While it may seem surprising to many people, the Federal Trade Commission (FTC) enforces The Funeral Rule, making it possible for you to choose only those goods and services you want or need. Additionally, you only pay for those you select when making arrangements in advance or when a death occurs. This rule allows you to compare prices among funeral homes, making it possible to choose the funeral arrangements you want at the funeral home you use. (The Rule does not apply to third-party sellers, such as casket and monument dealers or cemeteries lacking an on-site funeral home.)
Your rights under the Funeral Rule
The consumer has the right to:
Buy only the funeral arrangements you want. You have the right to buy separate goods (such as caskets) and services (such as embalming or a memorial service). You do not have to accept a package that may include items you do not want.
Get price information on the telephone. Funeral directors must give you price information on the phone if you ask for it. You don’t have to provide them with your name, address or telephone number first. Although they are not required to do so, many funeral homes mail their price lists, and some post them online.
Get a written, itemized price list when you visit a funeral home. The funeral home must give you a General Price List (GPL) that you can keep. It lists all the items and services the home offers and the cost of each one.
See a written casket price list before you see the actual caskets. Detailed casket price information is sometimes included on the funeral home’s GPL. More often, though, it’s provided on a separate casket price list. Get the price information before you see the caskets to ask about lower-priced products that may not be on display.
See a written outer burial container price list. Outer burial containers are not required by state law anywhere in the United States, but many cemeteries require them to prevent the grave from caving in. If the funeral home sells containers but doesn’t list their prices on the GPL, you have the right to look at a separate container price list before you see the containers. If you don’t see the lower-priced containers listed, ask about them.
Receive a written statement after you decide what you want and before you pay. It should show exactly what you are buying and the cost of each item. The funeral home must give you a statement listing every good and service you have selected, the price, and the total cost immediately after making the arrangements.
Get an explanation in the written statement from the funeral home that describes any legal cemetery or crematory requirement that requires you to buy any funeral goods or services.
Use an “alternative container” instead of a casket for cremation. No state or local law requires the use of a casket for cremation. A funeral home that offers cremations must tell you that alternative containers are available and must make them available. They might be made of unfinished wood, pressed wood, fiberboard or cardboard.
Provide the funeral home with a casket or urn you buy elsewhere. 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 so. The funeral home cannot require you to be there when the casket or urn is delivered to them.
Make funeral arrangements without embalming. No state law requires routine embalming for every death. Some states require embalming or refrigeration if the body is not buried or cremated within a specific time; some states don’t require it at all. In most cases, refrigeration is an acceptable alternative. In addition, you may choose services like direct cremation and immediate burial, which don’t require any form of preservation. Many funeral homes have a policy requiring embalming if the body is to be publicly viewed, but this is not required by law in most states. 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.
Source: Federal Trade Commission
