2007 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 using a ten-point font or larger. 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;
    (5) cremated remains containers;
    (6) markers; and
    (7) headstones.
    (d) Each separate price list must contain the name of the funeral provider's place of business,
address, and telephone number 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 (7). 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. 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 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 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 range for the 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 as disclosed in
the manner described in paragraphs (c) and (d);
    (10) 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;
    (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); and
    (12) any package priced funerals offered must be listed in addition to and following the
information required in paragraph (e) and must clearly state the funeral goods and services being
offered, the price being charged for those goods and services, and the discounted savings.
    (f) Funeral providers must give an itemized written statement, for retention, to each consumer
who arranges an at-need 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 as required in section 149A.80. If the statement is provided
by 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. At the conclusion of an at-need arrangement, the funeral provider is
required to give the consumer a copy of the signed itemized written contract that must contain the
information required in this paragraph.
    (g) 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 final disposition
shall be provided with these documents at the time of the person's first in-person 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, or cremated remains 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. 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 provide 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.
History: 1997 c 215 s 28; 2000 c 438 s 12-15; 2001 c 171 s 10; 1Sp2001 c 9 art 15 s
32; 2007 c 114 s 35,36