When a funeral home overcharges or adds fees you never agreed to

Call (305) 209-0384 Read the questions first ↓

Read the questions first

• Is a casket required for cremation?
• The bill is higher than we were told. Is that allowed?
• Is a money-only problem worth a lawyer?
• Should I pay the disputed part of the bill?

What Florida law requires on prices

Chapter 497 sets these rules, and breaking any of them is a ground for discipline (§ 497.152(1)(a)):

• A price list before any discussion. Anyone who inquires in person must be given a printed or typed list of the range of retail prices before any discussion of selection. It must state that the customer may choose only the items desired, will be charged only for those items, and may face other charges for other items or services (§ 497.152(12)(b), Fla. Stat.). Accurate prices must also be given by telephone on request (§ 497.152(12)(c)).
• A written, itemized agreement. Each purchaser must receive, to keep, a written agreement listing in detail the items and services purchased and their prices (§ 497.152(11)(a)).
• No undisclosed fees. Charging fees and costs not disclosed to the customer is a ground for discipline (§ 497.152(11)(g)).
• Honest "cash advance" items. Misrepresenting the amount advanced for items such as death certificates, obituary notices, flowers, or clergy honoraria is prohibited (§ 497.152(10)(e)).
• No casket requirement for cremation. A licensee may not require a casket for cremation or claim that one is required (§ 497.152(11)(e)).
• No false statements about legal requirements for merchandise, services, preservation, or a casket or outer burial container (§ 497.152(10)(a), (h)).
• No pressure tactics. Soliciting through undue influence or by taking advantage of a customer's emotional vulnerability is prohibited (§ 497.152(9)(a)). So is steering a family toward costlier items by suggesting that interest in less expensive merchandise shows less respect or affection for the deceased (§ 497.152(9)(c)).
• No uninvited at-need sales calls. A funeral director may not contact the family to sell services or merchandise unless the family first called or contacted the funeral director and asked for them (§ 497.381(4)).

A federal regulation on funeral industry practices (16 C.F.R. Part 453) has similar rules on price lists and on caskets for cremation. Florida's own rules, above, are the ones we work from.

What the law may provide

Florida lets any person bring a civil action against a licensee that violates Chapter 497, for actual damages, punitive damages as the common law allows, and other relief (§ 497.169(1)). The funeral contract itself may also support a claim. When overcharging comes with a problem in how a loved one was handled, the two are usually reviewed together. Your family's emotional harm matters. The Florida Supreme Court is now considering when Florida law allows recovery for emotional harm without a physical injury, and we will explain how the law stands for your situation.

What to keep and request

• The price list you were given, or a note that you never received one.
• The signed contract, the itemized statement, and the final bill.
• Receipts for every payment, and any cash-advance receipts.
• Your notes on what you were told was "required," and by whom.
• A written request for a copy of the full contract file and the price lists in use on your dates.

The deadline

Two years. Florida law gives a negligence claim two years (§ 95.11(5)(a)). Some claims may carry a longer period, but no family should bet on that. We treat two years from the day it happened as the deadline in every case, and you should too. If you only just found out, call anyway: when the clock started is a question we answer case by case.

What to do first

Gather the paperwork before you dispute anything, and put your questions to the funeral home in writing. Talk with a lawyer before filing a state complaint or signing anything new. See What to do right now.

Questions families ask

Is a casket required for cremation?

No. Florida law makes it a ground for discipline to require a casket for cremation or to claim that one is required. If you were told otherwise, write down who said it and when.

The bill is higher than we were told. Is that allowed?

Florida requires an itemized written agreement, and charging fees that were not disclosed is a ground for discipline. Whether a particular charge was proper depends on the contract and what was disclosed. Compare the bill with the contract line by line.

Is a money-only problem worth a lawyer?

Sometimes it is not. A written dispute, a refund request, or a complaint to the state may fit better. When you call, we will tell you plainly which path makes sense for your situation.

Should I pay the disputed part of the bill?

Talk to a lawyer first. Do not sign a new agreement, promissory note, or release under pressure, and keep copies of everything you send and receive.

Talk to Dennis

When you are ready, call or send a WhatsApp message, in English or Spanish. The office answers 24 hours.

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