You can buy the urn anywhere, and the funeral home has to accept it. That is federal law, the FTC Funeral Rule, and it has been since 1984. Here is what the rule guarantees, what it does not cover, and what to say to the director.
Written by Daniel Flint, who practiced law before he made urns. General information, not legal advice. Last reviewed .
The Federal Trade Commission's (FTC) Funeral Rule is a key consumer protection regulation in the funeral industry. It safeguards the rights of individuals making funeral arrangements, including those involving cremation urns [1]. The rule itself is federal regulation 16 CFR Part 453[132], and the FTC explains it in plain language on its consumer site[101].
No. You are not obligated to buy an urn from the funeral home or crematory handling the cremation. Under the Funeral Rule, a funeral provider may not make any funeral good or service conditional on your buying any other funeral good or service, except as required by law or as the rule otherwise permits[133]. The FTC puts it plainly: the funeral provider cannot refuse to use a casket or urn you bought online, at a local store or somewhere else, and it cannot charge you a fee to use it[2]. The FTC’s own guide even suggests looking at lower-priced caskets and outer burial containers from local providers or online retailers[2].
No. The FTC says a funeral provider cannot refuse to handle a casket or urn you bought online, at a local casket store, or somewhere else[101]. The rule itself also bars a funeral provider from making any funeral good or service conditional on your buying any other funeral good or service, except as required by law or as the rule otherwise permits[133].
No. The FTC says a funeral provider cannot charge you a fee to handle a casket or urn you bought elsewhere[102]. Under the rule, the only fees a provider may make a condition of its services are the basic fee for the services of the funeral director and staff, the fees for goods and services you select, and the fees for items you are required to buy, which must be explained on your itemized statement[133]. The FTC’s compliance guide tells funeral homes the same thing: a fee or surcharge for a casket bought elsewhere does not fall within those three categories[9].
No. The FTC says the funeral home cannot require you to be on site when the casket or urn is delivered to them[4].
No. The Funeral Rule makes it an unfair or deceptive practice for a funeral provider or a crematory to require that a casket be purchased for direct cremation, and a provider that arranges direct cremations must make an alternative container available[133]. It is also a deceptive practice to tell you that state or local law requires a casket for direct cremation[135] [9].
A funeral home that offers cremations must tell you that alternative containers are available, and must make them available[7]. The rule spells out the disclosure it must place with its direct cremation prices: “If you want to arrange a direct cremation, you can use an alternative container. Alternative containers encase the body and can be made of materials like fiberboard or composition materials (with or without an outside covering). The containers we provide are (specify containers).”[135]
When you begin discussing prices, the type of service, or specific goods or services in person, the funeral provider must give you a General Price List to keep. For direct cremation, that list must show the price range, a separate price for a direct cremation where you provide the container, and separate prices for each direct cremation offered with an alternative container. If you ask in person about caskets or alternative containers, you must be given a price list for those as well, unless those prices are already on the General Price List[134]. A funeral home must also give you price information over the phone if you ask for it[10].