Regulatory Review of the Trade Regulation Rule on Funeral Industry Practices

The Federal Trade Commission (the "Commission" or the "FTC") has completed its regulatory review of the Trade Regulation Rule on Funeral Industry Practices ("the Funeral Rule" or "the Rule"). The Rule sets forth preventive requirements in the form of price and information disclosures to ensure funeral providers avoid engaging in acts or practices the Commission has identified as unfair or deceptive acts or practices. Pursuant to the review, the Commission concludes that the Rule in its current form continues to be valuable to consumers, and the benefits of the Rule outweigh the costs. Because of insufficient support in the record, the Commission declines to propose amendments that some commenters advocated, namely to: expand the scope of the Rule; eliminate the basic services fee of the funeral director; allow funeral providers to charge casket handling fees; prohibit discount funeral packages; require additional price and information disclosures on the various disclosure documents; and adopt additional regulations focused on contracts for funeral arrangements made on a pre-need basis. However, to further the Commission's understanding of this evolving industry, the Commission will continue to accept written comment and data, as described below.