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Consumer Information


This information has been provided for and at the suggestion of the New Mexico Attorney General as a Public Information document.

Consumer Information on Funerals and Funeral Homes
Regulatory Authority

All funeral Service providers are regulated by the New Mexico Board of Thanatopractice, 2550 Cerrillos Road, Santa Fe, NM 87505, PO Box 25101, Santa Fe, NM 87504. Phone: 505-476-4870. The Board inspects establishments and issues licenses to establishments as well as individuals. Disputes which are not readily resolved by providers in New Mexico may be directed to this office. Complaint forms are available. Contact: Geraldine Mascarenas.
 
Federal Authority
Funeral Service Providers are also regulated by the Federal Trade Commission, Regional Office, 100 N. Central Expressway, Suite 500, Dallas, TX 75201. Phone: 217-767-5501. The F.T.C. Trade Rule makes certain requirements of providers who provide both services and merchandise. All such providers must:

  • Provide a General Price List (for your retention if you so wish) at the time discussion of actual services is initiated. This document must contain certain language regarding their goods and services, about embalming and about cremation.
     
  • A casket price list, if requested.
     
  • An Outer Burial Container price list, if requested.

You should know that the F.T.C. Trade Rule allows a provider to make a Basic Fee charge to recover a majority or basic portion of its cost of doing business, such as insurance, office costs, licensing costs, utilities, parking lot and grounds, taxes and accounting costs.  This fee is not regulated and will vary from firm to firm depending on the amount of weight it places on merchandise profit and labor charges specific to the services requested.

Disputes
If a dispute arises between you and a funeral service provider, tell the firm about the problem first. Funeral homes are generally anxious to resolve problems quickly and to your satisfaction.

If you are not satisfied with their response to your complaint, contact the New Mexico Board of Thanatopractice. They will provide you with a complaint form and will initiate an investigation when warranted. The Board has statutory authority to take disciplinary action on providers and processes files which may be forwarded to the Attorney General’s office.

The New Mexico Funeral Service Association's members want you to know your rights and what to look for in selecting a funeral home.  This information has been prepared in the public interest. Additional copies of this information are available by contacting the New Mexico Funeral Service Association secretary/treasurer.

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