The Funeral Rule: Protecting Consumers Like You

Before 1984, people were tricked and persuaded by funeral providers to buy goods that they did not necessarily need or want. Today, the Federal Trade Commission’s (FTC) Funeral Rule exists to help buyers like you be protected when carrying out your loved one’s final wishes. 

Planning a funeral after losing a loved one can be overwhelming and emotionally draining. Oftentimes, decisions need to be made fast. This is especially true if a loved one did not leave behind specific instructions. Without knowing the rights you have under the Federal Trade Commission’s Funeral Rule, you may be vulnerable as a consumer buying funeral goods and services.

What is the FTC? 

The Federal Trade Commission (FTC) is an independent agency of the United States government that has a mission of protecting consumers and competition by preventing unfair business practices through the law, advocacy, and education. While the FTC may seem irrelevant to you in your daily life, this agency deals with most aspects of economic life, including funeral planning.

What is the Funeral Rule? 

Beginning in 1984, the FTC enforced the Funeral Rule. In short, the Funeral Rule makes it possible for you to choose only the products and services you want and to pay only for those you select. In addition, the Rule allows you to note price comparisons among funeral providers. Some amendments were added later in 1994 to further protect consumers. Why does this matter? Before this Rule was enforced, several funeral providers were leading people to falsely believe that they had to purchase specific services that were not necessarily required (e.g. embalming). Thus, this Rule gives you the right to be in control and ask questions. No one should be vulnerable to funeral providers that may try to take advantage of you economically while you are mourning. 

What Type of Business Has to Adhere to the Funeral Rule?

All funeral providers must follow the Funeral Rule. A funeral provider is a business that sells or offers funeral goods and services to the public. Funeral goods can be defined as products sold directly to someone, while funeral services are processes that are used to care and prepare bodies for their final state. 

What Rights Do You Have Under the Funeral Rule?

• Buy the arrangements that you want.

  • Although most funeral providers offer packages with multiple products and services in it, you have the right to buy goods and services separately. For example, cremation packages may include a bundled price for embalming services, the cremation process itself, and an urn for the ashes. However, if you do not wish to buy an urn directly from the funeral provider, you can purchase the embalming service and cremation process separately. You do not have to fit your last wishes into a funeral provider’s advertisement. 

• Get price information on the phone.

  • Due to COVID-19, many funeral arrangements have been made to accommodate social distancing mandates. Funeral providers typically mail or make an online post regarding their price list. Businesses are required to release price information if you ask for it. However, you do not have to give them any personal information (e.g. name and address) prior to asking questions.

• Get written, itemized information and statements.

  • You have the right to know what you are buying and the cost of each item. Immediately after arrangements are agreed upon, a funeral home must give you a statement listing every good and service you have selected and the accumulative total. 

If a funeral home declines to answer your questions, find other places that will serve your needs. It is important to learn about funeral providers in your area of choice, ask for information, and explore other options to ensure you are shopping rationally, and not emotionally. To learn more about shopping for funeral services, explore further resources. 

— Lauren Goldberg