem to the FTC at reportfraud.ftc.gov, and to your state’s funeral licensing board. This site gives information, not legal advice.