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Congress Introduces Bill to Protect All Funeral Consumers: Bill Expands Rules to Cover Cemeteries

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Funeral Consumers Alliance (FCA) is pleased to support The Bereaved Consumer’s Bill of Rights Act of 2009, introduced as HR 3655 by Rep. Bobby Rush (D-IL). The bill sets national standards for the protection of funeral and cemetery consumers — a goal FCA’s federation of nonprofit consumer education groups has been striving for since the 1970s. The Act will direct the Federal Trade Commission to strengthen and expand the Funeral Rule, which currently applies only to funeral homes, but not cemeteries. The Bill requires the FTC to enact rules that will:
  • Compel cemeteries to give consumers accurate prices before the sale
  • Give cemetery consumers the right to buy only the goods and services they want; families will be able to buy markers, monuments, or grave vaults from less expensive retail vendors rather than being captive to the cemetery’s prices
  • Bar cemeteries from forcing families to buy entire packages of goods or services, if the family wants to choose item by item
  • Require cemeteries to disclose rules and regulations, and consumer rights, before the purchase
  • Require cemeteries to keep accurate records of all burials sold, and where remains are interred, and to make those records available to regulators
  • Bar cemeteries from lying about the law - claiming state laws “require” vaults to surround an in-ground casket, for example

Cremation-only businesses (those that aren't part of a funeral home) that serve the  public directly will also be subject to the price disclosures and consumer rights the Rule currently mandates for funeral homes.  The bill will also require retail monument dealers and casket-sellers to offer accurate price information to consumers and refrain from misrepresenting legal requirements.

“When a friend or relative dies, families are in shock, they’re confused about their options, and they’re vulnerable to misinformation and high-pressure sales pitches,” said FCA executive director Joshua Slocum. “The FTC Funeral Rule has helped correct some of these problems, but only when families are at the funeral home. Rep. Rush’s bill extends those protections through the whole funeral transaction.”

The Bereaved Consumer’s Protection Act grew out of a hearing before the House Subcommittee on Consumer Protection on July 27, after the discovery that 300 graves may have been dug up and resold at Chicago’s historic Burr Oak Cemetery. FCA executive director Joshua Slocum testified before lawmakers, urging them to take a broader look at an industry riddled with deceptive practices that take advantage of vulnerable families. While heart-wrenching scandals like Burr Oak grab headlines, he said, many ongoing abuses of funeral and cemetery consumers never make the news and get swept under the rug. FCA offered Congressional staff comments on what provisions the bill should include, and we’re very pleased with the final product.

About FCA: Funeral Consumers Alliance, Inc., is a nonprofit federation of nearly 100 local organizations that educate the public about sensible funeral planning and stand guard against exploitation of grieving consumers. Founded in 1963, the federation helped push for the successful enactment of the FTC Funeral Rule in 1982, the first national regulations to curb funeral industry abuses. For more information or interviews, contact executive director Joshua Slocum at 802-865-8300, by cell phone at 802-233-6326, or at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
Last Updated ( Friday, 15 January 2010 13:25 )  
Comments (7)
7 Wednesday, 06 January 2010 14:44
Josh Slocum, FCA Exec. Director
Gayle - please don't leave off-topic questions like yours on unrelated articles. This is an article about a federal bill, not a forum for personal questions about grave costs. If you'd like an answer to a specific, personal question, please email us through the "contact" link at the top of the site.
6 Wednesday, 06 January 2010 14:21
Gayle
My husband was cremated. I have decided I want to be buried in the same plot. How much should this cost?
5 Wednesday, 28 October 2009 19:41
Josh Slocum, FCA Executive Director
Hi Nikki,

The bill hasn't yet been debated in committee, so it's not yet ready for a vote. I'm not sure, but I suspect we might not see action until the early part of 2010. Thanks for your interest - we'll post updates as soon as we have them.
4 Wednesday, 28 October 2009 19:16
Nikki Kayser
Where is this bill in the legislative process? Did it get voted on in the house?

Thanks,'Nikki
3 Tuesday, 06 October 2009 11:20
Jeff Reed
This fee is the cost of doing business, as a cemetery we are responsible for the care of that loved one's grave forever. These dollars are not only for te care of the cemetery it pays for the overhead as well as the upkeep of buidlings, equipment, vehicles etc.

It does and is a lot of money to come up with on the day of the funeral however it is a one time cost. Take the $850 to $1250 and divide it out over forever and it is not a lot of money.

The next time you drive through a cemetery that is well maintained you are seeing these dollars at work
2 Thursday, 01 October 2009 16:52
Josh Slocum
The funeral director was right - they'll charge whatever they can get away with. But no, this bill isn't going to set caps on cemetery costs. As with most other industries, the government is not in the business of telling vendors how much they're allowed to charge.
1 Thursday, 01 October 2009 16:32
MICHAEL FARNELL
I asked a funeral director why cemetaries charge anywhere from $ 850.00-$1200 to open a grave? Her answer : " Because they can". Was this cost adressed in this Bill ?

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About FCA

The Funeral Consumers Alliance (FCA) is a Federation of Nonprofit Consumer Information Societies protecting a consumer's right to choose a meaningful, dignified, affordable funeral since 1963.