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 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.

Opinion 95-1

Discusses whether a group of funeral homes may use a consolidated General Price List and whether the Funeral Rule applies to pricing issues.

Opinion 94-2

Concludes that the basic services fee may not be discounted; that consumers may add additional items to direct cremation, immediate burial, and forwarding and receiving remains without necessarily paying the full basic services fee;  that the Rule requires disclosure of separate prices on the general price list for on-site and off-site visitation and funeral services, even if the price is the same; and that funeral providers may not charge a non-declinable washing and disinfection fee for handling un-embalmed remains.

Opinion 84-1

Opines that refusal to accept a funeral because the family has purchased a third-party casket, and refusal to accept delivery of a third-party casket would be funeral rule violations.