I hope everyone is doing well. We have been extremely busy since the beginning of the year, and there are no signs of a let-up.
Just a quick update for everyone. We are preparing for the D.C. fly-in in March, and it seems the usual issues are on the table. The Environmental Protection Agency’s review of formaldehyde under the Toxic Substance Control Act is still under review. Also in the works is the Consensual Donation & Research Integrity Act (S. 2191/H.R. 4275), a bill that would protect the dignity of those who donate their bodies for research or education and create standards for oversight, including registration, inspection, a chain of custody, labeling and packaging, and proper disposition.
The FTC is still reviewing the Funeral Rule, and we are expecting some changes to that, which leads us to the big story of the FTC phone call sting. I believe the Bureau of Consumer Protection’s Division of Marketing Practices placed undercover calls to more than 250 funeral homes from across the country to try to obtain price information. From this investigation, FTC staff determined that 39 of the more than 250 funeral homes violated the Funeral Rule on these calls.
As we all know, the Funeral Rule requires that funeral providers tell persons who inquire by telephone accurate information about their offerings or prices from their price lists and any other readily available information that reasonably answers their questions. Funeral providers may ask callers to identify themselves, but they cannot require callers to give their names, addresses, or phone numbers and must provide them with the required information, regardless.
Per NFDA, the FTC also advises that funeral providers should not highlight only package prices and must include itemized and minimal services. Sending them price information via other means doesn’t meet the obligation under the Funeral Rule. Further, it is a violation of the Rule to misrepresent state or local laws or make other deceptive statements, such as falsely claiming that the law requires embalming when that isn’t the case. The Funeral Rule prohibits misrepresentations about state or local laws or regulations at any time.
Keep all of this in mind. Thank you to all of you and all you do for your families and your communities. God Bless, and hope to see you in D.C.
