In recent years the Federal Trade Commission (FTC) has been considering ways to update the 1984 Funeral Rule* and soliciting public comments at various stages in this process. For example,
- Spring 2020: Should the Rule be continued? If so, what changes, if any, are desired, and why?
- November 4, 2022 – January 17, 2023: Reactions to Changes PROPOSED by FTC.
- September 7, 2023 Workshop with invited speakers from industry and consumer reps. See AGENDA. [Archived recording here.] [Video commentary by Caitlyn Doherty, 9/20/23.]
- September 7 – October 10, 2023: Public comments welcome!
Key idea from our perspective: it is high time to require that funeral providers post prices online, giving consumers easier access to General Price List (GPL) information. Funeral homes are already required to provide printed GPLs, to hand to you when you visit them in-person. Online prices, viewable at any hour, would be so helpful!
Fortunately the Commission now agrees, and has proposed a mandate for online posting. Questions remain, however, about some aspects of this mandate, and about other proposed revisions to the Rule.
The national Funeral Consumers Alliance (FCA) reviewed the FTC proposals and in December 2022 submitted clear responses to each of the posed questions. In summary, FCA believes the most important and useful amendments to the Rule would be:
- Mandatory and prominent posting of General Price Lists (GPLs) on the websites of funeral
providers. - The same should apply to Outer Burial Container Price Lists and Casket Price Lists.
- Amendments to the current embalming disclosure to clarify that embalming is not legally
required as a condition of viewing the body, but may be required by in-house funeral provider
policies. - Mandatory disclosure of third-party crematory fees, when applicable, directly adjacent to all
cremation offerings and descriptions.
We agree. Sandy Ward, long-time FCAWM volunteer and board member, has shared, in a blog entry, some tips and personal observations about FTC’s review of the Funeral Rule. See also Caitlyn Doherty’s comments about the importance of this revision effort: “Why Are Funerals So Expensive?” (Youtube video).
NOTE: If you submitted a comment in spring 2020, when FTC initiated the review and asked whether the Funeral Rule was helpful and what needed changing, THANK YOU! You helped move us to this historic moment when real change seems on the horizon. FTC listened. Thanks also if you commented in January 2023. No need now to repeat your earlier comments because they are already part of the official record. You may, of course, submit new comments until the FTC deadline of October 10, 2023.
* The official, legal name of the “Funeral Rule” is Funeral Industry Practices Rule (16 CFR Part 453). It was enacted in 1982, and effective in 1984.