What to Bring to a Lawyer
Overview of the Federal Trade Commission's Funeral Rule
The Federal Trade Commission mandated the Funeral Rule, a comprehensive list of rules and regulations that funeral and memorial service providers must adhere to, under penalty of law. The purpose of the Funeral Rule is to provide pricing transparency for consumers, who have the right to ask for everything in writing. Consumers must be presented with a general price list, as well as a casket and outer burial container price list.
Funeral Services
· Funeral providers must disclose price information over the phone to any caller who requests it.
· Funeral providers must furnish a price list to someone who walks into the funeral home.
· Consumers have the right to choose the funeral goods and services they want (with some exceptions).
· If state or local law requires the purchase of any item, the funeral provider must disclose this on the price list and reference the law in writing.
· A funeral provider may not refuse, or charge a fee, to handle a casket the consumer bought elsewhere.
· Funeral providers must disclose any legal, cemetery, or crematory requirements associated with specific funeral goods or services the consumer purchases.
· The funeral provider must present an itemized statement of the total cost of the funeral goods and services at the time the consumer makes arrangements. If the funeral provider does not know the cost of the cash advance items at the time, he or she is required to provide a written “good faith estimate.”
· Funeral providers must disclose in writing the goods and services they buy on a consumers behalf (for example, flowers, organists, and pallbearers).
· Funeral providers must inform consumers if they are eligible for refunds, discounts, or rebates from suppliers on any cash advance item.
Cremations
· A funeral provider that offers cremations must make alternative containers available.
· Funeral providers who offer direct cremations also must offer to provide an alternative container that can be used in place of a casket.
Embalming
· If a funeral arrangement, such as a viewing, makes embalming a necessary purchase, the funeral provider must disclose this in writing.
· Consumers have the right to choose direct cremation or burial, which does not require embalming.
Funeral providers may not
· Require embalming if the body will not be viewed.
· Administer embalming services without permission.
· Falsely state that embalming is required by law.
· Charge for unauthorized embalming.
· State that embalming, or a particular type of casket, will preserve the body of the deceased for an unlimited time.
Caskets
· Funeral providers must provide the consumer a price list of caskets before showing the caskets.
· It is illegal for a funeral provider to charge a handling fee for a casket purchased elsewhere.
· Funeral providers may not claim that any casket will preserve a body indefinitely.
· Funeral providers may not claim that state law requires a vault or liner. (However, many cemeteries require some type of outer burial container to prevent future sinking of the grave.)
· Funeral providers may not claim that a vault will keep the outside elements from penetrating the casket if that is not true.
Cremations
· Funeral providers who offer direct cremations may not claim that state or local law requires a casket for direct cremations. None do.
· Funeral providers must disclose in writing the consumer’s right to buy an unfinished wood box, or an alternative container, for a direct cremation. They must provide also provide these containers.
Read the entire text of FTC’s A Funeral Consumer’s Guide.
http://www.ftc.gov/bcp/edu/pubs/consumer/products/pro19.shtm
Funeral Services
· Funeral providers must disclose price information over the phone to any caller who requests it.
· Funeral providers must furnish a price list to someone who walks into the funeral home.
· Consumers have the right to choose the funeral goods and services they want (with some exceptions).
· If state or local law requires the purchase of any item, the funeral provider must disclose this on the price list and reference the law in writing.
· A funeral provider may not refuse, or charge a fee, to handle a casket the consumer bought elsewhere.
· Funeral providers must disclose any legal, cemetery, or crematory requirements associated with specific funeral goods or services the consumer purchases.
· The funeral provider must present an itemized statement of the total cost of the funeral goods and services at the time the consumer makes arrangements. If the funeral provider does not know the cost of the cash advance items at the time, he or she is required to provide a written “good faith estimate.”
· Funeral providers must disclose in writing the goods and services they buy on a consumers behalf (for example, flowers, organists, and pallbearers).
· Funeral providers must inform consumers if they are eligible for refunds, discounts, or rebates from suppliers on any cash advance item.
Cremations
· A funeral provider that offers cremations must make alternative containers available.
· Funeral providers who offer direct cremations also must offer to provide an alternative container that can be used in place of a casket.
Embalming
· If a funeral arrangement, such as a viewing, makes embalming a necessary purchase, the funeral provider must disclose this in writing.
· Consumers have the right to choose direct cremation or burial, which does not require embalming.
Funeral providers may not
· Require embalming if the body will not be viewed.
· Administer embalming services without permission.
· Falsely state that embalming is required by law.
· Charge for unauthorized embalming.
· State that embalming, or a particular type of casket, will preserve the body of the deceased for an unlimited time.
Caskets
· Funeral providers must provide the consumer a price list of caskets before showing the caskets.
· It is illegal for a funeral provider to charge a handling fee for a casket purchased elsewhere.
· Funeral providers may not claim that any casket will preserve a body indefinitely.
· Funeral providers may not claim that state law requires a vault or liner. (However, many cemeteries require some type of outer burial container to prevent future sinking of the grave.)
· Funeral providers may not claim that a vault will keep the outside elements from penetrating the casket if that is not true.
Cremations
· Funeral providers who offer direct cremations may not claim that state or local law requires a casket for direct cremations. None do.
· Funeral providers must disclose in writing the consumer’s right to buy an unfinished wood box, or an alternative container, for a direct cremation. They must provide also provide these containers.
Read the entire text of FTC’s A Funeral Consumer’s Guide.
http://www.ftc.gov/bcp/edu/pubs/consumer/products/pro19.shtm
Legal Disclaimer:
The Funeral Is Just the Beginning: Everything You Need to Do When Someone Dies is intended as a reference volume only, not as a legal manual. The information provided is designed to help make informed decisions about finalizing the affairs of a loved one, but is not intended as a substitute for legal advice.
The Funeral Is Just the Beginning: Everything You Need to Do When Someone Dies is intended as a reference volume only, not as a legal manual. The information provided is designed to help make informed decisions about finalizing the affairs of a loved one, but is not intended as a substitute for legal advice.