
The death of a loved one brings immense grief. This vulnerability makes families susceptible to predatory business practices. For decades, the Federal Trade Commission (FTC) governed the funeral industry with “The Funeral Rule.” Recognizing evolved consumer needs, the FTC recently updated these rules for the first time in 30 years. These changes increase transparency and prevent exploitation, allowing families to make informed decisions. Consequently, many once common but unethical practices are now illegal.
1. Refusing to Disclose Prices Online or by Phone
Previously, the Funeral Rule only required in-person price disclosures. This forced grieving families to visit multiple funeral homes to compare costs. During these visits, they often faced intense sales pressure. The updated rule now makes it illegal to withhold prices online or by phone. Funeral homes must be transparent, allowing families to comparison shop from home.
2. Requiring a Casket for Cremation
Some funeral homes deceptively implied a casket was necessary for direct cremation. This is false, as the law only requires a simple “alternative container.” This container is usually made of cardboard or pressboard. New regulations now make it explicitly illegal to require a casket for cremation. This change prevents providers from upselling costly, unneeded products.
3. Misrepresenting Legal Requirements
Some funeral homes mislead families about legal requirements. They falsely claim expensive services like embalming are required by law. While some situations require embalming, it is rarely mandatory. The updated FTC rule makes it illegal to misrepresent these laws. Providers must now give a written statement clarifying their policies versus legal mandates.
4. Charging Extra for Third-Party Caskets
Consumers have the right to buy a casket from a third-party seller. This means you can purchase one from a retail store or online. Some funeral homes tried to penalize this choice. They would add a “casket handling fee” or charge more for other services. The new rules clarify this practice is illegal and prohibits these extra fees.
5. Failing to Provide a Price List Immediately
The General Price List (GPL) is key to consumer protection. It itemizes the cost of all available goods and services. Previously, the timing for providing the GPL was ambiguous. Updated rules now require funeral homes to provide the GPL immediately. They must give it to you before any discussion of arrangements or costs begins.
6. Omitting Disclosures on Price Lists
The FTC requires specific disclosures on the General Price List. These notices inform consumers of their important rights. They include your right to choose only what you want. The updated rules specify the exact language for these disclosures. It is now illegal for a funeral home to omit or obscure them.
7. Bundling Services Without Itemizing Prices
Many funeral homes offer bundled service packages. However, some presented these deals as the only options. This made it hard for families to select only the services they wanted. The updated Funeral Rule allows packages but requires an itemized price list too. Therefore, families must always have the option to pick and choose individual services.
A New Era of Consumer Protection
These strengthened federal regulations protect grieving families. The FTC now mandates greater price transparency. They also closed loopholes that allowed for deceptive practices. This empowers consumers to make choices based on their needs and budget. Knowing these practices are illegal gives families confidence to demand clarity and avoid unnecessary costs.
Have you had an experience with a funeral home, positive or negative, that others could learn from? Please share in the comments.
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