Know your rights
Your Rights Under the FTC Funeral Rule
Updated
The FTC Funeral Rule (16 CFR Part 453) is the federal regulation that lets you buy only the funeral goods and services you want. You can get prices over the phone and see written, itemized price lists before you commit. You can bring a casket or urn you bought elsewhere without paying a handling fee, and choose arrangements without embalming.
This is general information, not legal or financial advice. Rules and amounts change, so check the sources below or ask a qualified professional about your own situation.
What rights does the Funeral Rule give me?
The Federal Trade Commission lists ten. In its words:
| Your right | What it means |
|---|---|
| Buy only the arrangements you want | You can buy separate goods (such as caskets) and services (such as embalming or a memorial service). |
| Get price information on the telephone | Funeral directors must give you price information on the phone if you ask for it. |
| Get a written, itemized price list | The funeral home must give you a General Price List (GPL) that is yours to keep. |
| See a casket price list first | Get the price information before you see the caskets, so you can ask about lower-priced products. |
| See an outer burial container price list | If containers are not priced on the GPL, you can see a separate container price list. |
| Receive a written statement before you pay | It lists every good and service you selected, the price of each, and the total cost. |
| Get an explanation of legal requirements | The statement must describe any legal, cemetery or crematory requirement that makes you buy a good or service. |
| Use an alternative container for cremation | A funeral home that offers cremation must tell you alternative containers are available and must make them available. |
| Provide your own casket or urn | The funeral home cannot refuse to handle a casket or urn you bought elsewhere, or charge you a fee. |
| Make arrangements without embalming | No state law requires routine embalming for every death. |
Is embalming required by law?
Not routinely. Under the Rule, it's deceptive for a funeral home to say state or local law requires embalming when it doesn't. The price list itself has to say: “Except in certain special cases, embalming is not required by law. Embalming may be necessary, however, if you select certain funeral arrangements, such as a funeral with viewing.”
Can a funeral home make me buy a casket for a cremation?
No. A funeral home can't require you to buy a casket for a direct cremation, and if it arranges direct cremations it has to offer an alternative container. The Rule defines that as an unfinished wood box or other non-metal receptacle without ornamentation or a fixed interior lining.
What if I'm told a law or cemetery requires something?
Ask to see it in writing. A funeral home breaks the Rule if it claims a federal, state or local law, or a particular cemetery or crematory, requires you to buy something when that isn't true. Any real requirement has to be explained in your written statement.
What can I do if a funeral home breaks the Rule?
Take it up with the funeral director first, with the price list and your written statement in hand. You can also report the business to the Federal Trade Commission at ReportFraud.ftc.gov.
Frequently asked questions
Does the FTC Funeral Rule apply to every funeral home?
It applies to every funeral provider, which the Rule defines as anyone who sells or offers to sell funeral goods and funeral services to the public. A business that sells only funeral goods, such as a casket store, isn't a funeral provider under that definition.
Can I get funeral prices over the phone?
Yes. Ask, and the funeral director has to give you price information over the phone. You don't have to visit first.
Where do I report a funeral home that broke the Funeral Rule?
To the Federal Trade Commission at ReportFraud.ftc.gov. Raise the problem with the funeral director first if you can, and keep the price list and your written statement.
More help from our other sites
- FuneralUSSearch every funeral home near you
The full FuneralUS directory, with contact details and profiles for funeral homes in every state.
Sources
Other guides