Posted June 14, 2011

In recent weeks, NFDA members have reported receiving price inquiries by phone from funeral concierge services, such as Everest Funeral Package. Companies like this obtain price information from funeral homes and sell it to consumers who use the information to compare funeral pricing information in their area.

As a reminder, even though these companies are not "consumers," funeral homes may not refuse to provide price information over the telephone. The FTC has advised that the telephone price disclosure requirements of the Funeral Rule require funeral providers to give the information to all persons – not just consumers.

If you receive a call from Everest, or anyone else, asking for pricing information, you have certain obligations under the Funeral Rule:

• Disclosing Prices Over the Phone: The Funeral Rule requires funeral directors to answer telephone inquiries regarding funeral services and prices. Therefore, if you receive a call from an Everest representative – or any consumer – inquiring about the cost of various goods and services, you MUST provide that information over the telephone. This requirement applies even though Everest is not a consumer; you are required to provide this information to anyone who calls regardless of whether the caller is a consumer.
• Mailing or Faxing a Price List: The Funeral Rule only requires funeral homes to distribute a GPL if there is a face-to-face discussion involving funeral prices, arrangements, services or goods. Therefore, you are not required to mail or fax your GPL to Everest or anyone else who calls and requests a price list. It is up to you to determine whether you want to honor that request, but you are not required to do so.

If you have questions about your responsibilities under the Funeral Rule, as an NFDA member you may contact NFDA General Counsel Scott Gilligan for a complimentary consultation (scott@gilliganlegal.com or 513-871-6332).