YOUR RIGHTS WHEN BUYING FUNERALS GOODS & SERVICES
When a loved
one dies, grieving family members and friends often are confronted with dozens
of decisions about the funeral — all of which must be made quickly and often
under great emotional stress.
What kind of funeral should it be? What funeral provider should you use? Should
you bury or cremate the body, or donate it to science? What are you legally
required to buy? What about the availability of environmentally friendly or
“green” burials? What other arrangements should you plan? And, practically, how
much is it all going to cost?
Each year, people grapple with these and many other questions as they spend
billions of dollars arranging funerals for family members and friends.
Many funeral providers offer various “packages” of goods and services that make
up different kinds of funerals. The Federal Trade Commission, the nation’s
consumer protection agency, wants you to know that when you arrange for a
funeral, you have the right to buy goods and services separately. That is, you
do not have to accept a package that may include items you do not want.
THE FUNERAL RULE
The Funeral Rule, enforced by the FTC, makes it possible for you to choose only
those goods and services you want or need and to pay only for those you select,
whether you are making arrangements when a death occurs or in advance. The Rule
allows you to compare prices among funeral homes, and makes it possible for you
to select the funeral arrangements you want at the home you use. (The Rule does
not apply to third-party sellers, such as casket and monument dealers, or to
cemeteries that lack an on-site funeral home.)
The Funeral Rule gives you the right to:
• Buy only the funeral arrangements you want. You have the right to buy
separate goods (such as caskets) and services (such as embalming or a memorial
service). You do not have to accept a package that may include items you do not
want.
• Get price information on the telephone. Funeral directors must give you price
information on the telephone if you ask for it. You don’t have to give them
your name, address or telephone number first. Although they are not required to
do so, many funeral homes mail their price lists, and some post them online.
• Get a written, itemized price list when you visit a funeral home. The funeral
home must give you a General Price List (GPL) that is yours to keep. It lists
all the items and services the home offers, and the cost of each one.
• See a written casket price list before you see the actual caskets. Sometimes,
detailed casket price information is included on the funeral home’s GPL. More
often, though, it’s provided on a separate casket price list. Get the price
information before you see the caskets, so that you can ask about lower-priced
products that may not be on display.
• See a written outer burial container price list. Outer burial containers are
not required by state law anywhere in the U.S., but many cemeteries require
them to prevent the grave from caving in. If the funeral home sells containers,
but doesn’t list their prices on the GPL, you have the right to look at a
separate container price list before you see the containers. If you don’t see
the lower-priced containers listed, ask about them.
• Receive a written statement after you decide what you want, and before you
pay. It should show exactly what you are buying and the cost of each item. The
funeral home must give you a statement listing every good and service you have
selected, the price of each, and the total cost immediately after you make the
arrangements.
• Get an explanation in the written statement you receive from the funeral home
that identifies and describes any legal, cemetery or crematory requirement that
compels the purchase of any funeral goods or services for which you are being
charged.
• Use an “alternative container” instead of a casket for cremation. No state or
local law requires the use of a casket for cremation. A funeral home that
offers cremations must tell you that alternative containers are available, and
must make them available. They might be made of unfinished wood, pressed wood,
fiberboard, or cardboard.
• Provide the funeral home with a casket or urn you purchase elsewhere. The
funeral provider cannot refuse to handle a casket or urn you bought online, at
a local casket store, or somewhere else — or charge you a fee to do it. The
funeral home cannot require you to be there when the casket or urn is delivered
to them.
• Make funeral arrangements without embalming. No state law requires routine
embalming for every death. Some states require embalming or refrigeration if
the body is not buried or cremated within a certain time; some states don’t
require it at all. In most cases, refrigeration is an acceptable alternative.
In addition, you may choose services like direct cremation and immediate
burial, which don’t require any form of preservation. Many funeral homes have a
policy requiring embalming if the body is to be publicly viewed, but this is
not required by law in most states. Ask if the funeral home offers private
family viewing without embalming. If some form of preservation is a practical
necessity, ask the funeral home if refrigeration is available.
COST CONSIDERATIONS
The casket and
the funeral home’s fee for the basic services of the funeral director and staff
are typically the most expensive items in a full-service funeral. Comparison
shop before you decide on a casket and funeral home; you may find a wide
variation in pricing. If cost is a consideration, look at lower-price caskets
and outer burial containers offered by the funeral home, local casket
providers, or online retailers. Caskets and outer burial containers with
warranties may not be worth the extra cost because no casket or container can
delay the decomposition of human remains indefinitely, and the Funeral Rule
prohibits statements to the contrary.
If you don’t want to hold a viewing, you can avoid charges for embalming and
“other preparation of the body,” and the charges for a viewing. Most states do
not require embalming except in special cases. The Funeral Rule requires that
an explanation of any charge for embalming be included in the written statement
you receive immediately after making the funeral arrangements.
Immediate burial and direct cremation usually are the least expensive options.
The cost of permits, preparing death notices, and coordinating cemetery or
crematory arrangements must be included in the price for direct cremation and
immediate burial. If you choose cremation, ask if the direct cremation price
includes any crematory fee. If you want additional services, including the use
of staff and facilities for a memorial service, the funeral home may charge an
additional fee.
In most states, you are not legally required to use a funeral home to conduct a
funeral. These functions may be handled by a religious or other organization,
or by your family. In addition, veterans, their immediate family members,
public health workers, and some civilians who provide military-related service
are entitled to burial in a national cemetery with a grave marker. Burial for
the veteran is free, but the family is responsible for all funeral home
expenses, such as the funeral ceremony or memorial service, and transportation
to the cemetery. Many states have low-cost cemeteries for veterans.
PLANNING YOUR OWN FUNERAL
Planning your own funeral arrangements can be a thoughtful and considerate way
to ease the burden on your family. Planning lets you shop and compare goods and
services without time constraints. You can find the best prices, make sensible
decisions, and discourage emotional overspending on elaborate arrangements that
family members might be tempted to purchase in their bereavement. Share your
plans with family members so they understand your desires and have the
information they need.
Many people say that discussions with a lawyer about preparing or updating
their will, living will or powers of attorney (including a durable power of
attorney for health care) — or conversations with a financial advisor about
investment strategies for retirement — prompt them to think about making
arrangements for their own funerals. Attorneys and financial consultants can be
good sources of information about planning funerals, as are the following
organizations:
AARP
601 E Street, NW
Washington, DC 20049
888-687-2277
www.aarp.org/
AARP is a membership organization for people 50 years of age and older.
Funeral-related information also is available at www.aarp.org/families/grief_loss/.
Council of Better Business Bureaus, Inc.
4200 Wilson Blvd., Suite 800
Arlington, VA 22203-1838
703-276-0100
www.bbb.org/alerts/family.asp
Better
Business Bureaus are private, nonprofit organizations that promote ethical
business standards and voluntary self-regulation of business practices.
Cremation Association of North America (CANA)
401 North Michigan Avenue
Chicago, IL 60611
312-245-1077
www.cremationassociation.org
CANA is an
association of crematories, cemeteries, and funeral homes that offer cremation.
Funeral Consumers Alliance
33 Patchen Road
South Burlington, VT 05403
800-765-0107
www.funerals.org
FCA is a nonprofit educational organization that supports increased funeral
consumer protection. Their website has free pamphlets on funeral planning, plus
a directory of local volunteer funeral planning groups.
Funeral Ethics Organization
87 Upper Access Road
Hinesburg, VT 05461
802-482-3437
www.funeralethics.org
FEO, an independent nonprofit educational organization, promotes ethical dealings
in death- related transactions and provides mediation assistance to resolve
consumer complaints.
Green Burial Council
8 Estacada Court
Santa Fe, NM 87508
888-966-3330
www.greenburialcouncil.org
GBC, an independent, nonprofit that encourages environmentally sustainable
death care practices as a means of acquiring, restoring, and stewarding natural
areas, assists consumers in identifying “green” cemetery, funeral, and
cremation services.
International Cemetery and Funeral Association
107 Carpenter Drive, Suite 100
Sterling, VA 20164
800-645-7700
www.icfa.org/consumer.html
ICFA is a nonprofit association of cemeteries, funeral homes, crematories, and
monument retailers that offers informal mediation of consumer complaints
through its Cemetery Consumer Service Council. Its website provides information
and advice in its Consumer Resource Guide.
International Order of the Golden Rule
PO Box 28689
St. Louis, MO 63146-1189
800-637-8030
www.ogr.org
OGR is an international association of about 1,300 independent funeral homes.
Jewish Funeral Directors of America
150 Lynnway, Suite 506
Lynn, MA 01902
781-477-9300
www.jfda.org
JFDA is an
international association of funeral homes serving the Jewish community.
National Funeral Directors Association
13625 Bishop’s Drive0
Brookfield, WI 53005
800-228-6332
www.nfda.org/consumerresources.php
NFDA is an
educational and professional association of funeral directors, which provides
consumer information on its website at www.nfda.org/consumerresources.php. NFDA also sponsors the NFDA Help Line, which
is designed to help consumers resolve complaints about NFDA members.
National Funeral Directors and
Morticians Association
3951 Snapfinger Parkway, Suite 570
Decatur, GA 30035
800-434-0958
www.nfdma.com
NFDMA is a
national association primarily of African-American funeral providers.
Selected Independent Funeral Homes
500 Lake Cook Road, Suite 205
Deerfield, IL 60015
800-323-4219
www.selectedfuneralhomes.org
SIFH is an
international association of funeral firms that have agreed to comply with its
Code of Good Funeral Practices.
SOLVING PROBLEMS
If you have a problem concerning funeral matters, it’s best to try to resolve
it first with the funeral director. If you are dissatisfied with the funeral
services you receive, the Funeral Consumers Alliance offers advice on how best
to resolve a problem. In addition, the FEO, the NFDA Help Line, and the ICFA
Cemetery Consumer Service Council may be able to provide informal mediation of
a complaint. You also can contact your state or local consumer protection
agencies. Check the Blue Pages of your telephone directory for the phone number
or check naag.org for a list of state Attorneys General.
In addition,
you can file a complaint with the FTC. Visit ftc.gov or call 1-877-FTC‑HELP
(382-4357); TDD: 1-866-653-4261. Although the Commission cannot resolve
individual problems for consumers, it can act against a company if it sees a
pattern of possible law violations.
FOR MORE INFORMATION
For more comprehensive information about the Funeral Rule, see Funerals: A
Consumer Guide, at ftc.gov/funerals. The Guide, written by the FTC, includes a
price checklist, glossary of terms, a description of services, information sources,
and a list of questions to ask funeral professionals.
The FTC works to prevent fraudulent, deceptive and unfair business practices in
the marketplace and to provide information to help consumers spot, stop and
avoid them. To file a complaint or get free information on consumer issues,
visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY:
1-866-653-4261.
www.ftc.gov
Labels: Advice, Cremation, FTC, Funeral Planning, Funeral Rule
