Funeral Consumer Rights in the USA: What You're Entitled To

Funeral consumer rights in the US come from two places. The federal FTC Funeral Rule gives you the right to prices, to choose only what you want, and to honest information. State law covers most of the rest: who makes the decisions, whether you need a funeral director, prepaid contracts and cemeteries. If something goes wrong, you can complain to your state funeral board, your attorney general and the FTC.

What rights does federal law give you?

The FTC Funeral Rule is the national baseline. In short, you can:

• get prices by phone without giving your name first
• get a General Price List to keep when you discuss arrangements in person
• see casket and outer burial container price lists before you see the products
• buy only the goods and services you want, instead of a package
• use a casket or urn bought elsewhere, with no handling fee
• get an itemized written statement, with a total, before you pay
• be told in writing about any item that a law, cemetery or crematory really requires

Our guide to the FTC Funeral Rule covers what the rule says, what funeral homes can't claim, and what it doesn't cover. Our General Price List guide shows how to read each line.

What rights does state law give you?

Who makes the decisions. State law sets who controls the funeral and burial. California, for example, lists in order an agent under a health care power of attorney, the spouse, adult children, parents, siblings and other relatives. The Funeral Consumers Alliance (FCA) says the power to name a designated agent for disposition is honored in all states, so you can name someone other than your next of kin. See appointing a funeral representative.

The FTC advises putting your preferences in writing and giving copies to family members and your attorney, rather than relying on your will, because a will often isn't read until after the funeral.

Whether you need a funeral home. The FTC says people in most states aren't legally required to use a funeral home to plan and conduct a funeral. The FCA says nine states require a licensed funeral director for certain tasks, such as filing the death certificate, transporting the body or being present at burial or cremation: Connecticut, Illinois, Indiana, Iowa, Louisiana, Michigan, Nebraska, New Jersey and New York. The tasks differ by state. See whether you must use a funeral home and home funeral laws by state.

Prepaid funeral contracts. The FTC says state laws govern prepayment, and protections vary widely, with some offering little or no effective protection. Ask whether the money is held in a trust or insurance policy, what happens if the business closes, whether you can cancel for a full refund, and whether the plan transfers if you move. See pre-paid funeral plans and transferring a prepaid plan.

Cemeteries. The FTC says the Funeral Rule doesn't cover cemeteries and mausoleums unless they sell both funeral goods and funeral services. It says most, but not all, cemeteries require a grave liner, and that there are charges to open and fill a grave, with perpetual care sometimes included and sometimes a separate fee. The FCA says about half of states have some sort of cemetery regulation. Ask for the cemetery's written price list and rules before you buy. See cemetery rules and regulations.

Releasing a body. The federal rule doesn't say when a home must release remains, and state law varies. See our guide to a funeral home holding a body.

What documents should you get and keep?

The FTC says to check the itemized statement and make sure the funeral home agrees to any changes or corrections before you agree to use its services. Read it against the price list line by line, and ask the home to explain anything labeled "required" by pointing to the law, cemetery or crematory rule.

What counts as a valid complaint?

The FCA says a complaint is more effective when it names a specific problem or a rule that was broken, rather than "it was terrible" or "it cost too much." Its examples fall into four groups:

• Unreasonable or unexpected cost. The price list shows a $595 casket as the lowest price, but the director says nothing is available under $2,000.
• Unethical or unprofessional conduct. You were told embalming was required even for a private family viewing, or that the handles of a casket bought elsewhere would fall off.
• Negligence. The home failed to send the obituary to the newspaper.
• Breach of contract. A cemetery or monument dealer didn't deliver the marker you ordered, even after six months.

For embalming and legal-requirement claims, see whether embalming is required by law.

How do you file a complaint about a funeral home?

1. Write everything down as soon as you think there may be a problem. Note dates, names (even first names) and what was said. Ask anyone with you to write their own notes.
2. Try to settle it with the funeral home or cemetery first. The FCA suggests this is the fairest start. Put your complaint in writing and say what you want, such as a refund or a corrected bill.
3. Contact your state licensing board. The FTC says most states have a licensing board that regulates the funeral industry. The FCA says to address the complaint to the regulatory or licensure board where there is one.
4. Contact your state attorney general. The FTC recommends this alongside the board, and the FCA says to consider it if there may be criminal conduct.
5. Report it to the FTC at ReportFraud.ftc.gov or 1-877-382-4357, especially for price disclosure and false-claim problems. The FTC also suggests checking with your local Better Business Bureau for help resolving a problem.
6. Send a copy to the business you are complaining about. The FCA also suggests copying the Funeral Consumers Alliance so the business knows others are watching.

What should you expect after you complain?

Results vary. The FCA says a board or state agency may order a refund or a reduction in the bill, impose a fine, order an apology or more training, issue a warning, put the business on probation or, rarely, revoke a license. Revocation is usually reserved for serious misconduct such as embezzling prepaid funeral money. You may not be told the outcome, and you may not get everything you ask for, so state a realistic request.

For a money dispute or a contract claim, a lawyer can tell you what remedies exist where you live. If you're worried about unpaid bills, see our guide to funeral debt collection.

What is the Funeral Consumers Alliance?

The FCA is a nonprofit consumer group with local affiliates around the country. It publishes guides on funeral rights and price surveys. The organization says it does not provide financial assistance for funerals, but offers advice on saving money. Its website has an affiliate finder and state-by-state complaint contacts.

What to do next

1. Before you visit a funeral home, phone two or three and ask for prices. See questions to ask a funeral director.
2. Ask for the General Price List and keep it, then compare the itemized statement to it before you pay. See hidden funeral costs for charges to watch.
3. Put your own wishes and your chosen agent in writing and share copies.
4. If something goes wrong, write down what happened and contact your state board, attorney general and the FTC.