Typically, when a funeral home has been shopped by an undercover enforcement agent twice and found to be in violation of the Funeral Rule on both occasions, it receives a letter from the FTC stating when they were shopped and the nature of the alleged violations with which they are being charged. The letter also details their options: chiefly face a lawsuit in federal court or enroll in the remedial three-year Funeral Rule Offender Program.

Historically, these letters have not included – nor has the FTC been willing to disclose – the name(s) of the employee(s) who dealt with the undercover shoppers.

NFDA has now learned that the FTC will, upon request, disclose the names of employee(s) who dealt with the undercover shoppers.

NFDA members who have questions may contact NFDA’s General Counsel Scott Gilligan, 800-228-6332.