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Funeral Planning New Rules & Regulations 2021
The Ultimate State-By-State Guide & Your Rights with The Funeral Home and How to Abide by Them
Introduction: We are fans of all funeral home directors!
Nearly all of the funeral home directors we are referred to are knowledgeable, experienced, and very professional. They go above and beyond for their clients. We just can’t get enough of funeral directors, and we love our clients. However, like any industry, there are bad players, who unfortunately take advantage of their clients and their families and make a profit during an emotional time. At Discount Caskets, our #1 mission is to help educate our clients on the state-by-state rules and regulations, their rights as a customer and to fight for our clients if they are pressured or wronged in any way and get rid of any misbehavior in the industry.
Below is a helpful guide to your funeral rights and laws. If you feel your funeral director is breaking any of the following rules, please reach out to us right away: we will help you immediately, and you can also make complaints to Federal, State, Local government agencies on your behalf.
What is “The Funeral Law”
Federal Law covering Funeral Directors is also known as “The Funeral Law” gives you the right to: - Buy ONLY the funeral products or services you need/want - Buy separate goods online such as caskets and provide the funeral homes with caskets purchased anywhere you want with no extra charges added by them. - Not have to accepted anything you do not want. - Not be lied to, or have Federal and State laws and requirements misrepresented to you in any way.
What Does “The Funeral Law” Mean For you?
- Buying a casket on any website and arranging delivery to your funeral home of choice is 100% legal in all 50 states.
- Funeral providers cannot refuse to use a casket or coffin that you purchase on your website of choice or put unreasonable or onerous restrictions on when it must be delivered or who must receive the delivery.
- You cannot be charged any additional fees if you supply your own casket – Federal laws prohibits funeral directors from charging “casket – handling” or other types of fees associated with purchasing your casket on the internet.
- You cannot be required to purchase any goods or services that you do not want. Funeral homes are allowed to charge one non-declinable “basic” fee, but only one, and this should be for basic or required goods or services.
- The funeral home may not lie about or misrepresent funeral or cemetery laws, rules or regulations. If you are told something is required by law, ask for a copy of law so you can see it for yourself.
- Other kinds of misrepresentations such as to the quality of caskets or coffins bough online, or the likelihood of damages in transit, are also 100% illegal. Customer protection laws in most states also prohibit such deceptive practices. State licensing Boards in all 50 states have the right to (and do) discipline Funeral Home Directors for dishonesty and lying to their customers, and Federal law also prohibits and punishes those who break the law.
Q1: Do I have to buy a casket from the funeral home?
A1: No, you don’t have to. Federal law requires funeral homes to accept caskets for sale that consumers have purchased from their shop of choice or the web like our company at Discount Caskets.
Q2: Are funeral directors allowed to put conditions and restrictions on accepting a casket that was ordered from a third-party source such as Discount Caskets, such as delivery timing restrictions (when the casket must be delivered) and who has to accept the casket and sign for the delivery of the order?
A2: NO. Federal law requires that deliveries of your goods are treated equitably to all other deliveries, including that the funeral home buys for themselves.
Q3: Are funeral homes allowed to charge for handling fees and other miscellaneous fees for you using a casket that wasn’t purchased from them?
A3: NO. This is 100% illegal in all 50 states. It is illegal for funeral establishments to charge you any fees if you purchase your coffin elsewhere, including ordering from our company at Discount Caskets.
Q4: Can funeral homes, cemeteries, of crematories, reject a casket not purchased from them due to particular size or materials specifications or restrictions?
A4: NO. Third-party caskets must meet the cemetery’s or crematory’s standards and must take into consideration the size of the person’s body, but all Discount Caskets conform to statutory size and materials rule and regulations to all 50 states, as well as all the recommendations of all state and funeral, cemetery, and crematory industry organizations. A standard Discount Casket is about 80 inches long and 24 inches wide and can generally fit a person up to 6’10 and 350 pounds but confirm dimensions with your funeral director. Extra large caskets are also available for larger adults, as well as smaller caskets for children and small pets.
Section 2: How to find a complaint against the funeral director
Q: How to file a complaint against the funeral director?
- You can file a complaint very easy and all you need to do is file a complaint directly with your state’s funeral board or agency or you can let us handle that for you. Here at Discount Caskets, we are all about helping our customers in any way we can.
- All states, except the state of Colorado and Hawaii, have a funeral or agency that handles all the funeral directors. About half of the states have some sort of cemetery regulation. In general, complaints should be addressed to the regulatory board when you want to find a complaint. In addition, if there’s a possibility of criminal action, it would be a good idea for you to file a complaint with your local Attorney General’s Office and the Department of Consumer Affairs.
- Normally, a funeral board of the state has a number of options available for you. It can order the funeral director to give you a refund or reduction of the total bill, it can impose a fine, it can order an apology, or required additional education. I might also give them a warning, place the offender on probation or it can even revoke their license.
- Taking a funeral director’s license is rarely done, however, and then only for the most outrageous behaviors such as embezzling and stealing from their customers. Furthermore, once the complaint has been filed against the funeral home director, you may never be informed of the outcome of the complaint. Usually, these types of hearings are done in a private and away from customers. That doesn’t mean you shouldn’t file but just keep that in mind.
- As well as cc’ing the FTC, make sure you send a copy of your complaint to the person or company you are complaining about.
Q: How do I prepare for my funeral home visit?
- Before you visit, have a draft ready with all your preferences for the services you want.
- Ask for a general price list of all the items you want to buy. Do not mention that you plan to purchase your casket, coffin, or other items from the internet.
- Select the list of good and services of your choice. You are the client and in charge of the entire process. Remember that!
- Do not leave without a statement of Funeral Good and Services, outlining your funeral plan.
- Contact Discount Caskets right away and let us provide you with the best caskets for your funeral.
More details and advice on your upcoming visit to the funeral home:
- Discount Caskets recommends that you visit your funeral provider with some knowledge about your preferences and services for the burial. This will allow you to focus on the services and things you really need.
General Price List:
- Before talking or agreeing to any specific arrangements, ask your provider for a general price list. This general price list should outlined all the good and services they offer to their clients and give you an idea of their prices and services. The Funeral Rule requires that funeral providers offer a general price list prior to any discussion of funeral arrangements or pricing.
- If You are interested in supplying your own casket or coffin, we recommend that you have a general price list in hand before discussing it with your funeral provider.
Statement of funeral goods and services:
- At the end of the discussion of the funeral arrangements, the funeral provider must give the customer a complete Statement of Funeral Goods and services. This is an itemized list of all the goods and services that the customer has selected. The statement allows consumers to carefully evaluate their selection and make any changes if needed.
- Do you have any more questions regarding the funeral laws or anything to do with funeral services? Discount Caskets is here to assist you with anything you need.
