Planning a funeral can be a challenging and emotionally charged experience, particularly when it comes to navigating the costs and services involved. The Federal Trade Commission (FTC) Funeral Rule is a critical piece of legislation that aims to protect consumers during this difficult time by ensuring transparency, fairness, and the right to choose only the goods and services you want or need. Here’s everything you need to know about the FTC Funeral Rule and how it can help you make informed decisions when planning a funeral.

What Is the FTC Funeral Rule?

The FTC Funeral Rule was established in 1984 to regulate the funeral industry and protect consumers from unfair practices. The Rule is designed to give consumers accurate information about funeral services and products, ensure transparency in pricing, and provide consumers with the flexibility to choose only the goods and services they want. Funeral providers are legally obligated to comply with the Funeral Rule, which is enforced by the Federal Trade Commission.

Key Provisions of the FTC Funeral Rule

1. General Price List (GPL) Requirement:

• The cornerstone of the FTC Funeral Rule is the requirement for funeral homes to provide a General Price List (GPL) to anyone who inquires about funeral goods or services. The GPL must be given to you in person before you start discussing funeral arrangements, and it must include itemized prices for all the services and products offered. This allows you to compare prices among different funeral homes and choose only the options that fit your needs and budget.
• The GPL must include prices for specific items, such as the basic services fee, caskets, embalming, transportation, use of facilities, and cremation services. Funeral homes must also disclose whether certain charges are optional.

2. Itemized Statement of Goods and Services:

• After you select the goods and services you want, the funeral home must provide you with an itemized statement. This document outlines exactly what you’re paying for, including any additional charges, such as taxes or third-party services (e.g., crematory fees). This statement must be provided before you make any payments.

3. Right to Choose Goods and Services:

• The Funeral Rule gives consumers the right to choose only the goods and services they want. You are not required to purchase a package deal if you prefer to select items à la carte. For example, if you do not want a viewing or embalming, you do not have to pay for those services. Funeral homes cannot refuse to serve you based on the services you choose.

4. Embalming Disclosure:

• Funeral homes must obtain explicit permission before embalming a body. They cannot charge for embalming without your prior approval unless it is required by state law. In most cases, embalming is not legally required, especially if the body is buried or cremated shortly after death.

5. Casket and Alternative Containers:

• The FTC Funeral Rule mandates that funeral homes must offer a range of caskets at different price points and cannot require you to purchase a casket from them. You have the right to purchase a casket or an alternative container from a third-party vendor, and the funeral home must accept it without charging additional fees.
• If you opt for cremation, the funeral home must inform you that a casket is not required by law and that an alternative container, which is often less expensive, can be used.

6. Prohibition of Misleading Statements:

• Funeral homes are prohibited from making false or misleading statements about legal or cemetery requirements. For example, they cannot claim that embalming is required by law when it is not or suggest that certain goods or services are necessary when they are optional.

7. No Handling Fees for Third-Party Purchases:

• If you purchase funeral goods, such as a casket or urn, from a third-party provider, the funeral home cannot charge you a fee for handling or accepting those items. This ensures that you can shop around for the best prices without being penalized.

Why the FTC Funeral Rule Matters

The FTC Funeral Rule is vital because it empowers consumers to make informed decisions during one of the most challenging times in their lives. By providing transparency in pricing and preventing unfair practices, the Rule helps ensure that families are not taken advantage of when they are most vulnerable.

How to Use the FTC Funeral Rule to Your Advantage

1. Request a General Price List:

• Before making any decisions, ask for the General Price List from several funeral homes. Compare the prices and services to find the best fit for your needs and budget.

2. Know Your Rights:

• Familiarize yourself with your rights under the Funeral Rule. Remember that you are not obligated to purchase any goods or services you do not want, and you have the right to shop around.

3. Ask Questions:

• Don’t hesitate to ask questions about the costs, services, and legal requirements. A reputable funeral home will be transparent and willing to provide clear answers.

4. Plan Ahead:

• Consider pre-planning your funeral arrangements to lock in prices and ensure that your wishes are respected. Pre-planning can also relieve your loved ones of the burden of making difficult decisions during a time of grief.

What to Do If You Encounter Violations

If you believe that a funeral home has violated the FTC Funeral Rule, you can file a complaint with the Federal Trade Commission. The FTC investigates complaints and can take action against funeral homes that do not comply with the Rule.