Consumer Protection, Price Disclosure, and Deceptive Trade Practices
Price disclosure
Oregon requires funeral providers to give consumers itemized price information. The provider must maintain a general price list, a casket price list, and an outer burial container price list, and must give the appropriate list to anyone who asks about prices or begins to discuss arrangements. Prices must be accurate and available before selection.
Itemization and no tying
Consumers may buy only the goods and services they want, except for items required by law. A provider may not require a casket for cremation or direct burial when no container is required, and may not bundle unnecessary services into a mandatory package without disclosure. Written contracts must state the goods and services selected, the price, and the disposition chosen.
Deceptive practices
Prohibited conduct includes misrepresenting prices, falsely claiming a legal requirement, failing to disclose that a cheaper alternative exists, and using high-pressure or misleading sales tactics. Oregon’s consumer protection statutes and the board’s unprofessional conduct rules both reach deceptive trade practices.
Worked example
A family asks for cremation. The provider says Oregon law requires a casket and a vault. That is false. The provider may offer a container, but may not state that it is legally required. The misrepresentation supports both a consumer claim and a board complaint.
Traps
Do not assume the price list must be posted on the wall; it must be given on request. Do not hide the least expensive options. Do not use package-only pricing to defeat itemization. Do not forget that the board can discipline for deception even where no civil suit is filed.