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Federal Trade Commission (FTC) Information

Last Updated On: Mar 09, 2015  |  Originally Published On:  Mar 09, 2015
Information regarding Facts for Business, Complying With the Funeral Rule 

Staff Opinions:

The Federal Trade Commission (FTC) has made available online its periodically issued Funeral Rule Opinions which are informal staff advisory opinions in response to requests for interpretation of the Funeral Rule.  The opinions date back to 1994 and include the most recent opinions which are summarized in a listing with links to view and the ability to download the full text of the letters.  Topics include a wide range of subjects, including the use of computerized displays of casket prices, charging a fee for refrigeration of bodies, not being able to charge consumers extra for storing a casket that the consumer bought from outside the funeral home, not being able to charge an extra to dispose of the packaging material from the outside casket . . .   If you do not already have Adobe Acrobat Reader already installed on your computer, please visit their site to download it--as the following opinions are in pdf format:

Staff Opinion #13-1   Clarifies how funeral providers should disclose additional charges for atypical services on the GPL and Statement of Funeral Goods and Services Selected.
Staff Opinion #13-2   Addresses Funeral Rule Requirements for disclosing charges for collecting insurance or trust proceeds.
Staff Opinion #12-1   Clarifies that all caskets that do not require special ordering must be listed on the casket price list, even if offered temporarily or only to a select group of customers.
Staff Opinion #11-1   Determines that funeral providers may not charge a non-declinable fee for disinfecting, washing and dressing remains for an identification viewing prior to direct cremation or immediate burial unless applicable law or crematory or cemetery requires an identification viewing.
Staff Opinion #10-1  Addresses third party casket delivery restrictions by funeral providers that unreasonably burden consumer choices.
Staff Opinion #09-1  Discusses whether funeral providers may offer discount packages conditioned on the purchase of a casket , and whether such packages may discount the basic services fee.  Written:  February 17, 2009
Staff Opinion #09-2  Confirms that funeral providers must provide accurate price information by telephone to anyone who inquires about offerings or prices, including a business that will use the information for their own profit.  Written:  March 18, 2009.
Staff Opinion #09-3  Clarifies that Opinion 09-1 is limited to the issues discussed in that opinion.
Staff Opinion #09-4  Discusses the circumstances under which funeral providers should include the overhead cost of the use of a vehicle to obtain death certificates and permits in their basic services fee.
Staff Opinion #09-5  Confirms that cemeteries generally are not covered by the Funeral Rule unless they offer both funeral services and funeral goods.
Staff Opinion #09-6  Addresses whether a funeral provider may include a reduced basic services fee in its prices for direct cremation, immediate burial and forwarding and receiving remains.
Staff Opinion #09-7  Considers funeral provider liability for claims that a vault or casket is "waterproof."