Preneed Funeral and Burial Agreements: A Summary of State Statutes

For many consumers, the cost of a traditional funeral and burial is the third largest lifetime expenditure after home and automobile purchases, and the preneed sale of funeral arrangements is a booming industry. Yet, no federal regulation specifically addresses preneed funeral commerce, and state-level regulation is inconsistent. In this AARP Public Policy Institute report by Sandra B. Eskin, AARP's policy on preneed funeral and burial agreements is outlined and existing state statutes regarding such agreements are summarized. The report, compiled in May 1999, also compares statutes in relation to eight key consumer protection provisions: (1) coverage of the statute, (2) licensing requirements of preneed sellers, (3) funding options of the preneed funds, (4) required contract provisions, (5) cancellation refund provisions, (6) availability of a consumer protection fund, (7) applicability of the state Unfair and Deceptive Trade Practices (UDAP) statute, and (8) applicability of private right of action. (74 pages)