The Board licenses funeral establishments, funeral directors and embalmers, investigates consumer/provider complaints and sets standards of proficiency for the practice of embalming and funeral directing. It also registers death certificates and provides permits for transporting a deceased person outside of New York City.
Casket price list: a written document that gives the prices (or range of prices) for caskets and alternative containers regularly offered by the funeral home. You must receive this before you discuss or view a casket.
Licensing
Some funeral homes enter into arrangements with religious societies or burial societies to arrange funerals on a package basis at special prices for society members. These arrangements are still subject to the requirements of the Funeral Rule. If a member of the society inquires in-person about funeral arrangements, the funeral provider must provide that individual with a General Price List (GPL).
The GPL must include an itemized fee list and other disclosures. It must be offered to a customer during an arrangement conference — either in-person or by telephone.
If you have questions about a complaint against a funeral home, cemetery or crematory licensee, call your state’s licensing or regulatory board. Many funeral boards have a consumer representative on their board who investigates complaints. Others assign them to investigators from another department within the government or work with an outside agency. Consumers can also file complaints with the Federal Trade Commission. The FTC accepts reports of deceptive funeral practices nationwide.
Regulations
The funeral industry is regulated by state and local laws that ensure consumer rights are protected. It also aims to ensure that funeral professionals and establishments follow established ethical standards. Consumers can file complaints against a funeral home and director for violations of these standards.
A funeral director must give consumers a general price list before beginning any discussion about prices. This list must contain the retail prices of all outer burial containers offered that do not require special ordering, and must be printed or typewritten.
Funeral providers may enter into agreements with groups or societies to offer goods and services at discounted rates. When a member of a group inquires in person about funeral arrangements, you must show that individual your general price list and an outer burial container pricing brochure.
A representative of the Board regularly inspects establishments between the hours of 9:00 a.m. and 4:30 p.m., Monday through Friday (except State government-mandated holidays). If the establishment is unavailable for inspection, the inspector must leave a notice with an alternative telephone number conspicuously posted at the establishment.
Consumer Rights
A funeral consumer has many rights in the wake of a loved one’s death. These include the right to obtain accurate information about the goods and services offered, and the right to choose only those you wish to purchase.
The Federal Trade Commission regulates the funeral industry with its Funeral Rule, which requires funeral homes to give consumers a General Price List during an in-person arrangements conference. It also requires the funeral home to give consumers an itemized Statement of Funeral Goods and Services Selected at that time.
If you offer outer burial container selections, your price book must include photographs of the containers and their prices. You must also provide a separate Outer Burial Container Price List if a consumer requests it.
You cannot make any representations that funeral goods or services will delay natural decomposition for a long term or indefinite period of time. For example, you cannot tell families that embalming will preserve the body for viewing.
Complaints
All states have a funeral board that regulates and investigates complaints about the licensing and professional conduct of funeral directors. If the problem is serious enough, it may also involve a cemetery or crematory.
The best way to get a complaint resolved is with the company directly, and it’s important to state your desired restitution clearly (for example, “A refund of charges”). Some funeral boards are conscientious and have a consumer representative on their board; this person can help resolve the matter.
Other consumer groups, such as the Funeral Consumers Alliance and NFDA’s Help Line, can sometimes mediate complaints between consumers and funeral homes. And the FTC has a database of consumer reports about funeral practices that it uses to bring cases against funeral homes and other businesses that use deceptive practices. In some instances, your complaint could even lead to criminal charges. The resulting penalties include fines and license revocations. Most importantly, however, your complaint may prevent other families from being hurt by the same actions you experienced.