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

Shadow Mountain Mortuary 

2350 E. Greenway Rd 

Phoenix, AZ 85022 

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 April and May 2023, during undercover calls 

placed by the FTC, Shadow Mountain Mortuary did not provide accurate information over the 

telephone in response to questions about your offerings or prices. In particular, Shadow 

Mountain Mortuary 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. 
Shadow Mountain Mortuary

Page 2 of 2

FTC staff has also obtained information that, during an undercover call, Shadow 

Mountain Mortuary misrepresented that health codes require embalming before more than a 

limited number of individuals can view the remains, even if the remains are refrigerated, when 

that is not the case in Arizona.

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 Shadow Mountain Mortuary, you should take prompt remedial action to make sure

Shadow Mountain Mortuary and its staff provide accurate information over the phone about its

prices and offerings, and to not misrepresent whether embalming is required by state law, code,

or regulation. 

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 and accurate 

representations about embalming requirements. 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