The FTC Funeral Rule: Your Rights When Planning a Funeral

The FTC Funeral Rule (officially known as the "Funeral Industry Practices Rule," 16 C.F.R. Part 453) is a federal regulation enacted by the Federal Trade Commission in 1984. It was created to protect consumers from unfair and deceptive practices in the funeral industry — an industry where consumers are often making expensive decisions under extreme emotional stress and time pressure.

The Rule applies to all funeral providers in the United States — every funeral home, mortuary, and funeral service provider, regardless of size, ownership structure, or location. There are no exemptions.

At its core, the Funeral Rule ensures three fundamental rights:

• Transparency: You have the right to know exactly what services cost before making any decisions
• Choice: You have the right to select only the services and products you want, and to purchase goods from third-party providers
• Protection: You are protected from specific deceptive practices, including false claims about legal requirements for embalming, caskets, or other services

One of the most important provisions of the Funeral Rule is the requirement for price transparency. Funeral homes must provide clear pricing information in several specific ways:

The General Price List (GPL):

• Every funeral home must have a written GPL that lists prices for all goods and services offered
• The GPL must be provided to anyone who asks, whether in person, by phone, or by other means
• If you visit a funeral home in person, the GPL must be given to you at the beginning of any discussion about services — before you see any caskets or merchandise
• You are entitled to keep the GPL — the funeral home cannot ask for it back

Telephone price disclosure:

• If you call a funeral home and ask about prices, they must provide accurate price information over the phone
• They cannot require you to visit in person before sharing prices
• This makes it easy to comparison-shop from home

Casket and outer burial container price lists:

• In addition to the GPL, funeral homes must provide separate price lists for caskets and outer burial containers (vaults)
• These lists must be available before you are shown any caskets or containers

Itemized statement:

• After you select your services, the funeral home must provide a written itemized statement listing every item and service you have chosen, along with the price for each
• This statement must include a notice that you had the right to select only the items you wanted

The Funeral Rule gives you significant control over what products and services you purchase:

Itemized selection: You have the right to select individual items and services rather than accepting a pre-set package. The funeral home must offer goods and services on an itemized basis, even if they also offer packages. You are not required to buy a package that includes items you do not want.

Third-party caskets and urns: You have the legal right to purchase a casket, urn, or any other funeral goods from any retailer — including online stores, warehouse clubs, or independent sellers. The funeral home:

• Must accept a casket or urn you purchased elsewhere
• Cannot charge a fee for handling or using a third-party casket or urn
• Cannot require you to be present when the casket is delivered
• Cannot refuse to perform services because you used a third-party casket

Decline unnecessary services: Except for the basic services fee (which is non-declinable), you can decline any service the funeral home offers. This includes embalming, viewing, use of facilities, transportation, and specific merchandise.

Embalming is one of the most misunderstood aspects of funeral planning, and it is an area where the Funeral Rule provides particularly important protections:

• No state requires embalming for all deaths. Some states require embalming only in specific circumstances (e.g., when the body will be transported across state lines or when death occurred from certain communicable diseases), but no state has a blanket embalming requirement.
• Funeral homes cannot claim that embalming is legally required unless it actually is required by state law for the specific situation.
• You must give explicit permission for embalming. The funeral home cannot embalm the body without your approval and then charge you for it.
• Embalming alternatives exist. Refrigeration is a common alternative that preserves the body for a shorter period without the use of chemicals.

If a funeral home tells you that embalming is "required by law" for a direct cremation, immediate burial, or closed-casket service, they are very likely violating the Funeral Rule. Ask them to cite the specific state statute, and consider filing a complaint with the FTC.

The Funeral Rule specifically prohibits several deceptive practices. A funeral home may not:

• Misrepresent legal requirements: They cannot tell you that a casket, embalming, or any other product or service is required by law when it is not
• Misrepresent cemetery or crematory requirements: They cannot falsely claim that a cemetery or crematory requires a certain product (such as a casket for cremation) when it does not
• Misrepresent preservation claims: They cannot claim that embalming or a sealed casket will preserve the body indefinitely. No embalming method or casket provides permanent preservation
• Charge handling fees for third-party caskets: They cannot add a surcharge or fee for using a casket purchased from another source
• Require a casket for cremation: They cannot tell you that a casket is required for cremation. An alternative container (made of unfinished wood, pressed wood, fiberboard, or cardboard) is always sufficient
• Condition services on casket purchase: They cannot refuse to perform services or charge a penalty because you did not purchase a casket from them

If you believe a funeral home has violated the Funeral Rule, you have several options for taking action:

File a complaint with the FTC:

• Online at reportfraud.ftc.gov
• By phone at 1-877-FTC-HELP (1-877-382-4357)
• The FTC investigates patterns of complaints and can take enforcement action against violators

Contact your state attorney general:

• Many states have their own funeral consumer protection laws in addition to the federal Funeral Rule
• Your state attorney general's consumer protection division can investigate complaints

Contact your state funeral board:

• Each state has a board or agency that licenses and regulates funeral homes
• Complaints to the state board can result in fines, license suspension, or other disciplinary action

Contact the Funeral Consumers Alliance:

• The FCA (funerals.org) is a nonprofit consumer advocacy organization
• They can advise you on your rights and help you navigate the complaint process

When filing a complaint, document everything: save the GPL, keep notes of conversations (including dates, times, and the names of staff), and save any written communications. The more detail you can provide, the more effective your complaint will be.

Knowing your rights is important, but exercising them effectively during an emotionally difficult time requires some preparation. Here are practical tips:

• Bring a trusted friend or family member: Having someone with you who is less emotionally involved can help ensure clear-headed decision-making and serve as a witness to what is communicated.
• Request the GPL immediately: As soon as you sit down with a funeral director, ask for the General Price List. If they hesitate or try to show you caskets first, insist on seeing the GPL.
• Take your time: Despite what may feel like urgency, you usually have more time than you think. Refrigeration can preserve the body for several days, giving you time to compare prices and make informed decisions.
• Put everything in writing: Ask for any verbal commitments to be confirmed in writing. Keep copies of all documents and correspondence.
• Compare at least three providers: Request GPLs from multiple funeral homes before making a decision. Price differences can be substantial.
• Know your state laws: While the FTC Funeral Rule provides a federal baseline, your state may have additional consumer protections. Research your state's funeral laws or contact your state funeral board.