The Funeral Rule was introduced in 1984 and enforced by the Federal Trade Commission (FTC) to protect consumers. It guarantees several key rights, including:
- The right to an itemized price list before discussing arrangements.
- The right to refuse package deals that include unwanted products or services.
- The right to buy a casket or urn from a third party, without penalty.
- The right to receive a written cost breakdown before making any payments.
However, in 2022, a joint study by the Funeral Consumers Alliance (FCA) and the Consumer Federation of America (CFA) surveyed 1,046 funeral homes across 35 U.S. state capitals. Only 18% had full price lists posted online – but even this is only a marginal improvement from 16% in 2017, despite long-standing FTC guidelines.
The FTC is now reviewing whether to obligate funeral homes to publish all their prices online.
Anthony Martin, founder of the insurance company Choice Mutual, provides these guidelines:
Red Flags to Watch For:
- No itemized price list provided before discussing services.
- Pressure to “do the right thing” by choosing more expensive options.
- Being told a casket is required for cremation (it’s not).
- Vagueness around what’s included in prepaid funeral contracts.
- Any suggestion that embalming is mandatory (it usually isn’t).
How to Protect Yourself (and Your Budget):
Planning ahead – or even just knowing your rights – can save families thousands of dollars and significant stress. Martin recommends the following steps:
- Shop Around and Ask Questions – always ask for prices up front. Funeral homes must provide these over the phone or email you a price list. Don’t agree to anything without knowing how much everything costs first.
- Don’t Blindly Accept Pre-Packaged Deals – legally, you are entitled to only select the services you want; packages can often include things you don’t want or need, inflating the cost.
- You Have the Right to Buy the Casket or Urn Elsewhere – shop around: retailers and online sellers often offer better deals. Funeral homes are not allowed to charge extra for accepting an outside purchase.
- Get Written Confirmation – always request a detailed statement that outlines every single item and cost before you pay.
- Understand the Details of Any Prepaid Plan – Martin also recommends asking whether it covers just the merchandise, or services as well. Understanding the terms of cancellation is imperative, as is understanding your state’s protections.
- Don’t Reveal Your Budget – keeping your maximum spend to yourself reduces the risk of being “upsold” to match it.
- Take Your Time – if the body is at a hospital or with a coroner, you usually have at least two days – sometimes longer – to make decisions. Don’t feel rushed into anything; take some time away in a peaceful place with other family members to debate matters.
- Decline Embalming Unless Absolutely Necessary – Washington state law does not require embalming, except under special circumstances. You have the right to say no to this if the funeral provider is trying to persuade you to do it.
Burial should be all about honoring a life, not making things financially difficult or devastating for those left behind. “With the right information, families can avoid being taken advantage of and make choices that are respectful, affordable, and meaningful,” says Martin.
As the FTC moves toward greater transparency requirements, it’s a good time for Washingtonians to educate themselves about the funeral industry and ask tough questions.
The information in this article is courtesy of ChoiceMutual.com.
