UNITED STATES OF AMERICA 

Federal Trade Commission 

WASHINGTON, D.C. 20580 

 Craig Tregillus 

Division of Marketing Practices 

 Phone: (202) 326-2970 

 Email: ctregillus@ftc.gov 

 

June 29, 2015 

T. Scott Gilligan, Esq. 

Gilligan Law Offices 

3734 Eastern Avenue 

Cincinnati, Ohio 45226 

Dear Mr. Gilligan: 

 You have questioned whether a funeral provider violates the Funeral Rule by placing a 

consumer in its casket display room to wait to speak with a funeral director without first showing 

the consumer a casket price list (“CPL”). 

 As you note, Section 453.2(b)(2)(i) of the rule requires a “funeral provider” to show 

consumers a CPL “upon beginning discussion of, but in any event before showing caskets.” You 

take the position that until a funeral director arrives in the casket display room or other 

arrangement room that also contains a display to meet with the consumer, there can be no 

violation of this provision. You posit that prior to the funeral director’s appearance, the 

consumer cannot inquire about caskets, and there can be no discussion of caskets or their prices 

to trigger the obligation to show the consumer a CPL. We disagree with your interpretation 

because it ignores the plain and direct requirement that the CPL be shown “in any event before 

showing caskets.” 

 First, we note that the rule places the obligation to show the CPL on the “funeral 

provider,” not on an individual funeral director, and it is the funeral provider that is responsible 

for training its personnel in rule compliance. Thus, the funeral provider’s obligation to provide 

the CPL starts before the arrival of the funeral director in the casket display room. 

Second, as is the case with the Commission’s trade regulation rules and other rules that 

impose disclosure requirements, the timing of the disclosure is critical.1

 In this context, the 

Commission deliberately sought to ensure that cost disclosure would be made “before showing 

the caskets.” Significantly, the required price disclosure does not apply only to those caskets the 

provider chooses to display. It also requires the provider to list the cost of other caskets it 

offers.2 This enables consumers to identify the least expensive options as they consider the 

 

1

 For example, the 1984 Used Car Rule requires dealers to display a “Buyers Guide” on each vehicle’s window 

stating, inter alia, whether it comes with or without a warranty and the duration of any warranty offered. 16 C.F.R. 

§455.2. 

2

 The funeral provider “need list only those caskets that it usually offers for sale that do not require special 

ordering. ‘Special ordering’ means purchasing a casket or container that is not in stock and not part of [the 
favorable qualities of displayed models.3

 The absence of a funeral director from the room is not 

relevant to whether the consumer can review her purchase options. 

 Accordingly, it is staff’s opinion that a funeral provider violates the rule when placing a 

consumer in its casket display or other arrangement room containing such items to wait for a 

funeral director without first showing the consumer a CPL. 

 Please be advised that the views expressed in this letter are those of the FTC staff. They 

have not been reviewed, approved, or adopted by the Commission, and they are not binding upon 

the Commission. However, they do reflect the opinions of those staff members charged with 

enforcement of the Funeral Rule. Staff Funeral Rule opinions are now routinely posted on the 

FTC website currently located at https://www.ftc.gov/tips-advice/business-center/legalresources?type=advisory_opinion&field_industry_tid=315.

Respectfully yours, 

 /s/ 

Craig Tregillus 

 Funeral Rule Coordinator 

 

 

 

 provider’s] regular offerings to [its] customers.” Complying With the Funeral Rule, 12 (FTC April 2015), available 

at https://www ftc.gov/tips-advice/business-center/guidance/complying-funeral-rule. 3

 In rejecting a proposal that funeral providers should be required to display their least expensive caskets, the 

Commission stated that the rule’s advance price list disclosures “would let consumers know what merchandise and 

services the funeral providers sell, including the three least expensive caskets.” Statement of Basis and Purpose, 47 

Fed. Reg. 42260, 42290 & n.317 (Sept. 24, 1982).