UNITED STATES OF AMERICA

FEDERAL TRADE COMMISSION

WASHINGTON, D.C. 20580

Lois Greisman

 Associate Director

Division of Marketing Practices

Phone: (202) 326-3404

January 24, 2024 

Via Federal Express

Benito & Azzaro Gardens Chapel 

c/o Gary Benito

1050 Cayuga St. 

Santa Cruz, CA 95062 

Re: Funeral Rule Compliance Notice 

Dear Funeral Provider:

As you know, the Federal Trade Commission (“FTC”) has issued a trade regulation rule 

concerning funeral industry practices (“Funeral Rule”), 16 C.F.R. Part 453. The Funeral Rule 

became fully effective on April 30, 1984, and revisions to the Funeral Rule became effective on 

July 19, 1994. As amended, the Funeral Rule has the full force and effect of federal law.

 The Funeral Rule requires that funeral providers disclose prices and other information to 

persons arranging funerals. The Funeral Rule requires disclosure of itemized price information 

both over the telephone and in writing concerning general funeral services and ancillary 

arrangements offered by the funeral provider, as well as price lists for caskets and outer burial 

containers. The Funeral Rule prohibits misrepresentations about legal, cemetery or crematory 

requirements pertaining to the disposition of human remains, including embalming. Certain 

unfair practices also are prohibited, such as embalming for a fee without prior permission; 

requiring consumers to purchase caskets for direct cremation; or conditioning the purchase of 

any funeral good or service upon the purchase of any other funeral good or service. Moreover, 

the Funeral Rule requires that each person who arranges a funeral be given a statement of the 

funeral goods and services selected by that person and the price to be paid for each item. Failure 

to comply with the Funeral Rule may result in penalties of up to $51,744 per violation. 

FTC staff has obtained information that, in March and April 2023, during undercover 

calls placed by the FTC, Benito & Azzaro Gardens Chapel did not provide accurate information 

over the telephone in response to questions about your offerings or prices. In particular, Benito 

& Azzaro Gardens Chapel failed to provide accurate information about your prices or services. 

Specifically, we contacted your office on two occasions, and you provided materially different 

prices for the same goods and services on each call. 
Benito & Azzaro Gardens Chapel 

Page 2 of 2 

In FTC staff’s view, the conduct described above violates of the Funeral Rule. While

staff does not currently intend to recommend to the Commission that it take formal legal action

against Benito & Azzaro Gardens Chapel, you should take prompt remedial action to make sure 

Benito & Azzaro Gardens Chapel and its staff provide accurate information over the phone about 

its prices and offerings. 

 Enclosed for your review is a copy of the business guide “Complying with the Funeral 

Rule.” The guide is intended to help you comply with the Funeral Rule and includes information 

about your obligations to provide accurate information over the phone. If you have any 

questions after reviewing this letter and the guide, please call FTC attorneys Melissa Dickey at 

202-326-2662 or Rebecca Plett at 202-326-3664. 

 Respectfully yours,

 

Enclosure