Posted: April 30, 2012

Everestfuneral.com is a funeral planning and concierge service that sells funeral pricing reports to consumers based on information obtained from funeral homes. Over the years, Everest has contacted many NFDA-member funeral homes asking the funeral home to provide pricing information.

In recent weeks, NFDA has received numerous reports from funeral homes throughout the country that received letters from Everest accusing them of not complying with the FTC Funeral Rule because they did not respond to the company's attempts to obtain pricing information. Everest has employed this same tactic many times in recent years.

According to advice previously given by NFDA General Counsel Scott Gilligan, 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, for that matter - 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.

Should you have questions or concerns, NFDA members can contact Gilligan for a free consultation on their obligations to provide pricing information. Gilligan can be reached at 513-871-6332.