2002 Minnesota Statutes

     149A.71 Funeral industry practices; price disclosures. 

    Subdivision 1.    Unfair or deceptive acts or practices. 
  In selling or offering to sell funeral goods, funeral 
 services, burial site goods, or burial site services to the 
 public, it is an unfair or deceptive act or practice for a 
 funeral provider to fail to furnish accurate price information 
 disclosing the cost to the purchaser for each of the specific 
 funeral goods, funeral services, burial site goods, or burial 
 site services used in connection with the disposition of dead 
 human bodies to persons inquiring about the purchase of 
 funerals.  Any funeral provider who complies with the preventive 
 requirements in subdivision 2 is not engaged in the unfair or 
 deceptive acts or practices defined in this section. 

    Subd. 2.    Preventive requirements.  (a) To prevent 
 unfair or deceptive acts or practices, the requirements of this 
 subdivision must be met. 

    (b) Funeral providers must tell persons who ask by 
 telephone about the funeral provider's offerings or prices any 
 accurate information from the price lists described in 
 paragraphs (c) to (e) and any other readily available 
 information that reasonably answers the questions asked. 

    (c) Funeral providers must make available for viewing to 
 people who inquire in person about the offerings or prices of 
 funeral goods or burial site goods, separate printed or 
 typewritten price lists.  Each funeral provider must have a 
 separate price list for each of the following types of goods 
 that are sold or offered for sale: 

    (1) caskets; 

    (2) alternative containers; 

    (3) outer burial containers; 

    (4) cremation containers and cremated remains containers; 

    (5) markers; and 

    (6) headstones. 

    (d) Each separate price list must contain the name of the 
 funeral provider's place of business and a caption describing 
 the list as a price list for one of the types of funeral goods 
 or burial site goods described in paragraph (c), clauses (1) to 
 (6).  The funeral provider must offer the list upon beginning 
 discussion of, but in any event before showing, the specific 
 funeral goods or burial site goods and must provide a photocopy 
 of the price list, for retention, if so asked by the consumer.  
 The list must contain, at least, the retail prices of all the 
 specific funeral goods and burial site goods offered which do 
 not require special ordering, enough information to identify 
 each, and the effective date for the price list.  In lieu of a 
 written price list, other formats, such as notebooks, brochures, 
 or charts may be used if they contain the same information as 
 would the printed or typewritten list, and display it in a clear 
 and conspicuous manner.  However, funeral providers are not 
 required to make a specific price list available if the funeral 
 providers place the information required by this paragraph on 
 the general price list described in paragraph (e). 

    (e) Funeral providers must give a printed or typewritten 
 price list, for retention, to persons who inquire in person 
 about the funeral goods, funeral services, burial site goods, or 
 burial site services or prices offered by the funeral provider.  
 The funeral provider must give the list upon beginning 
 discussion of either the prices of or the overall type of 
 funeral service or disposition or specific funeral goods, 
 funeral services, burial site goods, or burial site services 
 offered by the provider.  This requirement applies whether the 
 discussion takes place in the funeral establishment or 
 elsewhere.  However, when the deceased is removed for 
 transportation to the funeral establishment, an in-person 
 request for authorization to embalm does not, by itself, trigger 
 the requirement to offer the general price list.  If the 
 provider, in making an in-person request for authorization to 
 embalm, discloses that embalming is not required by law except 
 in certain special cases, the provider is not required to offer 
 the general price list.  Any other discussion during that time 
 about prices or the selection of funeral goods, funeral 
 services, burial site goods, or burial site services triggers 
 the requirement to give the consumer a general price list.  The 
 general price list must contain the following information: 

    (1) the name, address, and telephone number of the funeral 
 provider's place of business; 

    (2) a caption describing the list as a "general price 
 list"; 

    (3) the effective date for the price list; 

    (4) the retail prices, in any order, expressed either as a 
 flat fee or as the prices per hour, mile, or other unit of 
 computation, and other information described as follows: 

    (i) forwarding of remains to another funeral establishment, 
 together with a list of the services provided for any quoted 
 price; 

    (ii) receiving remains from another funeral establishment, 
 together with a list of the services provided for any quoted 
 price; 

    (iii) separate prices for each cremation offered by the 
 funeral provider, with the price including an alternative or 
 cremation container, any crematory charges, and a description of 
 the services and container included in the price, where 
 applicable, and the price of cremation where the purchaser 
 provides the container; 

    (iv) separate prices for each immediate burial offered by 
 the funeral provider, including a casket or alternative 
 container, and a description of the services and container 
 included in that price, and the price of immediate burial where 
 the purchaser provides the casket or alternative container; 

    (v) transfer of remains to the funeral establishment; 

    (vi) embalming; 

    (vii) other preparation of the body; 

    (viii) use of facilities, equipment, or staff for viewing; 

    (ix) use of facilities, equipment, or staff for funeral 
 ceremony; 

    (x) use of facilities, equipment, or staff for memorial 
 service; 

    (xi) use of equipment or staff for graveside service; 

    (xii) hearse or funeral coach; 

    (xiii) limousine; and 

    (xiv) separate prices for all cemetery-specific goods and 
 services, including all goods and services associated with 
 interment and burial site goods and services and excluding 
 markers and headstones; 

    (5) the price range for the caskets offered by the funeral 
 provider, together with the statement "A complete price list 
 will be provided at the funeral establishment or casket sale 
 location." or the prices of individual caskets, as disclosed in 
 the manner described in paragraphs (c) and (d); 

    (6) the price range for the alternative containers offered 
 by the funeral provider, together with the statement "A complete 
 price list will be provided at the funeral establishment or 
 alternative container sale location." or the prices of 
 individual alternative containers, as disclosed in the manner 
 described in paragraphs (c) and (d); 

    (7) the price range for the outer burial containers offered 
 by the funeral provider, together with the statement "A complete 
 price list will be provided at the funeral establishment or 
 outer burial container sale location." or the prices of 
 individual outer burial containers, as disclosed in the manner 
 described in paragraphs (c) and (d); 

    (8) the price range for the cremation containers and 
 cremated remains containers offered by the funeral provider, 
 together with the statement "A complete price list will be 
 provided at the funeral establishment or cremation container 
 sale location." or the prices of individual cremation containers 
 and cremated remains containers, as disclosed in the manner 
 described in paragraphs (c) and (d); 

    (9) the price for the basic services of funeral provider 
 and staff, together with a list of the principal basic services 
 provided for any quoted price and, if the charge cannot be 
 declined by the purchaser, the statement "This fee for our basic 
 services will be added to the total cost of the funeral 
 arrangements you select.  (This fee is already included in our 
 charges for direct cremations, immediate burials, and forwarding 
 or receiving remains.)"  If the charge cannot be declined by the 
 purchaser, the quoted price shall include all charges for the 
 recovery of unallocated funeral provider overhead, and funeral 
 providers may include in the required disclosure the phrase "and 
 overhead" after the word "services."  This services fee is the 
 only funeral provider fee for services, facilities, or 
 unallocated overhead permitted by this subdivision to be 
 nondeclinable, unless otherwise required by law; 

    (10) if the price for basic services, as described in 
 clause (9), is not applicable, the statement "Please note that a 
 fee for the use of our basic services is included in the price 
 of our caskets.  Our services include (specify services 
 provided)."  The fee shall include all charges for the recovery 
 of unallocated funeral provider overhead, and funeral providers 
 may include in the required disclosure the phrase "and overhead" 
 after the word "services."  The statement must be placed on the 
 general price list, together with the casket price range or the 
 prices of individual caskets.  This services fee is the only 
 funeral provider fee for services, facilities, or unallocated 
 overhead permitted by this subdivision to be nondeclinable, 
 unless otherwise required by law; and 

    (11) the price range for the markers and headstones offered 
 by the funeral provider, together with the statement "A complete 
 price list will be provided at the funeral establishment or 
 marker or headstone sale location." or the prices of individual 
 markers and headstones, as disclosed in the manner described in 
 paragraphs (c) and (d). 

    (f) Funeral providers must give an itemized written 
 statement, for retention, to each consumer who arranges a 
 funeral or other disposition of human remains at the conclusion 
 of the discussion of the arrangements.  The itemized written 
 statement must be signed by the consumer selecting the goods and 
 services.  If the statement is provided at a funeral 
 establishment, the statement must be signed by the licensed 
 funeral director or mortician planning the arrangements.  If the 
 statement is provided by any other funeral provider, the 
 statement must be signed by an authorized agent of the funeral 
 provider.  The statement must list the funeral goods, funeral 
 services, burial site goods, or burial site services selected by 
 that consumer and the prices to be paid for each item, 
 specifically itemized cash advance items (these prices must be 
 given to the extent then known or reasonably ascertainable if 
 the prices are not known or reasonably ascertainable, a good 
 faith estimate shall be given and a written statement of the 
 actual charges shall be provided before the final bill is paid), 
 and the total cost of goods and services selected.  The 
 information required by this paragraph may be included on any 
 contract, statement, or other document which the funeral 
 provider would otherwise provide at the conclusion of discussion 
 of arrangements. 

    (g) Funeral providers must give any other price 
 information, in any other format, in addition to that required 
 by paragraphs (c) to (e) so long as the written statement 
 required by paragraph (f) is given when required. 

    (h) Upon receiving actual notice of the death of an 
 individual with whom a funeral provider has entered a preneed 
 funeral agreement, the funeral provider must provide a copy of 
 all preneed funeral agreement documents to the person who 
 controls final disposition of the human remains or to the 
 designee of the person controlling disposition.  The person 
 controlling disposition shall be provided with these documents 
 at the time of the person's first contact with the funeral 
 provider, if the first contact occurs in person at a funeral 
 establishment, crematory, or other place of business of the 
 funeral provider.  If the contact occurs by other means or at 
 another location, the documents must be provided within 24 hours 
 of the first contact. 

    Subd. 3.    Prices displayed.  Any funeral provider who 
 sells or offers to sell funeral goods or burial site goods to 
 the public shall, at all times, display the retail price of all 
 displayed funeral goods or burial site goods in a conspicuous 
 place on the goods.  "Conspicuous place" means a place where any 
 consumer viewing the funeral goods or burial site goods would be 
 able to see and read the price and reasonably understand that 
 the price seen is the price of the funeral goods or burial site 
 goods viewed.  Displayed funeral goods or burial site goods are 
 those goods that the funeral provider regularly maintains in 
 inventory and makes available for viewing and purchase by the 
 consumer. 

    Subd. 4.    Casket, alternate container, and cremation 
 container sales; records; required disclosures.  Any funeral 
 provider who sells or offers to sell a casket, alternate 
 container, or cremation container to the public must maintain a 
 record of each sale that includes the name of the purchaser, the 
 purchaser's mailing address, the name of the decedent, the date 
 of the decedent's death, and the place of death.  These records 
 shall be open to inspection by the regulatory agency and 
 reported to the commissioner.  Any funeral provider selling a 
 casket, alternate container, or cremation container to the 
 public, and not having charge of the final disposition of the 
 dead human body, shall enclose within the casket, alternate 
 container, or cremation container information provided by the 
 commissioner that includes a blank record of death, and a copy 
 of the statutes and rules controlling the removal, preparation, 
 transportation, arrangements for disposition, and final 
 disposition of a dead human body.  This subdivision does not 
 apply to morticians, funeral directors, funeral establishments, 
 crematories, or wholesale distributors of caskets, alternate 
 containers, or cremation containers. 

    HIST: 1997 c 215 s 28; 2000 c 438 s 12-15; 2001 c 171 s 10; 
 1Sp2001 c 9 art 15 s 32