Funeral Home Consumer Rights and FTC Regulations

Funeral purchases happen under the worst possible conditions: you're in grief, you're in a time crunch, and you're dealing with an industry where the seller has enormous informational advantages over the buyer. Federal and state laws protect funeral consumers — but you have to know your rights to use them. This guide explains the FTC Funeral Rule and other key protections.

The FTC Funeral Rule

The Federal Trade Commission's Funeral Rule (16 CFR Part 453) is the primary federal law protecting funeral consumers. It applies to all for-profit funeral providers in the US. Key provisions:

Right to itemized pricing

When you visit a funeral home in person, they must give you a General Price List (GPL) at the start of the arrangement process, before showing you merchandise. The GPL must list prices for every service and product they offer.

When you ask about prices over the telephone, the funeral home must provide prices. You don't have to give your name, come in person, or receive a sales pitch to get pricing information.

Right to buy only what you want

You cannot be required to purchase package deals. You can select individual services and products. Exception: funeral homes may require you to purchase certain items together if they can demonstrate a specific reason (e.g., some states or facilities require embalming for viewing services — in those cases, requiring embalming alongside a viewing service is permissible).

Right to use a casket or urn you provide

You can purchase a casket from any source — an online retailer, Costco, a wholesaler — and the funeral home must use it. They cannot charge an extra fee ("handling fee") for accepting a casket you provided elsewhere. They must inform you of this right in writing.

Embalming is not usually required

Embalming is not required by federal law for most situations, and is rarely required by state law. Common scenarios where embalming may be legitimately required:

• Interstate transportation of remains (some states require it)
• Long delay between death and service (if refrigeration is not used)
• Specific facilities or cemeteries that require it

Before authorizing embalming, confirm why it's being recommended. If you don't want it and it's not legally required, you can decline.

Right to receive itemized statements

Before the funeral, the funeral home must give you a written statement itemizing all charges. After the funeral, you must receive a final itemized statement. This gives you an opportunity to verify you were charged for what you actually received.

Right to alternatives to traditional burial

Funeral homes must provide pricing for direct cremation and immediate burial (without embalming or elaborate preparation) if they offer these services.

What the FTC Funeral Rule Does NOT Cover

• Cemetery companies operating their own chapels (the FTC has a separate but related rule for these)
• Non-profit funeral providers (though most states extend similar rules to all providers)
• Pricing levels — the rule requires disclosure, not fairness in pricing

State Laws

Many states have additional consumer protection laws for funeral homes that go beyond the FTC rule. Common state protections include:

• Pre-need contract regulations (escrow requirements for prepaid funeral funds)
• Licensing requirements for funeral directors and embalmers
• Price advertising standards
• Dispute resolution processes

Contact your state's funeral regulatory authority (typically part of the Department of Consumer Affairs, Health, or Commerce) for state-specific rules.

Filing a Complaint

If a funeral home has violated the FTC Funeral Rule:

• File a complaint with the FTC at reportfraud.ftc.gov
• File a complaint with your state's funeral regulatory board
• Consider contacting your state attorney general

For serious violations, consult a consumer protection attorney. The FTC and state attorneys general can take enforcement action against funeral homes with a pattern of violations.

Practical Tips for Funeral Home Shopping

• Get itemized price lists from at least 2–3 funeral homes before choosing
• Ask specifically what is and isn't included in any package
• Don't feel pressured by a sales pitch at the arrangement meeting — take time to think before agreeing to anything
• Bring a trusted friend or family member to the arrangement meeting if you can — someone less emotionally overwhelmed can help you evaluate options more clearly
• The Funeral Consumers Alliance (funerals.org) and local memorial societies offer consumer assistance and advocacy

For the complete funeral planning guide, see our complete funeral planning guide. For cost guidance, see our article on average funeral costs in the US.