Understanding the FTC Funeral Rule.

The Funeral Rule is a federal trade regulation enforced by the Federal Trade Commission. It went into effect on April 30, 1984, after years of consumer-protection investigations that found widespread upselling, undisclosed fees, and misleading claims about what funeral merchandise actually does.

The Rule applies to any funeral home that does business in the United States, regardless of state. It covers any funeral provider that sells both funeral goods (caskets, urns, vaults) and funeral services (embalming, viewing, transportation, cremation).

Violations are federal civil offenses. The FTC can fine a violating funeral home up to $50,120 per violation (the figure adjusts for inflation; it has been raised several times). State Attorneys General also have authority to enforce.

The General Price List is the single most important document in funeral consumer protection. It is the menu — the funeral home is required to give it to you in writing, and they cannot charge you for it.

By law, the GPL must include:

• Basic services fee (the non-declinable charge for the funeral director’s time and overhead)
• Embalming (with a disclosure that it is not legally required in most cases)
• Other preparation of the body (washing, dressing, casketing)
• Transportation (transfer of remains, hearse, limo)
• Use of facilities and staff (viewing, ceremony, graveside)
• Caskets (a complete casket price list, or a separate casket price list)
• Outer burial containers (vaults and grave liners)
• Forwarding and receiving remains (when transferring between homes)
• Direct cremation and immediate burial pricing
• Alternative container availability for cremation

The GPL must be updated whenever prices change and must accurately reflect what you will be charged. Discrepancies between the GPL and the final bill are also a Funeral Rule violation.

The Casket Handling Fee prohibition is one of the strongest consumer rights in the Rule.

The funeral home cannot:

• Refuse to handle a casket you bought somewhere else.
• Charge you a fee for using an outside casket.
• Require you to be present at delivery of the outside casket.
• Require that an outside casket be inspected, cleaned, or sterilised at additional cost.
• Add a “processing fee,” “handling fee,” or any similar charge for the use of an outside casket.

The funeral home can:

• Refuse to ship a casket on your behalf to another home (this is a separate service they may charge for).
• Decline to receive an outside casket if there is a documented liability concern (rare and disputed).

For specific guidance on buying a casket online, see our how-to-buy-a-casket-online guide.

Embalming is rarely required by state law — only in specific cases (typically when transporting a body across state lines without refrigeration, or for a public viewing under certain circumstances). For a direct cremation or an immediate burial, embalming is essentially never required.

The Funeral Rule requires the home to:

• Disclose, in writing, that embalming is not required by law except in specific circumstances.
• Obtain your written consent before performing embalming.
• Tell you that you have the right to choose alternatives (refrigeration, immediate burial, direct cremation).

If you arrive at a funeral home and embalming has already been performed without your written consent, that is a Funeral Rule violation.

Common Funeral Rule violations the FTC has found in undercover surveys (the FTC runs spot inspections under its Funeral Rule Offender Program, FROP):

• Failure to give the GPL when offered the chance.
• Refusal to give prices over the phone.
• Adding a casket-handling fee for outside caskets.
• Embalming without written consent.
• Misrepresenting that embalming is “required by law” when it isn’t.
• Misrepresenting that a casket or vault “preserves” the body when it doesn’t.
• Refusing to allow the family to use an alternative container for cremation.
• Charging unauthorised cash advance items (markups on third-party costs without disclosure).
• Failing to provide a written, itemised statement before payment.

If you spot any of these, document them. Keep the GPL, the final bill, and any written or text correspondence. Take photos of any signage that contradicts the law.

1. Report to the Federal Trade Commission at reportfraud.ftc.gov. The FTC investigates complaints and runs the Funeral Rule Offender Program (FROP), which can require violators to make restitution and pay penalties.
2. Report to your state Attorney General. Many states have their own consumer-protection statutes that mirror or extend the federal Rule. The AG’s office can pursue state-level enforcement.
3. Contact the Funeral Consumers Alliance at funerals.org. The FCA is a nonprofit that tracks violations, advocates for consumer rights, and can sometimes intervene with the funeral home directly.
4. Consider state licensing board complaints. Funeral directors are licensed at the state level. A complaint to the state licensing board can affect a director’s license.
5. If financial loss is significant, consult a consumer-protection attorney. Many work on contingency for clear violations.