Funeral Consumers Alliance

 
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FTC to Funeral Homes: No You May Not. . .

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4/20/2010— Twenty-six years after the Funeral Rule became effective, and 16 years after the Federal Trade Commission barred funeral homes from slapping a "handling fee" on caskets consumers who buy from third-party retailers, those retailers are still running into problems. Because some funeral homes never learn, FTC staff have to continually churn out advisory opinion letters laying down the law.

The latest request for an opinion comes from Universal Casket Company, the manufacturer that supplies Costco with discount caskets for members. Though we haven't seen Universal Casket's original letter, it's easy to see what kind of pushback from funeral homes Universal and Costco are up against, once you read the FTC's advisory opinion. The FTC says funeral homes may not:*

  • Refuse to accept a third-party casket if it's delivered in more than or fewer than any certain number of days before the funeral
  • Require third-party caskets to be delivered by appointment only during normal business hours
  • Refuse to accept a third-party casket at a specified time, during normal business hours, unless funeral home staff are occupied with a funeral at that time
  • Refuse to allow a third-party casket retailer to use the funeral home's ordinary, standard equipment (such as rolling carts) to bring the casket into the funeral home
* The FTC opinion letter says, basically, that funeral homes have to treat third-party casket deliveries the same way they treat deliveries from the casket companies funeral homes ordinarily order from. Some funeral homes want to make it hard for third-party retailers to deliver, since the funeral home isn't making any profit from a casket that the family buys outside the funeral home. So, for example, if a funeral home allows Batesville Casket to show up with a delivery any time during normal business hours, the funeral home has to allow a third-party casket seller (selected by the customer) the same latitude.
Last Updated ( Friday, 16 July 2010 17:37 )  
Comments (4)
1 Wednesday, 21 April 2010 15:54
jane hillhouse
I'm glad to have the FTC opinion verbatum, not that it changes the sneeky ways that FHs get round that law. Just trying to think of one but I'm failing. Coincidentally, they are getting a bashing on the Huffington Post blog where we have a story posted about our upcoming natural burial expo this weekend. One of our organizers happens to be a young FH director and I guess this prompted some unpleasant responses, which were tackled by the writer of our post!
2 Saturday, 15 May 2010 19:28
Tom Smith
Your review of the FTC opinion is correct. However, your biased article is deficient in information. If a family buys a third party casket and has it delivered, say, two weeks before the death occurs (keyword is "occurs") the funeral home has every right to bill the family for storage space. No obligation falls to the funeral home until death occurs. Also, the funeral home is under no obligation to assist the delivery agent with unloading the casket from the truck, if all other casket suppliers to that funeral home unload their own deliveries. FedEx is a large perpetrator of this practice. FedEx will unload a casket, from a special truck, and dispose of the large amount of packing material if the buyer pays an extra fee ranging from $200 to $350.00. I agree that a family has the right to buy a third party casket but, don't saddle the funeral home with huge amounts of plastic and cardboard to dispose of; which the funeraql home has to pay for!
3 Monday, 17 May 2010 14:43
Josh Slocum, Exec. Director, FCA
Tom -
What is "biased" about the post? You say that my analysis is correct, but then you accuse me of "bias." I don't think that word means what you think it means.

You say the funeral home has the right to charge a family for casket storage if it comes a few weeks before the funeral. Well, that's not what the FTC letter states (that's not my "bias," it's a fact that you can read for yourself in the FTC letter). Now, it might surprise you to know that I agree with you that there may be some situations in which a charge for long-term storage would be acceptable. But that's not what the FTC says.

The rest of your post is merely repeating what the FTC letter said - so what's your quibble with what I wrote?
4 Saturday, 19 June 2010 21:26
Ed Rogers
Wer had an article printed in the Seattle that gave this web sit to review for information. They suggested that according tp ideas from many financial planners they fell you should not prey pay.

I don't see anything here that addresses that. Is there some place to get more opinions on the subject?

Thank you

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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.