Advisory Opinions

FTC staff issue advisory opinions to help clarify FTC rules and decisions, often in response to requests from businesses and industry groups. To find a specific opinion, use the filters on this page.

Funeral Rule

The Division of Marketing Practices periodically issues informal staff advisory opinions in response to requests for interpretation of the Funeral Rule. Staff opinions are issued, pursuant to Rules 1.1-1.4 of the Commission’s Rules of Practice, 16 C.F.R. §§ 1.1-1.4, in response to questions of general public interest.

Opinion 07-4

Discusses whether funeral providers may charge fees for storing third-party caskets or for disposing of the containers in which they are shipped; and whether funeral providers may use two separate Statements of Funeral Goods and Services -- one for its own charges and one for third-party cash...

Opinion 07-1

Discusses under what circumstances a funeral provider may need a contract with a cemetery provider to provide either a good faith estimate of the cemetery costs or the actual costs.

Opinion 07-2

Discusses whether funeral providers may routinely charge a fee for the refrigeration of bodies that is separate from the non-declinable basic services fee, and whether funeral providers may charge a fee, separate from the non-declinable basic services fee, for the use of an automobile to obtain...

Opinion 07-3

Reiterates the long-standing policy that funeral providers may not require consumers to inspect and accept third-party merchandise.

Opinion 04-3

Discusses what funeral goods and services must be separately itemized on the General Price List; under what circumstances items may be listed as "no charge"; whether funeral providers may use separate General Price Lists for funerals for children; whether the cost of cremation must be included in...

Opinion 97-6

Discusses whether a fee may be charged for required identification viewing, and the applicability of the Funeral Rule to mandatory identification viewing.

Opinion 97-3

Discusses whether alternative General Price Lists can be used for certain groups; whether funeral providers may charge translator fees; and whether the General Price List must be in English.

Opinion 97-4

Discusses Funeral Rule's requirements for itemization of charges, disclosure of service charges, and whether a private right of action exists under the Rule.

Opinion 97-2

Advises that the funeral rule does not permit a funeral provider to require a family’spresence for delivery of a casket purchased from a third-party casket seller.

Opinion 97-1

Opines that funeral provider’s refusal to accept delivery of a casket purchased from a third-party casket seller would violate the funeral rule.

Opinion 95-2

States staff view that discount packages may not discount the basic services fee, that fees for washing and disinfection may not be charged unless required by applicable law, and discusses how fees for off-site and on-site viewing should be described.

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