Funeral Home Directory USA
Your Rights · 7 min read

The FTC Funeral Rule: Your Rights

What the federal Funeral Rule requires of funeral homes, the practices it bans, and what to do if a provider breaks it.

Updated October 5, 2026 · Reviewed by the Funeral Home Directory USA editors

The FTC Funeral Rule is a federal regulation that gives you the right to see itemized prices, buy only the funeral goods and services you want, and use a casket or urn bought somewhere else. It applies to funeral homes across the United States and has been in effect since 1984, under 16 CFR Part 453. Knowing these rights before you sit down with a funeral director makes it much easier to compare providers and avoid paying for things you did not choose.

The Federal Trade Commission enforces the Rule. Its official text is on the FTC Funeral Rule page, and the agency publishes a plain-language consumer guide, Shopping for Funeral Services.

Who the Funeral Rule covers

The Rule applies to "funeral providers," meaning businesses that sell or offer both funeral goods (such as caskets) and funeral services (such as embalming, transportation or arranging a ceremony) to the public. In practice, that includes most funeral homes, mortuaries and many cremation providers.

Some businesses fall outside it. A cemetery that sells only plots and vaults, or a store that sells only caskets, is generally not covered unless it also provides funeral services. State laws may still apply to those businesses, so it is worth checking with your state's funeral or cemetery board.

Your core rights under the Rule

1. Price information by phone

If you call a funeral home and ask about prices, the staff must give you price information over the phone. They cannot require you to come in, give your name or address, or say how you heard about them before answering. This is the simplest way to compare several providers in a short time.

2. A written General Price List

When you meet in person to discuss arrangements, goods or services, the funeral home must give you a written General Price List (GPL) at the start of the discussion. You are allowed to keep it. The GPL must show the price of each individual item and service the provider offers, including a list of specific items the Rule names.

3. Casket and outer burial container price lists

Before showing you caskets, the funeral home must show you a casket price list. Before showing you vaults or grave liners, it must show you an outer burial container price list. These may be separate documents or included in the GPL. The point is that you see prices before you see the merchandise.

4. Buy only what you want

You have the right to choose individual goods and services instead of a package. Funeral homes may offer packages, but they must also offer every item separately at itemized prices. The only fee you may be required to pay is the basic services fee of the funeral director and staff, which covers overhead and services common to all funerals, such as planning, securing permits and coordinating with the cemetery or crematory.

5. An itemized statement before you pay

At the end of the arrangement conference, the funeral home must give you an itemized statement of the goods and services you selected, with the price of each and the total. If any item is required by law, a cemetery or a crematory, the statement must say which law or rule requires it.

6. Use a casket or urn from elsewhere

You can buy a casket or urn online, from a retailer, or make one yourself. The funeral home must accept it and cannot charge a handling fee, refuse it, or require you to be present when it is delivered.

7. Alternative containers for direct cremation

If a funeral home offers direct cremation, it must tell you that an alternative container (an unfinished wood box, pressed wood or cardboard container) is available, and it must make one available. No state or federal law requires a casket for cremation. See direct cremation explained for more on how this works.

8. Embalming is not required by law in most cases

A funeral home may not tell you that embalming is required by law when it is not. Except in certain special cases, embalming is not required by law. The GPL must include a disclosure to that effect, and the funeral home generally cannot charge for embalming you did not approve. Some funeral homes require embalming for a public viewing as a policy, and you can choose a private family viewing or a closed casket instead. Our guide on embalming covers the alternatives.

Practices the Rule prohibits

Beyond giving you prices, the Rule forbids certain misrepresentations. A funeral provider may not:

  • Claim that embalming, a casket for cremation, or an outer burial container is required by law when it is not.
  • Claim that a particular casket, sealer gasket or vault will preserve the body indefinitely.
  • Require you to buy a casket or other item as a condition of buying a different service, except where the law requires it.
  • Charge a fee for handling a casket or urn you bought elsewhere.
  • Embalm for a fee without permission, except in limited circumstances spelled out in the Rule.
  • Fail to disclose on the itemized statement when a markup is added to a "cash advance" item they buy for you.

Cash advance items are goods and services the funeral home pays to third parties on your behalf, such as flowers, obituary notices, death certificates, clergy honoraria or musicians. If the funeral home adds a service charge or receives a rebate on them, it must tell you.

What the Rule does not do

The Funeral Rule protects your right to information and choice. It does not:

  • Set or cap prices. Funeral homes set their own prices, which is why comparing GPLs matters.
  • Require funeral homes to post prices online. You can still ask by phone or email.
  • Govern cemeteries, monument dealers or third-party sellers that do not offer funeral services.
  • Replace state law. States have their own licensing rules, preneed contract rules and consumer protections.

A short checklist before the arrangement meeting

  1. Call two or three funeral homes and ask for prices on the specific arrangement you want, such as direct cremation or a traditional funeral with burial.
  2. Ask each to email or hand you its General Price List.
  3. In the meeting, ask for the casket price list before viewing caskets.
  4. Decline any items you do not want. Ask which charges are truly required.
  5. Read the itemized statement carefully before signing. Check that anything listed as required cites the law or rule behind it.
  6. Ask how cash advance items are billed.

You can find funeral homes to compare in the state directory or by searching near me. Our guide on how to choose a funeral home has more questions to ask.

What to do if a funeral home breaks the Rule

If you think a provider has not followed the Funeral Rule:

  • Raise it with the funeral director first. Many issues come from misunderstandings and can be corrected before you sign.
  • Contact your state. Most states have a funeral board or licensing agency for funeral directors, and the state attorney general's office handles consumer complaints.
  • Report it to the FTC at ReportFraud.ftc.gov. The FTC does not resolve individual disputes, but complaints help it identify patterns and bring enforcement actions.

Keep copies of the GPL, the itemized statement and any written communication. These documents are your best evidence.

Frequently asked questions

Does the FTC Funeral Rule apply to online cremation companies?

It applies to any business that sells both funeral goods and funeral services to the public, which includes many cremation providers that take arrangements online or by phone. If a company arranges the cremation and sells the container or urn, it is likely covered.

Can a funeral home refuse to use a casket I bought online?

No. Under the Funeral Rule, a funeral home must accept a casket or urn you bought elsewhere and cannot charge a handling fee for it. It also cannot require you to be there when the casket is delivered.

Is there any fee I cannot decline?

Yes. The basic services fee of the funeral director and staff may be charged to everyone and does not have to be itemized. Every other item on the General Price List should be optional unless a law, cemetery or crematory requires it, and the itemized statement must explain that requirement.

Do funeral homes have to give prices over the phone?

Yes. If you ask about terms, conditions or prices by phone, the funeral home must give you accurate information from its price lists. It cannot require you to visit in person first.

Does the Funeral Rule cover cemeteries?

Generally not, unless the cemetery also sells funeral services. Cemetery plots, opening and closing fees and vault requirements are usually governed by state law and the cemetery's own rules, so ask the cemetery for its written price list.