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UNITED ST A TES OF AMERICA ( ~) FEDERAL TRADE COMMISSION ¥/ Southwest Region 

1999 B1y an Street, Suite 2150 

Dallas, Texas 75201 

Matthew H. Wernz 

Regional Director 

January 24, 2024 

Stephens Funeral Horne, Inc. 

d/b/a Stephens Funeral Horne 

Attn: Warren L. Stephens, President 

257 Panama Road 

West Helena, Arkansas 72390 

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 ofitemized 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 ofhuman 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 ofthe 

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 May and September 2023, during undercover 

calls placed by the FTC, Stephens Funeral Horne did not provide accurate information over the 

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

Funeral Horne 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 staffs 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 Stephens Funeral Horne, you should take prompt remedial action to make sure Stephens 
Stephens Funeral Home 

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Funeral Home 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 attorney Luis Gallegos at (214) 979-9383. 

Respectfully yours, 

Matthew H. Wernz 

Regional Director 

Enclosure