Cameron Nakashima, BBB Media Engagement & Digital Campaigns Manager joins producer/host Coralie Chun Matayoshi to discuss what kinds of services mortuaries offer, how to choose one that is legitimate and trustworthy, rights provided under the FTC “Funeral Rule,” red flags to look out for, what to expect on pricing, and ways to cut costs.
Q. When a loved one has passed, it’s such a difficult time because you are not only grieving, but so many things need to be done to put your loved one to rest. What is the first thing you should do?
Check your loved one’s will or other documents that indicate their wishes, including how they want to be buried or cremated and if they had a pre-paid arrangement. Next, figure out who is going to handle the arrangements:
Logistical services
- Preparing the deceased – this may include embalming, washing, dressing, casketing, hairdressing, and cosmetology.
- Legal document - this may include obtaining death certificates.
- Transportation - this may include transporting the deceased to and from the crematory and transporting mourners to the final resting place.
Planning services
- Arrangements - this may include arranging for the removal of the body, and ensuring the burial or cremation site is prepared.
- Guidance - a funeral director can guide families through the planning process.
Memorial services
- Facilities - mortuaries provide the physical space for the visitation and funeral service.
- Products - mortuaries may offer memorial products such as urns, caskets, and prayer cards.
- Other services - this may include arranging flowers, framed photos, and other memorial pieces.
Q. Mortuaries handle a lot – and we put a lot of trust in them. How can we make sure we are choosing one that is legitimate and trustworthy?
- Licensing - mortuaries need to be licensed to operate in the State of Hawaii.
- Reputation – get referrals from friends and family, check online reviews, and look for a business committed to trustworthiness and ethics. You can tell by their BBB letter grade and accreditation status.
- Test the waters - call or meet them in person, get more information from them and a price list which they are required by law to provide.
Q. Federal Trade Commission regulations called The Funeral Rule require businesses to comply with a number of provisions. What are they?
- Provide a general price list of all goods and services at the start of any in-person discussion for funeral arrangements. Prices for caskets and outer burial containers must be given before the consumer looks at any caskets or vaults.
- Must give accurate information to anyone inquiring over the phone, but a general price list is not required to be sent following a phone or mail inquiry.
- Cannot require a client to buy a “package” of goods and services that includes anything the client does not want to purchase.
- Cannot say the law requires the client to purchase an item or service, if it isn’t true.
- Cannot refuse to handle a casket or urn bought elsewhere and cannot charge a handling fee in such circumstances.
- Cannot charge for embalming without the client’s authorization, unless required by state law.
Q. When looking for a mortuary or funeral home, what are some red flags to look out for?
As a preface to this answer, know that you have an increased likelihood of being targeted by scammers and taken advantage of by unethical individuals. Fraudsters know you are going to be emotionally tapped out and mentally overwhelmed for a period as you are racing to get arrangements in place for your recently deceased loved one. For that reason, it is a good idea to surround yourself with the right people who can help you, support you emotionally, and advise you legally.
- Pushy Decision-Making - be cautious if the funeral home pressures you into making quick decisions. A reputable funeral home should give you ample time to consider your options and make informed choices.
- Lack of Transparency - if the funeral home is not transparent about their pricing, practices, or the range of services offered, it may indicate dishonest behavior. Ensure they provide clear and itemized breakdowns of costs.
- Upselling Unnecessary Services - be wary if the funeral home tries to sell you services or products that you do not need or want, such as a protective casket for cremation. A trustworthy funeral home will respect your choices and not push unnecessary expenses.
- Absent Funeral Director - if the funeral home does not have a certified and licensed funeral director on-site, or if most of the work is conducted by less-trained staff, it may be a sign to look elsewhere
- Unusual Payment Methods - know how scammers tell you to pay. Scammers want to get your money immediately, and in a way that makes it hard to track them down and hard for you to get your money back. Never pay someone who insists you pay with a wire transfer, cryptocurrency or gift card. And never deposit a check or send money back to someone.
- Vague or Nonexistent Pricing - funeral homes are required to provide a General Price List (GPL) upon request. If they are vague about pricing or refuse to provide documentation, this is a significant red flag.
Q. What pricing should you expect when shopping for funeral services?
According to a 2021 price survey by the National Funeral Directors Association (NFDA), the median cost of a funeral with viewing and burial is $7,848, while a traditional adult funeral with cremation and burial is $6,971 (so if they are offering you the $25,000 super-casket velvet lined platinum hinged – aerospace grade aluminum… that is a red flag that they don’t have your best interest in mind). Unethical funeral directors seek to collect many thousands more by overcharging for items or tricking you into buying packages with extra features you don’t want or need. Even though the FTC’s Funeral Rule requires funeral homes to disclose the cost of every item and service they provide, pricing information can be hard to come by. A 2022 study by the Funeral Consumers Alliance (FCA) and the Consumer Federation of America (CFA) surveyed 1,046 funeral homes in 35 state capitals and found that only 18 percent posted their complete price list online (hardly up from 16 percent in 2017). The FTC is considering updating the rule to require that the prices be posted online. The FCA has noted that having to visit funeral homes in person to pick up their pricing lists is impractical and makes it difficult for consumers to make informed decisions.
Q. What are some ways that you can cut costs of a funeral and what ways are not allowed?
Hawaii does not require you to involve a licensed funeral director in making or carrying out final arrangements. This DIY method could be the cheapest but is by far the hardest and will likely require that you seek legal and professional assistance to make sure you take care of everything correctly. If you need help, there are people available to coach you through the process. You can find local guides, consultants, and other resources by visiting the National Home Funeral Alliance website at https://www.homefuneralalliance.org/. As stated earlier, funeral homes cannot require you to purchase a package, but they can present it as an option. Most of the time, funeral packages will include items you don’t need. Going back to the price list, get a breakdown of what all is included in each package and, if you are on a tight budget, consider doing a customized approach so you only pay for the things you need. Certain cemeteries will cost more than others and the location of the plot within the cemetery may impact the cost too, with hillside plots typically costing more. In Hawaii, if a body is not cremated or buried within 30 hours after death, it must be embalmed but there are a few exceptions (Hawaii Administrative Rule Section 11-22-4).
Caskets are an area where you can save some money. A casket is often the single greatest expense incurred after a death. The average cost of a casket is more than $2,000, and the price can run into the $10,000-$20,000 range for more elaborate designs and expensive materials. You do not need to buy your casket from the funeral home. Although funeral homes may sometimes be very pushy about getting you to buy caskets from them, federal law requires funeral homes to accept caskets that consumers have purchased from another source, such as an online retailer. You may also build your own casket, if you prefer. Whether due to the cost or for other reasons, some people prefer to forgo a casket altogether:
- Burial - no law requires a casket for burial. However, you should check with the cemetery; it may have rules requiring a certain type of container. Additionally, if the body is being transported by a common carrier, it must be placed in a casket (Hawaii Administrative Rule Section 11-22-6).
- Cremation - no law requires a casket for cremation. On the contrary, federal law requires a funeral home or crematory to inform you that you may use an alternative container, and to make such containers available to you. An alternative container may be made of unfinished wood, pressed wood, fiberboard, or cardboard.
To learn more about this subject, tune into this video podcast.
Disclaimer: this material is intended for informational purposes only and does not constitute legal advice. The law varies by jurisdiction and is constantly changing. For legal advice, you should consult a lawyer that can apply the appropriate law to the facts in your case.