2006 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.
History: 1997 c 215 s 28; 2000 c 438 s 12-15; 2001 c 171 s 10; 1Sp2001 c 9 art 15 s 32