The Vulnerable Funeral Consumer
A funeral is not a typical commercial transaction. It is fraught with complicating factors that make the
funeral consumer, especially the consumer purchasing at the time of a death “uniquely vulnerable.”
Faced with unfamiliar responsibilities, burdened by emotion, pressed for time, most consumers readily
allow funeral directors to control the planning process, even though they have a pecuniary interest in the
outcome. The imbalance of power in such a transaction is an invitation to abuse, so it is not surprising
that many consumers, once emotions have subsided, feel that they paid too much.
A funeral is not a typical commercial transaction. It is fraught with complicating factors that make the
funeral consumer, especially the consumer purchasing at the time of a death “uniquely vulnerable.”
- The need to make decisions. The responsible person must make important decisions on matters that may be unfamiliar and confusing. Doing so is stressful and may even seem overwhelming.
- The pressure of time. A person has died; the remains must be cared for and disposed of in a reasonable time. Decisions must be made quickly.
- Intense emotion. Loss and grief are intense emotions in and of themselves, and a death may surface family tensions long suppressed. Such conditions make calm, reasonable decision making difficult. The family may have never discussed how to deal with death because of social taboos surrounding the subject.
- Ignorance of funeral options and rights. Because of those taboos, most people have made scant effort to learn about funeral matters, and the funeral industry does little to educate them. In fact, the federal government, as we have seen from the accompanying article on the Funeral Rule, has had to issue regulations requiring funeral homes to make certain disclosures. Those regulations, while useful, are still limited in scope. For example, funeral homes are not required to mail copies of their GPLs on request, and there is no requirement that funeral homes post prices on their websites, even though most establishments have them. The industry still is rather secretive about its operations.
Faced with unfamiliar responsibilities, burdened by emotion, pressed for time, most consumers readily
allow funeral directors to control the planning process, even though they have a pecuniary interest in the
outcome. The imbalance of power in such a transaction is an invitation to abuse, so it is not surprising
that many consumers, once emotions have subsided, feel that they paid too much.
The Funeral Rule Protects You
For decades the funeral industry was completely unregulated, and, as you might expect in such a
situation, customers were frequently misled, overcharged, and sold unnecessary services. In 1963
Jessica Mitford published The American Way of Death, exposing the abuses of the industry. Publication
fueled a vigorous campaign to protect consumers, one expression of which was the founding of the
Funeral Consumers Alliance the following year. Twenty years later, in 1984, the Federal Trade
Commission at last issued a set of regulations called the Funeral Rule to clean up the industry and
standardize practices. The current rule embodies revisions made in 1994. It requires funeral homes to
provide certain information to you, the consumer, and gives you specific rights. Before shopping for
funeral goods and services, you should be aware of the rule’s basic provisions.
The Funeral Rule (henceforth FR) requires the funeral home to compile a General Price List (GPL), which
must bear that title, be printed or typewritten, show the business’s name, address, and telephone number,
and state the list’s effective date.
Funeral homes are required to make six disclosures on the GPL.
• The right of selection. You have the right to select only the goods and services you want, except for a non-declinable fee for basic services. The rule states the specific language guaranteeing that right that should appear on the GPL. You are not required to purchase a “package deal,” which may include items you do not want.
• Embalming not required by law. The funeral home must state this directly. However, the funeral home is allowed to say that “embalming may be necessary…if you select certain funeral arrangements, such as a funeral with viewing.” This disclosure must be placed “in immediate conjunction” with the stated price for embalming. And the FR says that you, the consumer, must give express approval before the funeral home is allowed to embalm a body.
• Alternative containers may be used. You are allowed to use an alternative container for cremations, which may be made of wood, cardboard, fiberboard, or similar materials. On its GPL the funeral home must state what its containers are made from.
• What the basic services fee covers. If you use a funeral home, you must pay for basic services, which cover the funeral home’s administrative costs and overhead. The funeral home must specifically let you know what this fee covers. Note that a pro-rated amount for basic services is included in prices for direct cremations, immediate burials, and forwarding or receiving remains.
• A casket price list is available. The funeral home may list casket prices on its GPL or it may use a separate price list. If the business uses a separate list, its GPL must state the price range (lowest to highest) of the caskets it sells. The casket price list must contain the same identifying information for the business that is required on the GPL and must provide enough description to enable you to identify each casket in the showroom. The FR requires the funeral home to offer you a casket price list to review before showing you the merchandise.
• An outer burial container price list is available. This disclosure relates to vaults and grave liners, which surround the casket in the ground to prevent the grave from sinking in if the casket deteriorates. Requirements are similar to those for the casket price list. The FTC also requires funeral homes to state that law does not require outer burial containers but that cemeteries may require them in the interest of grounds maintenance.
Another way the FR protects you is by prohibiting funeral homes from giving you false or misleading
information. Examples are:
• Saying that you are required to buy a casket from the funeral home. You can buy a casket from a third-party seller, and the funeral home cannot charge you a “handling” fee or require you to be present at the funeral home when the casket is delivered.
• Saying that embalming will preserve a body indefinitely. That is not true. Embalming temporarily delays decomposition so that the body may be viewed prior to burial. Nothing more should be claimed.
• Saying that a casket or vault will protect the body from decomposition or damage by substances such as water or soil.
• Concealing fees that are added to cash advance items, which are goods purchased through the funeral home from third-party sellers such as florists, printers, and musicians. Funeral homes may add such charges but must disclose them. If their charge for direct cremation does not include the crematory fee, they must declare that the fee is extra.
The FR requires funeral homes to give you prices and other information about their services over the
telephone, and they cannot ask for your name, address, and phone number prior to giving them to you.
They can ask you to identify yourself, but even if you refuse, they must give you the information. They
cannot require you to come to the funeral home to receive information.
On the other hand, if you do show up at the funeral home, the staff is required to give you a copy of the
GPL to take with you. This is true whether or not you are planning a funeral at the time. This part of the
rule is to make it easier for you to do comparative shopping and planning. We at FCASC strongly
recommend that you visit any funeral home you are considering.
Unfortunately, there is no equivalent of the FR regulating cemeteries, casket makers, monument
companies and the like. When dealing with them, it is wise to be cautious. Being aware of the FR will at
least put you in the proper frame of mind to approach these purchases.
