Your Right to Buy a Casket Anywhere: What Families Should Know About the FTC Funeral Rule

ByBNW Staff

Planning a funeral is one of the hardest things a family can face. Decisions have to be made quickly, often within days, and usually while people are grieving. At that moment, few families stop to compare prices or question what they’re being offered. Yet the casket is often one of the most expensive items in a traditional funeral, and many people don’t realize they have the legal right to buy it from someone other than the funeral home.

Whether a family wants a simple wood casket or one of the sturdier metal caskets available today, a federal rule protects their freedom to shop around.

What the Funeral Rule is

The Funeral Rule is a federal consumer protection regulation enforced by the Federal Trade Commission (FTC). It went into effect in 1984 to address complaints about confusing pricing and pressure tactics in the funeral industry. The rule applies to funeral providers across the United States and is designed to give families clear information and the freedom to choose only the goods and services they want.

One of its most important protections concerns caskets. Under the rule, a funeral home must accept a casket purchased elsewhere, and it cannot charge a fee for handling it. That means families can buy from independent retailers, online sellers, or local casket suppliers such as NOLA Caskets, whose family has supplied the New Orleans funeral industry since 1840 and now offers wholesale pricing directly to the public. The funeral home must still provide its services, and it cannot refuse to work with a family because they sourced the casket themselves.

Your key rights under the Funeral Rule

The rule includes several protections that every family should know.

  • You can get price information by phone. Funeral homes must give you price information over the phone if you ask. You don’t have to visit in person to start comparing costs.
  • You must receive a written price list. When you visit a funeral home to discuss arrangements, you’re entitled to a General Price List that itemizes the costs of individual goods and services. You can keep this list.
  • You must see casket prices before viewing caskets. Funeral homes are required to show you a Casket Price List before showing you the caskets themselves. The same applies to outer burial containers, such as vaults and grave liners.
  • You can choose only what you want. In most cases, you don’t have to buy a package. You can select individual items and services, though funeral homes may charge a basic services fee that can’t be declined.
  • You can use a casket bought elsewhere. The funeral home can’t refuse it, charge an extra fee for it, or require you to be present when it’s delivered.
  • You must be told about legal requirements. If a funeral home says state law or a cemetery requires a particular item, it must explain the specific requirement in writing.

Why buying a casket elsewhere can make a difference

Casket prices vary widely. Simple models may cost a few hundred dollars, while premium wood or bronze caskets can run into the thousands. When caskets are purchased through a funeral home, the price often includes a significant markup over wholesale cost.

By shopping around, families can sometimes find comparable or identical caskets at lower prices. For many households, those savings can go toward other parts of the service, such as a memorial gathering, flowers, a headstone, or simply reducing the financial strain that often follows a death.

That said, buying elsewhere isn’t about cutting corners. It’s about giving families real choice. Some families value the convenience of handling everything through one funeral home. Others prefer to compare options. The Funeral Rule ensures that the decision is theirs.

A Louisiana case that reinforced consumer choice

Louisiana provides a notable example of how casket sales have been debated in court. For years, a state law effectively restricted casket sales to licensed funeral establishments. Benedictine monks at Saint Joseph Abbey, north of New Orleans, began building simple wooden caskets to support their community and were told they couldn’t sell them without becoming a licensed funeral home.

The monks challenged the law. In 2013, the U.S. Court of Appeals for the Fifth Circuit ruled in their favor, finding that the restriction served mainly to protect funeral homes from competition rather than to protect the public. The case drew national attention and highlighted the broader principle behind the Funeral Rule: families should be free to choose where they buy a casket.

Practical steps for families

Knowing your rights is the first step. Using them effectively during a stressful time takes a little planning. Here are some practical tips.

  • Call more than one funeral home. Ask for prices over the phone and request copies of their General Price Lists.
  • Ask for the Casket Price List. Review prices before looking at caskets in person.
  • Compare outside casket options. Check independent retailers and local suppliers, and ask about delivery times.
  • Confirm delivery details. Make sure the casket will be delivered directly to the funeral home in time for the service. Local suppliers can often deliver quickly.
  • Check size and cemetery requirements. Some cemeteries, tombs, mausoleums, or crypts have size limits or rules about outer burial containers. Confirm these before purchasing.
  • Get everything in writing. Ask for an itemized statement of all goods and services before you agree to anything.
  • Bring a trusted friend or relative. A second person can help ask questions and keep track of details when emotions are running high.

Common Misconceptions

Several myths still lead families to spend more than they need to.

  • “The funeral home won’t accept an outside casket.” Under the Funeral Rule, they must accept it.
  • “Embalming is always required by law.” In most cases, embalming isn’t legally required, although it may be necessary for certain arrangements, such as a public viewing, and some funeral homes have policies around it. A funeral home must tell you if embalming isn’t required and can’t charge for it without permission, except in specific circumstances.
  • “A sealed casket will preserve the body indefinitely.” The FTC specifically prohibits funeral providers from claiming that caskets or burial containers will preserve remains indefinitely.
  • “Vaults are required by law.” No state law requires outer burial containers, though many cemeteries require them to keep the ground from sinking. A funeral home must disclose that it’s a cemetery requirement, not a legal one.

Where to get help

If you believe a funeral provider has violated the Funeral Rule, you can file a complaint with the FTC. State attorneys general and state funeral licensing boards also handle complaints. Consumer organizations such as the Funeral Consumers Alliance provide free educational resources on funeral planning and pricing.

Planning ahead is another powerful step. Families who discuss funeral wishes in advance, compare options, and understand costs before they’re needed are far less likely to feel rushed or pressured later.

The Bottom Line

The Funeral Rule gives families important protections at a time when they’re most vulnerable. Clear price lists, the freedom to choose individual services, and the right to buy a casket from any seller all help ensure that families can honor their loved ones without unnecessary costs. Knowing these rights in advance can make a difficult time a little more manageable, and help families focus on what matters most: remembering the person they’ve lost.