Your funeral may be one of the most expensive consumer purchases you or your family ever makes. Most people, however, do not handle a funeral purchase the same way they approach other major purchases. For example, many feel uncomfortable shopping around or negotiating funeral expenses. Others spend more than they can afford either as a way to show their feelings for a loved one or due to deceptive sales tactics from funeral home staff. To avoid overspending, it helps to understand your rights under the “Funeral Rule” enforced by the Federal Trade Commission (the “FTC”). The Funeral Rule covers the following important areas:
Packages
You don’t have to buy a “package” funeral. You generally have the right to pick and choose the funeral goods and services you want. The funeral provider must tell you this in writing on their general price list.
Price List
If you shop in person, the funeral provider must give you an itemized price list. If you call on the phone, the funeral provider must give you itemized price information if you ask. This makes it much easier to comparison shop.
Caskets
A funeral provider can’t prevent you from buying a casket from a third party and can’t charge you extra if you do. You can also choose to make your own casket. If you decide to look at a funeral provider’s caskets, he or she must give you descriptions and prices of all available selections before showing the caskets. Note that “sealed” or “gasketed” caskets typically add several hundred dollars in cost. To save money, buy an unsealed casket. The difference between sealed and unsealed relates primarily to the manner and length of body decomposition. For more information on buying a casket from a third party, see http://www.funeralnet.comwww.funerals.org or www.directcasket.com.
Itemized Statement/Good Faith Estimate
When you are making funeral arrangements, the provider must give you an itemized statement of the total cost. If they don’t know the cost of cash advance items, the provider must give you a written “good faith estimate”. Cash advance items may include items such as cemetery or crematory services, flowers, musicians, obituaries, and clergy honoraria.
Embalming
Embalming is usually required if you plan to have a viewing or visitation. It is not required if the body will be buried or cremated shortly after death. Eliminating this service can save you money. The FTC Funeral Rule prevents the funeral provider from misrepresenting the need for embalming and requires written disclosures of your alternatives.
Cremation
If you choose cremation, caskets are not required and a funeral provider can’t tell you otherwise. If you plan cremation and want to have a viewing, look into renting a casket. Also, a funeral provider cannot require you to purchase a cremation urn from them. Urns, like caskets, may be purchased from a third party.
Burial Vaults or Grave Liners
Whether you need to purchase a vault or liner depends on requirements of the cemetery you have selected. The Funeral Rule prevents funeral providers from telling you that state law requires a burial vault or grave liner. If you need a liner or vault because of cemetery requirements, the funeral provider must show you descriptions and prices of all available selections before showing them. You can also buy a vault or liner from a third party dealer.
Preservative Products and Processes
Funeral providers cannot claim that a process (for example, a particular type of embalming) or a product (for example, a casket) will preserve a body indefinitely.
General Planning Advice. The FTC gives consumers the following sound advice when planning for a funeral:
Note this is a brief summary of some of the more important FTC Funeral Rule protections. To obtain additional information on the FTC Funeral Rule or to file a complaint, see the FTC website at www.ftc.gov or send a letter to The Consumer Response Center, Federal Trade Commission, 600 Pennsylvania Avenue, NW, Washington, DC 20580.
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*As you read this information, remember this article is not a substitute for legal advice.