Consumer Protection, Funeral Goods and Services Disclosures, and Deceptive Trade Practices
Required disclosures
Funeral providers must give consumers itemized price information: a general price list, casket price list, and outer burial container price list, with prices available to anyone who asks in person or by phone. The contract must itemize selections and disclose that embalming is not required by law in every case, that a casket is not required for direct cremation, and that alternative containers are available. No misrepresentations about legal requirements, preservation, or value.
Deceptive practices
Oklahoma's Consumer Protection Act and Board rules prohibit false or misleading statements, bait-and-switch advertising, unauthorized charges, refusing to provide price information, and representing that a package is the only option. Funeral homes may not embalm without authorization, charge for goods not provided, or tell families that state law requires embalming for a public viewing when it does not. Kickbacks and misleading funeral home-cemetery tying arrangements are also risky.
Worked example
A salesman tells a family, 'Oklahoma law requires embalming if you want an open casket, and this sealed casket is required for a graveside service.' Reasoning: both statements are deceptive. Embalming is generally a choice, and a casket is not legally required for every graveside service. The family is entitled to an itemized statement and a truthful explanation; the statement supports a consumer-protection complaint and Board discipline.
Traps
Treating the general price list as a menu only for walk-ins; quoting a package price without itemization; claiming a 'sealed' casket preserves remains indefinitely; failing to disclose direct cremation and direct burial; adding charges without authorization.