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Writer's pictureCindy Davis

How the FTC Funeral Rule Helps You Achieve Transparency


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Losing a loved one is one of life’s most challenging moments, and it’s during this time of intense grief that many families find themselves faced with the overwhelming task of planning a funeral. The funeral industry refers to this as a “distressed purchase” — and with good reason. When emotions are running high, making clear and objective decisions can feel nearly impossible. Unfortunately, some funeral advisors, often well-trained sales professionals, can use subtle psychological tactics to persuade you to spend more than necessary.

 

Recognizing these challenges, the Federal Trade Commission (FTC) enacted the Funeral Rule in 1984, later amending it in 1994, to safeguard consumers from being overcharged during this vulnerable time. The Funeral Rule ensures you have the right to choose only the goods and services you want, compare prices among funeral homes, and avoid unnecessary upsells. Whether you’re making arrangements in advance or at the time of need, this rule is designed to bring transparency and protect you from being exploited during one of your most difficult moments.


Funeral Industry Pricing and the Need for Transparency

With the rising costs of living and healthcare, many families are finding it increasingly difficult to cover funeral expenses. The aging baby boomer generation is living longer, often exhausting their savings on long-term care, leaving their loved ones with limited funds to manage funeral costs. As the responsibility of planning and paying for funerals shifts to millennial children, the landscape of the funeral industry is under pressure to evolve.

 

Unlike many other industries, the funeral sector remains largely made up of small, family-owned businesses rather than recognizable national brands. This lack of standardization contributes to widely varying prices and a lack of transparency in funeral costs. Traditionally, families did not question the final bill, accepting it without fully knowing what it included. However, today’s consumers are more cost-conscious and demand clearer pricing, simpler services, and the ability to make informed decisions.

 

The shift toward cremation is a reflection of these evolving preferences, driven by factors like cost, convenience, and cultural considerations. A traditional funeral with burial and viewing costs about $7,848 on average, while direct cremation is significantly less expensive at around $2,550. Even cremation with viewing and funeral ceremony costs less than a typical burial, averaging $6,970. However, comparing these costs can be difficult due to the variety of options available, making it necessary for you to have a clear understanding of the charges. The Funeral Rule aims to provide you with the transparency you need, protecting your right to make choices that fit your family’s needs and financial situation.


How Do Burial and Cremation Costs Compare

Since the 1960s, the National Funeral Directors Association (NFDA) has provided a standardized way to estimate these costs by calculating the national median prices for both burial and cremation. This calculation includes fees for basic services, the transfer of remains, embalming, body preparation (including casketing, cosmetology, dressing, and grooming), the use of funeral facilities and staff for viewing and the ceremony, transportation (hearse and service car), and memorial printed packages like memorial cards and register books. For cremation, additional costs considered include the cremation fee, an alternative cremation container, and an urn.

 

The Basic Funeral Services fee typically covers activities related to handling and final disposition of the body. This includes funeral planning, securing necessary permits and death certificates, preparing notices, sheltering the remains, and coordinating logistics with cemeteries, crematoriums, or other third parties. This fee does not cover charges for optional services or merchandise.

 

To aid you in your planning, we have provided a detailed side-by-side comparison table of these costs for both burial and cremation based on NFDA reporting. This table serves as a valuable reference tool for your discussions with funeral homes, ensuring that you can make informed decisions about the arrangements that best suit your needs and budget.

 Service
Burial
Cremation

Basic Funeral Service Fee (Required)

$2,495

$2,495

Removal / Transfer of Remains to Funeral Home

$395

$395

Embalming

$845

$845

Other Preparation of the Body

$295

$295

Use of Facility and Staff for Viewing

$475

$475

Use of Facility and Staff for Funeral Ceremony

$550

$550

Service Car or Van

$175

$175

Basic Memorial Printed Package

$195

$195

Hearse for Procession to Cemetery

$375

$0

Metal Burial Casket

$2,500

$0

Vault

$1,695

$0

Cremation Fee

$0

$400

Alternative Cremation Container

$0

$160

Urn

$0

$295

2023 Median Cost of Burial or Cremation with Viewing and Funeral Ceremony at Funeral Home

$9,995

$6,280

This table illustrates that the median costs for services provided by funeral homes amount to $5,425 before specific burial or cremation-related expenses are added. Of this amount, over half (53% or $2,890) covers the Basic Funeral Service Fee and the Removal/Transfer of the Remains to the Funeral Home. The remaining $2,550 encompasses optional fees, which may apply if you opt for a viewing or funeral. These fees also vary based on whether an open or closed casket is used. The costs specifically related to burial total $4,570, whereas cremation-related expenses are significantly lower at $855. These median expenses can fluctuate based on the choice of casket, which ranges from $2,000 to $5,000, or urn, priced between $50 to $2,250. The total median price for a burial in 2023 stands at $9,995, compared to $6,280 for cremation, reflecting a notable $3,715 difference.

 

It is important to note that the 2023 median cost estimates exclude additional expenses like interment in a cemetery, monument or grave marker cost, and cash-advance charges for items such as flowers or an obituary. The price for interment can vary significantly, ranging from $525 to $5,000 for burial and from $350 to $2,500 for a cremation niche. Additionally, purchasing a headstone or plaque may increase costs by another $1,000 to $3,000.

 

Considering all potential expenses based on median pricing, total funeral costs can vary significantly. For a burial, you might expect to spend up to approximately $13,000 or more, while cremation-related expenses can total around $8,780 or higher, depending on choices regarding urns and niches. A big purchase decision to be done under stress.

 

To help you manage and compare these costs effectively, we offer a downloadable funeral pricing checklist spreadsheet. This tool not only facilitates cost comparison across multiple funeral home providers but also guides you in asking the right questions to make sure you're fully informed before making any decisions.



Your Rights Under the FTC Funeral Rule

The Funeral Rule, established and enforced by the Federal Trade Commission (FTC), empowers you with specific rights to guaranty you are treated fairly when arranging a funeral, whether planning in advance or after a loved one has passed away. This rule allows you to make informed decisions, free from unnecessary financial pressure during a highly emotional time. The Funeral Rule guarantees your right to:


  1. Choose Funeral Goods and Services. You have the right to purchase only the funeral goods (like caskets) and services (like embalming or a memorial service) that you choose. You are not obligated to buy a package that includes items you do not want.

  2. Get Price Information Over the Phone. You can request price information over the phone from funeral directors, and they must comply without requiring your personal details. While not mandatory, many funeral homes also offer to send their price lists via email.

  3. Receive Written, Itemized Price List. Upon visiting a funeral home, you must be provided with a General Price List (GPL) that is yours to keep. This list will detail all the items and services offered by the funeral home and their individual prices.

  4. Given Casket and Outer Burial Container Price Lists. Before viewing the caskets or outer burial containers, you should be provided with a separate price list for these items, allowing you have the chance to consider lower-priced options that might not be on display.

  5. Obtain a Detailed Written Statement. After selecting the desired items, you must receive a detailed written statement outlining your choices and their costs before payment is made. This statement should also explain any legal or crematory requirements that necessitate specific goods or services.

  6. Use Alternative Containers for Cremation. You are permitted to use alternative containers for cremation, such as those made from unfinished wood, pressed wood, fiberboard, or cardboard. Funeral homes must make these alternatives available and inform you of their availability.

  7. Provide Your Own Funeral Goods. You may provide the funeral home with a casket or urn purchased elsewhere, and the funeral provider cannot refuse to use them or charge you a handling fee.

  8. Option to Decline Embalming. No state law mandates routine embalming. Some states only require embalming or refrigeration if the burial or cremation is not performed within a specific timeframe. You can often opt for services like direct cremation or immediate burial, which do not necessitate any form of body preservation.


These protections are designed to allow you to plan a funeral that not only respects the wishes of the deceased but also aligns with your financial and personal preferences, without undue pressure from funeral home salespeople.


Potential Changes to Funeral Rule For Greater Transparency

You should be aware of significant updates under consideration for the FTC Funeral Rule that aim to enhance transparency for consumers like you. The FTC held working group session in September 2023 reviewing the proposed rule to better align with modern consumer behaviors, particularly focusing on how funeral costs are presented online. One major update under consideration is the requirement for funeral providers to display and share their price lists online or through other electronic means (email or text), allowing you to compare prices more easily from the comfort of your home without the need to initiate in-person contact.

 

Another critical update announced in October 2023 targets the reduction of "junk fees." The FTC is proposing rules that would prohibit hidden and unnecessary fees, ensuring that all mandatory charges are clearly included in the prices advertised to consumers. This change is intended to make it simpler for you to grasp exactly what you are paying for and facilitate more effective comparison shopping based on clear and comprehensive pricing. These proposed updates are designed to enhance the transparency and fairness of funeral pricing, empowering you to make more informed decisions during a difficult time.


Funeral Rule Enforcement and Violators

FTC oversight is key in protecting consumers like you from being misled or overcharged during such a vulnerable time. Recently, the FTC conducted its first undercover phone sweep, calling over 250 funeral homes nationwide to assess their adherence to the rule, particularly regarding the provision of price information.

 

This review revealed that 39 funeral homes failed to meet their obligations under the Funeral Rule. Most of these violations involved the refusal to provide pricing information over the phone or providing inconsistent pricing for identical services. Notably, one funeral home was cited for falsely claiming that local health codes required embalming under circumstances where it was not legally necessary. Embalming is generally not mandated by law except under specific conditions, such as when adequate refrigeration is unavailable.

 

Moreover, another funeral home was found in violation for promising to send a General Price List—a document that should detail all services and their prices as per FTC guidelines—but instead sent a list of package prices that did not fulfill the requirements. These infractions are serious, with potential fines up to $51,744 per violation, underscoring the FTC's commitment to enforce these consumer protection laws rigorously.

 

For your convenience and to aid in your decision-making, we are providing a link to the 2024 FTC report which includes a list of the funeral homes that received warning letters. This resource can help you verify if a funeral home you are considering has been flagged for non-compliance, ensuring that you choose a provider that respects your rights under the Funeral Rule.

 

We encourage you to use the information provided in this post to understand all the financial aspects involved in planning a funeral to have more productive discussions with funeral directors, ensuring you receive the products and services you want within your budget.

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