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UNITED STATES OF AMERICA 

FEDERAL TRADE COMMISSION 

Southwest Region 

1999 B1yan Street, Suite 2150 

Dallas, Texas 75201 

Matthew H. Wernz 

Regional Director 

January 24, 2024 

Border Funerals, Inc. 

d/b/a Nieto Funerals & Cremations 

Attn: Fred C. Dickey, Jr., President 

1320 Trey Drive 

Laredo, Texas 78041 

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 ofup to $51,744 per violation. 

FTC staff has obtained information that, in June and September 2023, during undercover 

calls placed by the FTC, Nieto Funerals & Cremations did not provide accurate information over 

the telephone in response to questions about your offerings or pricings. In particular, Nieto 

Funerals & Cremations 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. 

In FTC staff's view, the conduct described above violates ofthe Funeral Rule. While 

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

against Nieto Funerals & Cremations, you should take prompt remedial action to make sure 

Nieto Funerals & Cremations and its staff provide accurate information over the phone about its 
Nieto Funerals & Cremations 

Page 2 of2 

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 attorney Luis Gallegos at (214) 979-9383. 

Respectfully yours, 

Matthew ~ H. Wernz 

Regional Director 

Enclosure