Consumers may have their guard down when they are mourning a loved one, and this has not gone unnoticed by unscrupulous funeral homes, a federal investigation has found. Following what it called an “underground phone sweep,” the Federal Trade Commission (FTC) announced that dozens of funeral homes failed to provide accurate or complete pricing information when requested, in violation of a 40-year-old federal rule.

Throughout 2023, FTC staffers placed calls to more than 250 funeral homes around the country, asking what their services would cost. In a handful of cases, funeral homes either failed to fully disclose their prices or  declined to answer the questions. In response, the federal agency followed up with 39 warning letters earlier this year, demanding that the funeral homes take “prompt remedial action.”

Under the FTC’s “funeral rule,” consumers, including those who call on the telephone, have important rights. Funeral homes are required to give accurate details on prices and try to “reasonably” answer their questions. Violations of the funeral rule can lead to penalties of up to $51,744 per offense.

While most funeral homes complied with the rule, FTC investigators found, a significant minority did not.

In one case, a funeral home misstated the local health code, wrongly advising a consumer that a deceased individual had to be embalmed if a certain number of people were to view the remains. In another case, a funeral home failed to provide a general price list. Some funeral homes failed to provide consistent information on their own prices, giving “materially different” answers on what a service would cost to different phone callers, the New York Times reported.

The average funeral cost nationally last year was $8,300 according to Time Magazine, a figure that jumps to $9,995 if a burial vault is included. Prices varied somewhat around the United States, however, with the highest expenses in New England, averaging $8,985 and rising to $10,670 with a vault. The lowest average cost was in the Mountain states, with an average price of $7,390, although that figure jumped to $8,615 with a vault.

To see a list of the funeral homes that received official warnings from the FTC, click here.