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The Funeral Rule and headstones

The Federal Trade Commission's Funeral Rule (16 CFR Part 453) gives people buying funeral goods and services from a funeral home the right to itemized prices and honest answers. When it comes to headstones, the first thing to know is where the Rule stops.

“The Funeral Rule, enforced by the Federal Trade Commission (FTC), makes it possible for you to choose only those goods and services you want or need and to pay only for those you select, whether you are making arrangements when a death occurs or in advance.”

Who the Rule covers, and the FTC's shorthand

“(The Rule does not apply to third-party sellers, such as casket and monument dealers, or to cemeteries that lack an on-site funeral home.)”

“The FTC's Funeral Rule does not cover cemeteries and mausoleums unless they sell both funeral goods and funeral services.”

The regulation's test is what a business sells, not what kind of business it is: a funeral provider is anyone who sells or offers to sell both funeral goods and funeral services to the public. The FTC's consumer article puts this in shorthand, naming monument dealers and cemeteries without an on-site funeral home as typical businesses outside the Rule. A monument company or cemetery that sells only markers, plots or cemetery services is generally outside it; one that also sells funeral goods and funeral services is covered, as the FTC's business guide says. Either way, questions about prices and terms are yours to ask; see questions to ask a cemetery.

Who it does cover

“A "funeral provider" is any person, partnership or corporation that sells or offers to sell funeral goods and funeral services to the public.”

“"Funeral goods" are the goods which are sold or offered for sale directly to the public for use in connection with funeral services.”

“Cemeteries, crematories, and other businesses can also be "funeral providers" if they market both funeral goods and services.”

When a funeral home says the cemetery requires something

A funeral home can't invent a cemetery requirement, and if it says one exists, it has to put it in writing.

“In selling or offering to sell funeral goods or funeral services to the public, it is a deceptive act or practice for funeral providers to represent that federal, state, or local laws, or particular cemeteries or crematories, require the purchase of any funeral goods or funeral services when such is not the case.”

“funeral providers must identify and briefly describe in writing on the statement of funeral goods and services selected (required by § 453.2(b)(5)) any legal, cemetery, or crematory requirement which the funeral provider represents to persons as compelling the purchase of funeral goods or funeral services for the funeral which that person is arranging.”

“Get an explanation in the written statement from the funeral home that describes any legal cemetery or crematory requirement that requires you to buy any funeral goods or services.”

“"Charges are only for those items that you selected or that are required. If we are required by law or by a cemetery or crematory to use any items, we will explain the reasons in writing below."”

“You may not tell consumers that a particular cemetery requires an outer burial container, if that is not true. You may want to keep updated rules of local cemeteries to make sure that your information is accurate.”

Buying only what you choose

“In selling or offering to sell funeral goods or funeral services, it is an unfair or deceptive act or practice for a funeral provider to: (i) Condition the furnishing of any funeral good or funeral service to a person arranging a funeral upon the purchase of any other funeral good or funeral service, except as required by law or as otherwise permitted by this part;”

If the funeral home buys the marker for you

When a funeral home orders something from another business on your behalf, the Rule treats it as a cash advance item, and the funeral home has to say if it adds a charge.

“A cash advance item is also any item obtained from a third party and paid for by the funeral provider on the purchaser's behalf.”

“"We charge you for our services in obtaining: (specify cash advance items)," if the funeral provider makes a charge upon, or receives and retains a rebate, commission or trade or volume discount upon a cash advance item.”

Vaults and grave liners

Not a headstone, but often on the same cemetery bill.

“Outer burial containers are not required by state law anywhere in the U.S., but many cemeteries require them to prevent the grave from caving in.”

“"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."”

Getting prices

“Funeral directors must give you price information on the telephone if you ask for it. You don't have to give them your name, address, or telephone number first.”

The FTC's own pricing checklist gives the marker its own line, under cemetery costs:

“Marker/monument (including setup)”

“a copy of each statement of funeral goods and services selected, as required by § 453.2(b)(5), for at least one year from the date of the arrangements conference.”

For Veterans' families

“There are no charges for opening or closing the grave, for a vault or liner, or for setting the marker in a national cemetery.”

“You may see ads for so-called "veterans' specials" by commercial cemeteries. These cemeteries sometimes offer a free plot for the veteran, but charge exorbitant rates for an adjoining plot for the spouse, as well as high fees for opening and closing each grave.”

For the VA benefit itself, see VA headstones and markers.

Sources

The regulation is quoted from the live eCFR. The FTC's consumer and business pages are quoted from Internet Archive copies, because ftc.gov answered our automated requests with an error page; each link goes to the dated copy.