Knowing Is Half The Battle

Cremation Scams

Cremation scams are illegal or deceptive activities that can take place at any stage in the cremation process; they are used to deceive or defraud purchasers of cremation services. Most scams involve efforts to get money from grieving family
members, but some kinds of scams also aim to cover up negligence or incompetence on the part of the provider. Typical cremation scam activity includes:
• Trying to sell unneeded services or goods. Funeral service providers may try to sell unnecessary but very expensive additional services, such as
embalming or a burial casket, as part of a cremation package.
• Forcing consumers to buy proprietary goods. Even though it’s legal to buy an urn or casket elsewhere for use in a funeral or cremation, a family member who wants to use a family heirloom instead of a receptacle available at the funeral home may be told that they have to buy one sold by
the provider.
• Concealing or misrepresenting prices. Scammy providers may not provide prices in writing, or they may inflate prices or add inappropriate fees. For
example, a provider may add service fees in multiple places or add extra costs to certain kinds of services.
• Lying about legal requirements for funeral services. Scammers may claim that embalming is required by law, even in a direct cremation with no viewing or funeral service, although in most states embalming is not legally
required. They may also say that a full burial casket is required, or that they need to collect extra money to cover nonexistent state and local fees.
• Using high-pressure sales tactics or guilt to push family members into making quick decisions and buying products and services they don’t need. These disreputable operators may also pressure seniors into buying
items for their loved ones that they may not need or want.

Protecting Yourself

Making final arrangements for a loved one is a stressful and heartbreaking experience, and scammers are very willing to take advantage of a family’s
emotional turmoil and confusion. You can protect yourself from becoming a victim of a cremation scam by being proactive and informed. Here are a few tips for
protecting yourself from common cremation and burial scams.
The Federal Trade Commission posts the provisions of its Funeral Rule on its website, with separate versions for funeral service providers and consumers. Either
of these can explain the regulations all providers must follow in terms of pricing
and services they can offer. It’s important to keep in mind that, aside from certain basic fees and practical considerations, the choice of services — and how they are provided — is up to the consumer. Visit company websites and read reviews.
To be certain that no mishandling or mistakes in identification happen at any point during the cremation process, ask whether a family member or other designated individual can witness the cremation. That person can visually identify the individual being cremated to be sure that the right remains are being returned to the family. Not all states allow witnesses, though, and some individual crematories
have their own rules about this practice. Additionally, some providers may charge a
fee for this service.

Ask Questions

Cremation providers should be willing to answer any questions you may have. If they don’t, or try to hurry you into making a decision, that could be a red flag for a scam. Write your questions down in advance. Brainstorm them with other family
members, if possible. Questions you might want to ask include:
• How do you make sure that the remains I receive are, in fact, those of my loved one? Cremation providers should be able to tell you how they
identify a body at every step of the process, and how they verify identities in order to correctly label cremation containers.
• How long is the entire cremation process? Ask how long it typically takes to complete a cremation, from the time the deceased is received by the
facility to the performing of the cremation itself.
• How will the cremated remains be returned to me? Your cremation provider may offer you a choice of urns and other containers at varying prices, and may also provide your own container. If no urn or other container is provided before the cremation, ask what kind of container the provider will use.
• How long are remains held after cremation? You may want to find out what the provider’s policy is on holding remains on the premises for pickup, and who will be authorized to pick them up.
• What types of services do you offer recently bereaved loved
ones? Whether you are planning ahead for your own services, or you are recently bereaved yourself, it is important to ask what helpful services the
company can provide. For example, some companies offer a 24/7 service for family members to talk through their grief.

Know Your Rights

As a consumer, your rights are clear under the FTC’s Funeral Rule, which describes in detail how providers of funeral services should provide burial and cremation services. Knowing your rights can help you to spot scams and resist the pressure to buy unnecessary services and products. The Funeral Rule has many provisions that apply to all types of funeral and cremation service providers except third-party sellers like casket and urn dealers or cemeteries without an on-site funeral home. Your rights when purchasing or contracting services and products for burial or cremation include:
• The right to buy only the services and products you want. This means you do not have to accept service packages that include products you don’t
want or need, and you can provide products you prefer, such as an urn, from outside providers if you choose.
• The right to get price information by phone without agreeing to buy. Funeral service providers are required by law to give you the prices you request by phone without requiring you to provide your name or other
information.
• The right to a written, itemized price list for all products and
services. The provider must give you a written General Price list that you can keep and refer to. This list does not obligate you to use that provider’s services.
• The right to a written statement that itemizes your choices for the
arrangements. This list should show clearly what you have agreed to and the price for each item. Get a written explanation for any charges involving
requirements from the state or local crematories.
• The right to use an alternative container rather than a casket for
cremation. Although the provider might try to persuade you to buy a casket for cremation, no laws require you to do so. The provider must offer you alternatives such as wood boxes or cardboard.
• The right to make arrangements without embalming.