If you are like most people, you probably don't like to think about death too often - except maybe when it comes to your in-laws.
Seriously folks, it may be strange to consider the fact that there are laws and consumer regulations dealing with funeral services and how the deceased are taken care of, but such laws do indeed exist.
When people need to make funeral arrangements after a death in the family, they are often under a great deal of emotional stress. That reality, combined with the fact that such arrangements often need to be planned on short notice, often makes people vulnerable in terms of the business and financial decisions they make in preparing for a funeral.
In order to prevent funeral homes from taking advantage of their customers' situations, the Federal Trade Commission passed a series of regulations known as the "Funeral Rule".
The Funeral Rule is meant to protect people making funeral arrangements and let them know all of the economic choices they have in planning a ceremony.
In a nutshell, the Funeral Rule requires funeral providers to give you an accurate, itemized price list about funeral goods and services. It also prevents funeral providers from:
• misrepresenting legal, crematory, and cemetery requirements;
• embalming for a fee without permission;
• requiring the purchase of a casket for direct cremation;
• requiring consumers to buy certain funeral goods or services as a condition for furnishing other funeral goods or services; or
• engaging in other deceptive or unfair practices.
If funeral providers violate the Rule, they can be subject to penalties of up to $10,000 per violation.
Who Does The Funeral Rule Apply To?
The Funeral Rule applies only to "funeral providers". A "funeral provider" is defined as anyone who sells both funeral goods and services to the public.
Bear in mind that one must sell both goods and services in order for the Rule to apply to them. If someone only sells coffins, it doesn't apply since they aren't offering funeral services. Likewise, a priest or rabbi offering to say a few words about your loved one for a modest fee also isn't obligated by the Rule since he is only offering services without selling you goods. (Other funeral "services" are defined as services to prepare and handle the final disposition of the body after the ceremony.)
Generally, the Rule applies primarily to Funeral Homes which provide both goods and services for funerals. Funeral Homes are usually required to be licensed in the state that they do business in. Such states may often have additional regulations apart from the federal Funeral Rule that Funeral Homes must abide by. However, cemeteries, crematories, and other businesses can also be "funeral providers" bound by the Rule if they happen to sell both funeral goods and services.
Most states require that funeral establishments be licensed to operate. Don't hesitate to contact your local state agency to make sure they are in good standing if you have any doubts.
The Price List
One of the main requirements of the Funeral Rule is that a funeral provider is obligated to give you an itemized price list detailing the individual goods and services that they offer. This list must be given to you at the start of any face-to-face discussions concerning what goods and services they provide (they are not required to provide or describe the list during phone discussions or mail inquiries, though they must still provide accurate and truthful information to any question asked regarding the cost of their services). They can't merely tell you that they have a price list that you can view. They have to physically offer you such a list that you can keep and take home if you so desire.
One exception to this rule is that a funeral home is not required to give you the price list when they are removing the deceased for transportation to the funeral home and, at that time, only request the authorization to embalm. However, they are required to tell you that embalming is not required by federal law (though some states may have their own embalming requirements under certain special circumstances. Embalming is usually performed for a funeral that views the deceased. However, it is usually not required for a direct cremation or immediate burial where no viewing is held.)
Required Disclosures
In addition to the Price List itself, a funeral provider is required to make the following disclosures to you on the Price List:
1. That you have the right to select only the goods and services that you desire.
Some funeral homes provide "package" deals that include all of the goods and services you need for a flat price. However, some of these packages may include individual goods and services that you may not need and don't wish to pay for. Before the Funeral Rule, some funeral homes only offered a "take-it-or-leave-it" package that required you to either pay for the whole package of goods, or not use their services at all. Consumers now have the right to pick and choose the individual goods and services they desire without being obligated to buy the entire package if it doesn't suit their needs.
A funeral provider can't condition the sale of any funeral good or service to the purchase of any other good or service except for a basic services fee and any individual items required by law.
If a state or local law requires you to buy any particular item, the funeral provider must disclose it on the price list, with a reference to the specific law.
2. Embalming
As previously mentioned above, funeral providers are required to tell you that embalming is not required by law. Embalming may be necessary, however, if you select certain funeral arrangements, such as a funeral with a viewing of the deceased. If you do not want embalming, you usually have the right to choose an arrangement that does not require you to pay for it (such as direct cremation or immediate burial). If there are specific state requirements or regulations pertaining to embalming in your state, the funeral provider can add such information to their price list.
For instance, California law does not require embalming. However, a California funeral establishment must refrigerate an unembalmed body in its possession within 24 hours if disposition by burial or cremation does not otherwise take place. Also a coroner may be required to embalm a body under certain special circumstances. Funeral providers may choose to place these informational tidbits on their price list.
Embalming is required when crossing state lines from Alabama, Alaska, and New Jersey. Three other states — Idaho, Kansas, and Minnesota — require embalming when a body is shipped by common carrier.
In any event, however, the price for embalming should be clearly stated on the price list as with any other listing of goods and services. Also, a funeral provider cannot try to sell you embalming services by falsely telling you that it prevents a body from decomposing (because it doesn't - It merely delays decomposing long enough for the funeral).
Funeral providers cannot provide embalming services without permission (nor charge a fee for any unauthorized embalming) unless required by state law.
3. Alternative containers for direct cremations.
If a funeral provider provides for direct cremations, it must inform consumers that they may use alternative containers instead of a traditional casket (which is usually more expensive). Alternative containers are unfinished wood boxes or other non-metal enclosures, without any ornamentation or interior lining.
The funeral providers must describe the specific kind of containers that they offer. However, if they don't provide for direct cremations, then this specific rule doesn't apply.
4. Basic Service Fee
The funeral provider must disclose the amount of any service fee that will be charged for providing their basic services in planning and conducting the funeral. Unlike the extra goods and services found in funeral "package deals", consumers may not have the option of rejecting the basic service fees that a funeral provider offers (unless they simply decide to use a different funeral provider altogether).
5. Casket Price List
The funeral provider must disclosure their price list for any caskets that they may sell. The casket price list may be disclosed on their general price list for funeral goods and services or be provided as a separate document.
The funeral provider may not refuse a casket you bought elsewhere. They are also prevented from charging a "handling fee" if you happen to have bought your casket from another company. Don't be afraid to price shop if you feel the need to. Some companies will sell caskets at discount prices compared to other funeral providers.
6. Outer Burial Container Price List
A funeral provider that sells Outer Burial Containers must also disclose that a complete price list is available. Like the casket price list, the prices can be provided on their General Price List, or they can provide a separate price list just for Outer Burial Containers.
Most state laws don't require an Outer Burial Container to surround the casket. However, some individual cemeteries may require them so that the graves don't sink in.
Be an informed consumer!
This is simply a general overview of Funeral Laws and Regulations. Each state may have its own additional laws or regulations.
We know that this can be a difficult area to deal with. However, if certain funeral provisions or cemeteries aren't being conducted or maintained in a way that you are comfortable with, don't be afraid to shop around and take your business dealings elsewhere.
If you have further questions in this area, feel free to contact a consumer attorney, the Federal Trade Commission, or the Department of Consumer Affairs Agency located in your state.
[Note from HandelontheLaw.com: This article is to be used as an educational guide only and should not be interpreted as a legal consultation. Readers of this article are advised to seek an attorney if a legal consultation is needed. Laws may vary by state and are subject to change, thus the accuracy of this information can not be guaranteed. Readers act on this information solely at their own risk. Neither HandelontheLaw.com, or any of its affiliates, shall have any liability stemming from this article.]
