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Consumer Protection Regarding The Purchase Of Embalming And Cremation Services

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Recognizing the vulnerability of consumers who are forced to contact a funeral home after the death of a loved one, the U.
S.
Federal Trade Commission promulgated a set of laws which have come to be known as the "Funeral Rule".
Two common services provided by funeral homes, embalming and cremation, are specifically regulated by the Funeral Rule.
EMBALMING- In order to preserve the body of the deceased for viewing at a wake or funeral, the embalming process is utilized.
This involves injecting the body with various chemicals which are formulated to delay the natural process of decomposition.
The average cost of embalming, including the washing and dressing of the body, can range from $300.
00 to over $1,200.
00 depending on the size and condition of the deceased.
Absent special circumstances, routine embalming is not required by any State.
The Funeral Rule requires that a funeral provider cannot falsely claim that embalming is mandatory in all cases nor can a funeral home provide embalming services without permission.
The Funeral Rule states that the consumer must be given a written document which;
  • Discloses that embalming is not required by law except in special cases.
  • Verifies that the consumer has the right to choose a process, such as direct cremation or immediate burial, which does not require embalming.
  • Warns the consumer that if the funeral arrangements desired require extended viewing of the deceased, that embalming may be a necessity and thus a required purchase.
The FTC Funeral Rule also provides that a funeral home cannot charge consumers a fee for embalming that was not authorized by the customer unless it was required by State law due to special circumstances.
CREMATION- The Funeral Rule requires that on the written General Price list that funeral homes must provide to the customers, direct cremation be noted as an option if such a service is provided by the home.
It also must be disclosed that the consumer has the right to buy an unfinished wood box or another alternative container for a direct cremation and must make such containers available for purchase.
The funeral home cannot inform a customer that a state or local law requires a casket for direct cremation.
As with caskets, the Funeral Rule allows a consumer to purchase a cremation urn from any provider and a funeral home cannot refuse, or charge a fee to handle the urn.
The Federal Trade Commission initiated the Funeral Rule to protect the rights of the consumer and help consumers make informed decisions during a time of emotional turmoil and distress.
Source...
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