Your Rights Under the FTC Funeral Rule
Since 1984, the Federal Trade Commission (FTC) has enforced the provisions of the “Funeral Industry Practices” law, which governs the sale of funeral goods and services in the United States. Usually referred to simply as the “Funeral Rule,” these regulations specify the type of information and disclosures that funeral service providers must provide to consumers in order to protect the latter from unscrupulous business practices.
While the Funeral Rule contains a wide array of consumer-protection provisions concerning the sale of funeral goods and services, you should be aware of the following key points whenever you purchase funeral goods and services:
1. You May Select Only What You Want
Like many businesses, funeral homes and other providers often bundle goods and/or services and sell them for a single “package” price. Typically, these packages provide consumers with greater selection convenience and/or a lower overall cost versus purchasing the bundled items separately. Per the FTC Funeral Rule, however, you have the right to select only the goods and/or services you want; you are not required to purchase a bundle or package if it contains funeral goods or services you don’t want.
2. Embalming is Not Required
Per the FTC: “Except in certain special cases, embalming is not required by law.” In other words, there is no federal law requiring the embalming of a body in every case. Moreover, a funeral provider may not represent that embalming the deceased is required if you have selected direct cremation or immediate burial as the form of final disposition.
3. Cremation Does Not Require a Casket
No state or local law requires you to purchase a casket if you choose cremation. In addition, a funeral provider that offers cremation must tell you that “alternative containers” are available, and make them available to you, under the FTC Funeral Rule.
4. You May Buy a Casket/Urn Somewhere Else
When the Funeral Rule was first written, caskets and urns were only available from funeral homes. Today, consumers can easily purchase these items from a local casket store, from numerous online sites, or even from Costco. If you choose to purchase a casket or an urn elsewhere and ship it to your funeral provider, the business cannot refuse to use it, charge you a fee to use it, or require your presence when the item is delivered.
5. You Must Receive a Written, Itemized Price List
Known as a “General Price List” (GPL), this document lists the goods and services the funeral provider offers and the price of each, as well as several legal disclosures required by the FTC Funeral Rule. When you physically visit, you should be given a GPL as soon as you ask about a specific funeral product or service, or how much something costs. You also have the right to keep a GPL, which you might find useful to compare costs among different providers, or to do some financial planning for your final expenses.
Sources:
“Shopping for Funeral Services,” September 2013. Federal Trade Commission. Author’s collection.
“Paying Final Respects: Your Rights When Buying Funeral Goods & Services,” July 2013. Federal Trade Commission. Author’s collection.
“Complying With the Funeral Rule,” April 2015. Federal Trade Commission. Author’s collection.
