Please follow and like us:

When a loved one dies, families face dozens of decisions during one of the most emotionally difficult times imaginable. The funeral industry provides essential services, but without proper knowledge of your legal rights, families can face unnecessary pressure and significant unexpected costs.

The Federal Trade Commission’s Funeral Rule exists specifically to protect consumers during this vulnerable time. Understanding these protections helps you make informed decisions and ensures funeral homes operate with transparency and fairness.

What Is the FTC Funeral Rule?

The Funeral Rule is a federal regulation enacted by the Federal Trade Commission in 1984 to prevent deceptive practices in the funeral industry. This rule applies to all funeral providers who arrange or perform funerals, and violations can result in significant penalties.

The rule was created after extensive investigation revealed widespread problems including price manipulation, misleading claims about legal requirements, and pressure tactics designed to exploit grieving families. The FTC continues to enforce these protections and regularly updates guidance to address emerging issues in the industry.

You can find the complete text of the Funeral Rule and additional consumer resources at the FTC’s official funeral planning website: https://www.consumer.ftc.gov/articles/ftc-funeral-rule

Your Right to Transparent Pricing

One of the most important protections under the Funeral Rule is your right to receive clear, itemized pricing information before making any purchasing decisions.

The General Price List (GPL)

Funeral homes must provide you with a General Price List when you inquire about funeral arrangements, either in person or by telephone. This requirement applies whether you visit the funeral home or request information over the phone.

The General Price List must include:

• Prices for each individual service and merchandise item offered
• Specific disclosures required by the FTC
• Information about your right to choose only the items you want
• A statement that alternative containers are available for cremation

You have the right to keep this price list, and funeral homes cannot require you to return it. This allows you to compare prices between different providers before making decisions.

Casket and Outer Burial Container Price Lists

In addition to the General Price List, funeral homes must provide separate price lists for caskets and outer burial containers (burial vaults). These lists must be shown to you before you view the actual merchandise.

This requirement prevents a common sales tactic where families would be shown expensive options first without knowing lower-cost alternatives existed.

Your Right to Choose Individual Services

The Funeral Rule protects your right to purchase only the funeral goods and services you want, with limited exceptions.

No Required Packages

Funeral homes cannot require you to purchase a package deal. You can select individual items and services from their price list. The only package funeral homes can require is for direct cremation (aff) or immediate burial, which must be clearly disclosed with itemized pricing.

Alternative Providers

You have the legal right to purchase certain items, particularly caskets and urns, from sources other than the funeral home. Funeral homes cannot:

• Refuse to handle a casket or urn you purchased elsewhere
• Charge you a handling fee for using a casket or urn you purchased from another source
• Require you to be present when the casket or urn is delivered

This protection can result in significant cost savings, as caskets purchased from third-party retailers often cost substantially less than those sold directly by funeral homes.

Understanding Embalming Requirements

Many families believe embalming is legally required in most cases. The Funeral Rule addresses this common misconception directly.

When Embalming Is Not Required

Except in certain special cases, embalming is not required by law. Refrigeration is a common alternative for temporary preservation. Funeral homes cannot:

• Perform embalming without permission
• Falsely state that embalming is required by law
• Charge for unauthorized embalming (except in certain specific circumstances)

Required Disclosures About Embalming

If you select arrangements that do not require embalming (such as direct cremation or immediate burial), the funeral home must inform you that embalming is not required. If you choose a funeral with viewing or visitation, the funeral home may require embalming but must clearly disclose this requirement and the reasons for it.

Cremation-Specific Protections

The Funeral Rule includes specific protections for families choosing cremation.

Alternative Containers

For direct cremation, you have the right to use an alternative container instead of a casket. An alternative container is an unfinished wood box or other non-metal receptacle. Funeral homes must make these containers available and inform you of this option.

The funeral home cannot require you to purchase a casket for direct cremation. Some families are told they must buy a “cremation casket,” but this is only necessary if you choose to have a viewing or visitation before cremation.

Crematory Requirements

If a crematory requires a specific type of container, the funeral home must disclose this requirement and explain the reason. However, the required container is typically something far less expensive than a traditional casket.

Prohibited Practices Under the Funeral Rule

The Funeral Rule specifically prohibits funeral homes from engaging in certain deceptive or unfair practices.

Misrepresentations About Legal Requirements

Funeral homes cannot tell you that a particular service, product, or ceremony is required by law when it is not. This includes false claims about:

• Embalming requirements
• Casket requirements for cremation
• Outer burial container requirements
• Specific cemetery regulations (unless actually imposed by the cemetery)

Mandatory Purchase Conditions

Funeral homes cannot condition the purchase of one service or item on the purchase of another, with very limited exceptions. For example, they cannot require you to purchase a casket from them in order to use their services.

Your Right to Detailed Cost Information

Before you agree to any services, the funeral home must provide you with a written statement showing exactly what you selected and the cost of each item.

The Statement of Funeral Goods and Services Selected

This itemized statement must include:

• The specific items you selected from the funeral home
• The price of each item
• Items you provided (such as a casket purchased elsewhere)
• Any discounts or refunds
• The total cost

This statement ensures you know exactly what you are paying for and helps prevent unauthorized charges.

Special Considerations for Different Situations

The Funeral Rule applies uniformly, but certain situations may have additional considerations.

Pre-Need Arrangements

If you are making funeral arrangements in advance (pre-need planning), you still have all the rights described in the Funeral Rule. The funeral home must provide price lists and cannot require you to purchase unwanted items.

Pre-need contracts may be subject to additional state regulations regarding payment plans, trust requirements, and contract cancellation rights. Contact your state funeral regulatory board for specific information about pre-need protections in your state.

Religious and Cultural Practices

The Funeral Rule does not override genuine religious or cultural requirements. If your faith tradition requires specific practices (such as burial within a certain timeframe or particular preparation methods), funeral homes may accommodate these needs.

However, funeral homes cannot falsely claim that a practice is required by your religion or culture as a sales tactic. If you have questions about what your tradition actually requires, consult with your religious or cultural leader rather than relying solely on the funeral home’s claims.

How to Enforce Your Rights

If you believe a funeral home has violated the Funeral Rule, you have several options for recourse.

Filing a Complaint with the FTC

You can file a complaint with the Federal Trade Commission online at https://reportfraud.ftc.gov or by calling 1-877-FTC-HELP. The FTC investigates violations and can take legal action against funeral homes that break the rules.

While the FTC cannot resolve individual disputes or recover money for consumers, your complaint helps the agency identify patterns of illegal behavior and take enforcement action to protect other families.

State Funeral Regulatory Boards

Most states have regulatory boards that license and oversee funeral homes. These boards can investigate complaints, impose penalties, and in serious cases, revoke licenses.

Contact your state’s funeral board to file a complaint about specific violations. State boards often have more direct authority to resolve individual consumer complaints than federal agencies.

Legal Action

In some cases, you may have grounds for a civil lawsuit if a funeral home violated the Funeral Rule and caused you financial harm. Consult with an attorney who specializes in consumer protection to discuss your options.

Additional Resources for Consumers

Beyond the Funeral Rule, several resources can help you make informed decisions about funeral arrangements.

The Funeral Consumers Alliance (https://funerals.org) is a nonprofit organization that provides consumer education and advocates for funeral consumer rights. They offer information about funeral planning, pricing, and your options.

Your state attorney general’s office may have additional consumer protection resources specific to funeral services in your state.

Understanding Your Rights Empowers Better Decisions

The FTC Funeral Rule exists because families deserve protection during one of life’s most difficult times. Knowing your legal rights helps you make decisions based on what you truly want and need, rather than pressure or misinformation.

You have the right to ask questions, compare prices, choose only the services you want, and purchase items from any provider. Funeral homes must respect these rights, and violations can be reported and investigated.

Taking time to understand these protections, asking for required price lists, and making informed comparisons helps ensure that you honor your loved one in a way that is meaningful to you, without unnecessary financial burden or manipulation.