The FTC Funeral Rule: how to avoid paying for things you didn't choose
Funeral arrangements are often made quickly and under stress, which makes it easy to overpay. The FTC's Funeral Rule gives families specific rights to price information and to choosing only the items they want.
- Funeral providers must give accurate, itemized price information, including prices for embalming, transportation, use of facilities, caskets, outer burial containers, immediate burial and direct cremation.
- If you ask by phone, they must give accurate price information from their price lists.
- They can't say embalming is legally required when it isn't, and their price list must say embalming is not required by law except in certain special cases.
- They can't require a casket for direct cremation and must offer an alternative container if they arrange direct cremations.
Prices up front
Under 16 CFR 453.2, price disclosures, it is unfair or deceptive for a funeral provider to fail to give "accurate price information disclosing the cost to the purchaser for each of the specific funeral goods and funeral services," including at least embalming, transportation of remains, use of facilities, caskets, outer burial containers, immediate burials and direct cremations.
- By phone: providers must answer price questions with accurate information from their price lists.
- Casket price list: must be offered when discussion of caskets begins and before caskets are shown.
- Outer burial container price list: must be offered before showing containers.
Embalming isn't always required
Under 16 CFR 453.3, misrepresentations, providers can't say state or local law requires embalming when it doesn't. They can't say embalming is required for direct cremation, immediate burial, or a closed-casket funeral without viewing when refrigeration is available and local law doesn't require it. The general price list must state: "Except in certain special cases, embalming is not required by law."
Cremation doesn't require a casket
Providers can't claim a casket is required for direct cremation. If they arrange direct cremations, they must make an alternative container available. The disclosure says these containers "can be made of materials like fiberboard or composition materials."
Pick only what you want
Under 16 CFR 453.4, required purchases, a provider can't condition one good or service on buying another, except as required by law or permitted by the rule. The general price list must tell you, "You may choose only the items you desire." The provider may charge a basic services fee for the funeral director and staff, and anything else required by law or a cemetery or crematory must be explained in writing on your statement.
Practical steps
- Call two or three providers and ask for prices by phone.
- Ask for the general price list before discussing arrangements.
- Compare the casket price list to other sources.
- Read the itemized statement before signing and question anything you didn't select.
General consumer information, not legal advice. State laws on funerals, embalming and cemeteries vary.
Published November 9, 2026. We do not use affiliate links on this page; see our Affiliate Disclosure.