FTC Funeral Rule — Your Rights When Arranging a Funeral
What Is It?
The FTC Funeral Rule is a federal regulation that gives consumers powerful, enforceable rights when arranging a funeral — rights that most people never exercise because they’re grieving, under time pressure, and don’t know the rules. The Funeral Rule requires funeral homes to provide itemized pricing, prohibits forced package deals, and gives you the right to bring in your own casket from an outside supplier — which funeral homes must accept without charging an extra fee.
Your Key Rights
1. You are entitled to an itemized General Price List
The moment you walk in, the funeral home must hand you a written General Price List (GPL) — no asking required. The GPL lists the price of every individual item and service. You cannot be forced to buy a package.
2. You can get prices over the phone
Funeral homes must give you prices over the phone for any item on the GPL if you ask. You can compare prices at multiple funeral homes from home before making any commitment.
3. You can buy only what you want
You cannot be forced to buy a bundle. If you want a direct cremation without a viewing, you can purchase exactly that — the “basic services fee” is the only non-optional charge (it covers overhead and cannot be avoided), but everything else is à la carte.
4. You can provide your own casket — and they must accept it
You have the right to purchase a casket from any source (online retailers, warehouse stores, or directly from a manufacturer) and bring it to the funeral home. The funeral home cannot:
- Refuse to use your casket
- Charge a “handling fee” for using an outside casket
- Require that you purchase the casket from them
Caskets purchased online (e.g., from Costco, Walmart, or dedicated casket retailers) can be delivered within 24–48 hours and typically cost 50–70% less than funeral home caskets.
5. For cremation — no casket required
No state law requires a casket for cremation. Funeral homes must make an “alternative container” available for cremation — usually a simple cardboard or unfinished wood container that costs a fraction of a casket. They cannot require you to buy a casket for cremation.
What Most People Don’t Know
- Funeral home casket markups are typically 300–500%. A casket a funeral home sells for $3,000 can often be found online for $800–$1,200. You can request the funeral home’s wholesale cost — they are not required to disclose it, but the question signals you know your rights.
- Embalming is almost never legally required. Despite what some funeral homes imply, embalming is generally not required by law unless the body is being transported across state lines or there’s a significant delay. You can decline it.
- Funeral homes cannot legally require viewing before cremation. A “direct cremation” means the body goes directly from the place of death to the crematory. It is legal, significantly less expensive, and the funeral home must offer it.
- You can pre-arrange and comparison shop. Pre-need funeral arrangements let you lock in prices. Get a GPL from at least two funeral homes before committing.
Who Benefits Most?
Anyone arranging a funeral — especially those who are price-conscious, planning ahead, or who have received a quote that feels inflated. Average American funeral costs $8,000–$12,000; informed buyers routinely spend 30–50% less.
Legal Basis
- FTC Funeral Rule — 16 CFR Part 453 — Enacted 1984, enforced by the Federal Trade Commission. Applies to all funeral homes that sell both funeral goods and services.
- FTC Act § 5 — Deceptive practices enforcement.
Frequently Asked Questions
Can a funeral home charge a fee if I bring my own casket from an outside supplier?
No. The FTC Funeral Rule explicitly prohibits funeral homes from charging a “handling fee” or any surcharge for using a casket you purchased elsewhere. They must accept your casket without any additional fee.
Is embalming required by law?
In almost all circumstances, no. No federal law requires embalming, and most states do not require it either. It is typically only required if the body is being transported across state lines or if burial is significantly delayed. You can decline embalming, and the funeral home must offer refrigeration as an alternative.
What is a “basic services fee” and can I avoid it?
The basic services fee is the one charge the Funeral Rule allows funeral homes to make non-optional. It covers the funeral home’s overhead — licensing, facilities, and basic coordination. Every other line item on the General Price List can be declined individually, but this fee applies to every arrangement.
Can a funeral home refuse to give me prices over the phone?
No. Under the Funeral Rule, funeral homes must provide itemized prices over the phone to any caller who asks. You do not need to visit in person to compare prices, and the funeral home cannot require a visit before quoting prices.
If I pre-arrange my funeral, can the prices change by the time I die?
It depends on how the pre-need contract is structured. Some contracts lock in prices (guaranteed price contracts); others only guarantee that your funds will be held in trust but allow prices to adjust. Review the contract carefully and ask whether the price is guaranteed before signing.