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Consumer Rights

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The federal Funeral Rule gives consumers important rights:

 

  

 

 

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The following information is extracted from the

Federal Trade Commission's website for your convenience.

 http://www.ftc.gov/bcp/conline/pubs/services/funeral.htm 

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"Funerals: A Consumer Guide"

The Funeral Rule

Most funeral providers are professionals who strive to serve their clients' needs and best interests. But some aren't. They may take advantage of their clients through inflated prices, overcharges, double charges or unnecessary services. Fortunately, there's a federal law that makes it easier for you to choose only those goods and services you want or need and to pay only for those you select, whether you are making arrangements pre-need or at need.

The Funeral Rule, enforced by the Federal Trade Commission, requires funeral directors to give you itemized prices in person and, if you ask, over the phone. The Rule also requires funeral directors to give you other information about their goods and services. For example, if you ask about funeral arrangements in person, the funeral home must give you a written price list to keep that shows the goods and services the home offers. If you want to buy a casket or outer burial container, the funeral provider must show you descriptions of the available selections and the prices before actually showing you the caskets.

Many funeral providers offer various "packages" of commonly selected goods and services that make up a funeral. But when you arrange for a funeral, you have the right to buy individual goods and services. That is, you do not have to accept a package that may include items you do not want.

According to the Funeral Rule:

  • you have the right to choose the funeral goods and services you want (with some exceptions).
  • the funeral provider must state this right in writing on the general price list (GPL).
  • if state or local law requires you to buy any particular item, the funeral provider must disclose it on the price list, with a reference to the specific law.
  • the funeral provider may not refuse, or charge a fee, to handle a casket you bought elsewhere.
  • a funeral provider that offers cremations must make alternative containers available.

 

The FTC works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop and avoid them. To file a complaint, or to get free information on any of 150 consumer topics, call toll-free, 1-877-FTC-HELP (1-877-382-4357), or use the online complaint form. The FTC enters Internet, telemarketing, identity theft and other fraud-related complaints into Consumer Sentinel, a secure, online database available to hundreds of civil and criminal law enforcement agencies U.S. and abroad.


 

FEDERAL TRADE COMMISSION FOR THE CONSUMER
1-877-FTC-HELP www.ftc.gov

 

 

 

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The Funeral Rule As Understood by Consumer Advocates & Applied by Henninger-Allen

 

1. Telephone Price Disclosures

  • Funeral providers must disclose prices of all services, merchandise and options to callers over the phone.  You do not have to appear in person to obtain this information. If you make a request in person, you must be given a copy of the General Price List (GPL) prior to making arrangements or discussing funeral details
  • The GPL must disclose certain information, including the cost of immediate cremation and burial.  You can limit your purchases to only those items you want or that are required by Oklahoma law.  You can't decline the "Professional  Services" fee.
  • Henninger-Allen's nondeclineable charges are:
  • Services of Funeral Director and Staff ........$ 750.00
  • Basic Administrative & Overhead Charges...$ 800.00

(All Henninger-Allen Charges are based on our November 1, 2005 GPL)

2. Required Purchases

  • You have the right to choose only the funeral goods and services you want with some disclosed exceptions.  This right must be in writing on the general price list.  If there is a specific law that requires you to purchase any item, the funeral provider must disclose the specific law on the statement of goods and services.
  • Oklahoma law does not mandate the use of specific merchandise.  However, some cemeteries require the use of an outer burial container. (i.e. concrete box, or vault).  Note: The two cemeteries located in Enid do not require an outer burial container.  Some of the cemeteries in the surrounding area do. Ask before you purchase your cemetery property.

3. Embalming

Oklahoma law DOES NOT require embalming.

  • However, it does require the un-embalmed to be buried or otherwise properly disposed of within 24 hours after death, unless refrigeration facilities are available or they are placed in a sealed container. 
  • Embalming is not required for immediate burial or direct cremation.
  • Embalming is require to cross state lines.
  • Airlines and other common carriers require embalming prior to shipping remains.   Note: The laws of the destination state or country must apply.  
  • Although not a state law, many funeral homes will require a body be embalmed if you select a service that includes viewing of the remains. 
  • At Henninger-Allen we provide options for private family viewings of the un-embalmed.  Discuss this option and the specific details with our funeral directors.  If at all possible we will try to accomplish this request at no charge. 
  • Our charge for embalming is $ 375.00. 
  • Consumer Reports list the price range for embalming may be as high as $750.00 in some areas.

4. Caskets for Cremation

Oklahoma law DOES NOT require a casket for direct cremation.

  • Funeral Providers that offer cremation without a viewing or other ceremony must disclose your right to use an alternative container for cremation. They may not mislead you to believe that the state or local laws require a casket for cremation. The specifies of the container is regulated by each crematory.
  • At Henninger-Allen you have options when considering  cremation.

5. Cash Advance Sales

  • Funeral providers must disclose in writing if they add any surcharges for cash advance items the funeral provider is asked to pay on your behalf.
  • At Henninger-Allen we offer cash advances by request only and on a case-by-case-basis.  If requested and we agree to pay for certain cash advance items for the family, we DO NOT add a surcharge for handling those agreed upon details. 
  •  If the cost of certain cash advance items cannot be determined during the arrangements; i.e. the cost of the paid obituary, we will give the family a "good faith estimate"  along with their itemized statement. 
  • At Henninger-Allen we have a contractual agreement with the local paper, which allows us to provide our families with a reduced rate when publishing their paid obituary. 

6. An Itemized Statement

  • You must be given an itemized statement with the total cost of the goods and services along with any legal, crematory or cemetery requirements that compel you to buy any item.

7. Preservative Claim

  • Funeral providers are prohibited from saying that you can purchase a particular item or any specific service that can indefinitely preserve the body.

8. Caskets

  • You are not obligated to purchase a casket from the funeral home.  You can purchase it from a third party and we, the funeral provider, cannot charge you a fee for accepting a casket purchased elsewhere.

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Henninger-Allen was built on caring for others during their time of need and their loss.  We take it personally when any family, any where has a bad funeral experience and is improperly served by a firm or individual. 

We encourage you to contact the owner of the funeral home serving you if you have a bad experience or feel your rights were abused. If all else fails, use the FTC's online complaint form.  

How will they know if you don't tell them.

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