Federal Regulations
The American funeral industry is regulated by the Federal Trade Commission's Funeral Rule.
Funeral Rule Highlights
General Price List. The Funeral Rule requires funeral directors to give you a general price list, commonly referred to as a GPL, of itemized prices of goods and services in person and, if you ask, quote prices over the phone. Note: They are not required to mail, fax or e-mail general price lists.
If you ask about funeral arrangements in person, funeral home personnel must give you a written GPL to keep. The GPL must be provided before your business conversation begins.
Caskets and Burial Containers. If you want to buy a casket or outer burial container, the funeral provider must show you descriptions of the available selections and the prices before actually showing you the caskets.
You may purchase a casket through a third party dealer, such as Costco, and have it shipped directly to the funeral home. The funeral provider may not refuse, or charge a fee, to handle a casket you bought elsewhere.
Individual Goods and Services. Many funeral providers offer various packages of commonly selected goods and services that make up a funeral. The Funeral Rule protects your right to buy individual goods and services. You do not have to accept a package that may include items you do not want.
Purchases Required by Law. If state or local law requires you to buy any particular good or service, the funeral provider must disclose it on the price list and provide a reference of the specific law on the price list.
Truthfulness. Funeral directors may not tell clients that a particular good or service is required by law if it is not true. If state or local law requires you to buy any particular item, the funeral provider must disclose it on the price list and reference the specific law.
Cash Advance Items. Cash advances are fees charged by the funeral home for goods and services it buys from outside vendors on your behalf, including flowers, obituary notices, pallbearers, officiating clergy, and organists and soloists. Some funeral providers charge you their cost; others add a service fee to their cost.
The Funeral Rule requires those who charge an extra fee to disclose that fact in writing, although it doesn't require them to specify the amount of their markup. The rule also requires funeral providers to tell you if there are refunds, discounts or rebates from the supplier on any cash advance item.
Embalming. Most funeral homes require embalming if the body is to be pubically viewed. This is a business policy, not a law. Embalming generally is not necessary or legally required if the body is buried or cremated within 48 hours of the death. Under the Funeral Rule, a funeral provider may neither embalm without permission or charge a fee for unauthorized embalming unless embalming is required by state law.
Direct Cremation and Immediate Burial. A funeral director must disclose in writing that you have the right to choose direct cremation or immediate burial, which are lower-cost alternatives.
For those who choose a direct cremation, the funeral provider must offer an inexpensive unfinished wood box or alternative container — a nonmetal casket fabricated from pressboard, cardboard or canvas — that is cremated with the body.
