Funeral Rule - Specific Prohibited Misrepresentations

Specific Prohibited Misrepresentations

The Funeral Rule prohibits specific misrepresentations in six areas.

1. Embalming The Funeral Rule prohibits funeral homes from telling consumes that state or local law requires embalming if that is not true. If state law does require embalming, the funeral home may tell the family that embalming is required to the specific circumstances.

Funeral homes must disclose in writing on the GPL that embalming is not required by law except in special circumstances, and must include the following disclosure language: “Except in certain special cases, embalming is not required by law. Embalming may be necessary, however, if you select certain funeral arrangements, such as a funeral with a viewing. If you do not want embalming, you usually have the right to choose an arrangement that does not require you to pay for it, such as direct cremation or immediate burial.”

If state or local law does not require embalming under any circumstances, The Funeral Rule allows for the phrase “except in certain special cases” to be omitted. This disclosure should be placed directly next to the price for embalming.

If a family member wants to briefly view the deceased by lifting the lid of the casket prior to an immediate burial, The Funeral Rule prohibits the funeral home from charging the family for preparation of the body if embalming is declined. The request to see the deceased does not constitute a formal viewing or visitation.

2. Casket for Direct Cremation The Funeral Rule prohibits funeral homes from telling consumers that state or local law requires the purchase of a casket for direct cremation, or for any other reason. If direct cremation is offered, The Funeral Rule dictates that an alternative container be available and that consumers be informed that such alternative container is available. This must be disclosed in writing on the GPL with the following language: “If you want to arrange a direct cremation, you can use an alternative container. Alternative containers encase the body and can be made of materials like fiberboard or composition materials (with or without an outside covering). The containers we provide are (specify containers)”.

This disclosure should be placed directly next to the price range for direct cremation. If direct cremation is not offered, this disclosure may be omitted.

3. Outer Burial Container The Funeral Rule prohibits funeral homes from telling consumers that state or local law requires them to buy an outer burial container, if that is not true. Consumers must also be told that state law does not require them to purchase an outer burial container.

Prices for outer burial containers may be included on the GPL or on a separate Outer Burial Container Price List. If included on the GPL, the following disclosure must be included and placed directly next t the outer burial container prices: “In most areas of the country, state or local law does not require that you buy a container to surround the casket in the grave. However, many cemeteries require that you have such a container so that the grave will not sink in. Either a grave liner or a burial vault will satisfy these requirements”.

If a separate Outer Burial Container Price List is used, the GPL must state the range of prices for the outer burial containers sold by the funeral home, along with the following disclosure: “A complete price list will be provided at the funeral home”.

4. Legal and Cemetery Requirements The Funeral Rule states that funeral homes cannot tell consumers that any federal, state, or local law or a particular cemetery or crematory requires them to buy a particular good or service, if that is not true. If a consumer is told that a particular good or service must be purchased because of any legal, cemetery or crematory requirement, the applicable requirement must be identified and described on the Statement of Funeral Goods and Services Selected.

5. Preservative and Protective Value Claims The Funeral Rule prohibits any representations to consumers that funeral goods or services will delay the natural decomposition of human remains for a long term or an indefinite time.

The Funeral Rule prohibits representation that funeral goods such as caskets or outer burial containers have protective features or will protect the body from gravesite substances because that is not true.

All warranty information must be provided to the family and it must be clarified by the funeral home that the claims made in the warranty are made by the manufacturer and not by the funeral home.

6. Cash Advance Items If a funeral home charges a mark-up on cash advance items or receives a commission, discount or rebate that is not passed along to the consumer, the funeral home is prohibited from stating that the price charged for the cash advance item is the same as the actual cost. If a funeral home charges a mark-up, or receives a rebate, commission, or trade or volume discount, it must be disclosed to the consumer in writing on the Statement of Funeral Goods and Services Selected, with each cash advance item listed separately, with the following disclosure: “We charge you for our services in obtaining: (specify cash advance items)”.

The Funeral Rule does not prevent the funeral home from charging a mark-up on cash advance items, nor does it require the funeral home to disclose the amount of the charge, rebate, commission or discount.