Your Rights Under the FTC Funeral Rule
The Federal Trade Commission's Funeral Rule (16 C.F.R. Part 453) sets the baseline consumer protections that apply to every funeral home in the country. It's worth understanding both what it actually requires, and what it doesn't. Funeral planning is stressful enough without guessing at your own rights.
What is the FTC Funeral Rule?
The FTC Funeral Rule (16 C.F.R. Part 453) is a federal regulation enforced by the Federal Trade Commission. It applies to every funeral home in the United States and sets baseline consumer protections around pricing disclosure and your right to choose only the goods and services you want.
Do funeral homes have to give me prices over the phone?
Yes. If you ask for price information over the phone, a funeral home must give it to you accurately. You do not have to visit in person first.
Do funeral homes have to give me a written price list?
Yes. If you visit in person and ask (or in some cases, automatically), a funeral home must give you a General Price List (GPL) itemizing the prices of individual goods and services, which you can keep.
Am I required to buy a package instead of individual items?
No. You have the right to select only the specific goods and services you want and be charged only for those, rather than being required to purchase a predetermined package.
Is embalming required by law?
In nearly all circumstances, no. A funeral home must disclose that embalming is not required by law, except in certain special cases (for example, some interstate shipping situations). Options like direct cremation or immediate burial typically don't require embalming at all.
Can I buy a casket somewhere other than the funeral home?
Yes. You have the right to buy a casket (or urn) from a third-party seller and bring it to the funeral home. The funeral home cannot refuse to use it, and cannot charge you a handling fee or add any other charge for using an outside casket.
Are funeral homes required to post prices online?
Not currently, under federal law. Online price posting is not required by the FTC Funeral Rule as of this writing, though it has been an actively discussed potential rule change, and some states (California, for example) require it under state law. A funeral home not posting prices online is not violating federal law, even though it makes comparison harder for families.
What are cash-advance items?
These are items the funeral home pays to a third party on your behalf: for example, cemetery fees, obituary notices, flowers, or an officiant's honorarium. If the funeral home charges you more than what it actually paid for these, it must disclose that markup to you.
What should I do if a funeral home won't answer my pricing questions?
That is a real red flag worth acting on. You can ask again in writing (email creates a record), consider calling a different funeral home, or file a complaint with the FTC at reportfraud.ftc.gov. See our full list of questions worth asking at /guides/questions-to-ask.
What this rule does not do
It's worth being precise about the limits of this protection, since overstating it doesn't help anyone. The FTC Funeral Rule does not cap prices, does not require online price posting, and does not certify that any particular funeral home is "compliant" or "in violation" based on a quick check of their website. Compliance is a legal determination made through FTC enforcement, not something a third party can declare. What it does guarantee is your right to ask questions, get honest answers, and pay only for what you choose.
If you think your rights were violated
You can file a complaint with the FTC at reportfraud.ftc.gov, or contact your state's consumer protection office or funeral board. Most states license and separately regulate funeral homes on top of the federal rule.
Next: Questions to ask a funeral home · Paying for a funeral · The first 24 hours
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