Recent Funeral Rule Opinions
The Division of Marketing Practices periodically issues informal staff advisory opinions in response to requests for interpretation of the Funeral Rule. Staff opinions are issued, pursuant to Rules 1.1-1.4 of the Commission’s Rules of Practice, 16 C.F.R. §§ 1.1-1.4, in response to questions of general public interest.
1994 |1995 | 1996 | 1997 | 1998 | 1999 | 2000 | 2001 | 2002 | 2003 | 2004 | 2005 | 2006 | 2007 | 2008
- Opinion 08-1
Confirms that crematories that offer funeral goods are covered by the Funeral Rule.
- Opinion 07-1
Discusses under what circumstances a funeral provider may need a contract with a cemetery provider to provide either a good faith estimate of the cemetery costs or the actual costs. - Opinion 07-2
Discusses whether funeral providers may routinely charge a fee for the refrigeration of bodies that is separate from the non-declinable basic services fee, and whether funeral providers may charge a fee, separate from the non-declinable basic services fee, for the use of an automobile to obtain death certificates. - Opinion 07-3
Reiterates the long-standing policy that funeral providers may not require consumers to inspect and accept third-party merchandise.
- Opinion 07-4
Discusses whether funeral providers may charge fees for storing third-party caskets or for disposing of the containers in which they are shipped; and whether funeral providers may use two separate Statements of Funeral Goods and Services -- one for its own charges and one for third-party cash advance items. - Opinion 07-5
Discusses whether the Funeral Rule requries a funeral provider to make its facilities available for a memorial service to families who do not make any other funeral arrangements with the provider. - Opinion 07-6
Discusses whether the Rule requires that the Statement of Funeral Goods and Services include an itemization of the goods and services provided in direct cremations, immediate burials, forwarding of remains and receiving remains. - Opinion 07-7
Discusses the circumstances under which the Rule requires that embalming performed by another funeral home or a third party provider be listed on the Statement of Funeral Goods and Services as a cash advance item. - Opinion 07-8
Clarifies that the Rule's prohibition of casket storage fees discussed in Opinion 07-4 applies only to "at need" arrangements, and not to "pre-need" arrangements. - Opinion 07-9
Discusses the use of computerized displays of casket prices to comply with the Funeral Rule's casket price list requirement. - Opinion 07-10
Discusses the circumstances under which the Rule requires funeral providers to list "direct cremation" on their price lists, including whether the disclosure must be made if the provider offers only cremation packages, not direct cremation as defined by the Rule.
- Opinion 04-1
Reaffirms earlier staff advisory opinion that a funeral home may not make consumers sign for third-party caskets.
- Opinion 04-2
Discusses use of a NFDA-designed receipt for third-party caskets.
- Opinion 04-3
Discusses what funeral goods and services must be separately itemized on the General Price List; under what circumstances items may be listed as “no charge”; whether funeral providers may use separate General Price Lists for funerals for children; whether the cost of cremation must be included in the price for direct cremation.
- Opinion 99-1
Discusses whether an alternative General Price List may be used for certain religious groups.
- Opinion 98-1
Discusses applicability of Louisiana law to the Funeral Rule, and the retail sale of caskets.
- Opinion 97-1
Discusses whether alternative General Price Lists can be used for certain groups; whether funeral providers may charge translator fees; and whether the General Price List must be in English.
- Opinion 97-2
Discusses Funeral Rule’s requirements for itemization of charges, disclosure of service charges, and whether a private right of action exists under the Rule.
- Opinion 97-3
Discusses under what circumstances funeral providers may offer discounts for casket purchases.
- Opinion 97-4
Discusses whether a fee may be charged for required identification viewing, and the applicability of the Funeral Rule to mandatory identification viewing.
- Opinion 96-1
Discusses whether additional information in the Statement of Funeral Goods and Services may be provided.
- Opinion 95-1
Discusses whether a group of funeral homes may use a consolidated General Price List and whether the Funeral Rule applies to pricing issues.
- Opinion 95-2
Discusses whether a sales agent representing several funeral providers may use a single generic General Price List.
- Opinion 95-3
Discusses whether a funeral home is obligated to sell caskets without providing any funeral services.
- Opinion 95-4
Discusses when fees for basic services of funeral director and staff may be charged.
- Opinion 94-1
Discusses the applicability of the Funeral Rule to a company that launches remains into space.