New Powers for the CMA: What Do Funeral Professionals Need to Know

When someone dies, families are thrown into emotional and often financial chaos. Funeral Directors, Celebrants and crematoria staff are trusted to guide them through. But with that trust comes responsibility, and now, enforceable regulatory accountability too.

The Competition and Markets Authority (CMA) has launched a new consumer enforcement regime that gives it direct powers to crack down on unfair, unclear, or exploitative business practices without going through the courts. The implications for the funeral services sector are significant.

The Legal Backdrop: What’s Changed?

The Digital Markets, Competition and Consumers Act 2024 strengthens the CMA’s hand. Under this law, the CMA can now:

  • Fine companies directly – up to 10% of global turnover
  • Demand refunds for harmed consumers
  • Stop misleading or unfair business practices quickly

Although not specific to the funeral sector, this builds on the Funerals Market Investigation Order 2021, which already requires:

  • A clearly displayed Standardised Price List
  • Disclosure of any financial relationships or commissions
  • Ban on exclusive funeral director referral agreements with hospitals or care homes
  • Submission of compliance statements for larger groups

Now, enforcement will be swifter, tougher, and aimed squarely at protecting vulnerable consumers.

Understanding the Legal Foundations: CPRs

The CMA’s new regime is also underpinned by the Consumer Protection from Unfair Trading Regulations 2008 (CPRs), which make it illegal for businesses to mislead, pressure, or exploit consumers. These rules apply across all sectors, but are especially relevant in the funeral profession, where families are often in a state of vulnerability. Under the CPRs, practices like hiding fees (drip pricing) may be classified as misleading omissions or aggressive commercial practices, depending on context. Both of which are prohibited by law, and now, these can trigger direct enforcement action.

The Target: Practices That Harm Vulnerable Families

The CMA’s latest guidance on Unfair Commercial Practices (CMA207) highlights that when consumers are especially vulnerable, due to circumstances like bereavement, traders must take particular care. Failure to do so may breach consumer law. This is especially important in the funeral sector, where emotional and financial vulnerability often overlap. The CMA’s latest guidance on Unfair Commercial Practices (CMA207) highlights that when consumers are especially vulnerable, due to circumstances like grief or distress, traders must take particular care. Failure to do so may breach consumer law. This is especially important in the funeral sector, where emotional and financial vulnerability often overlap.

💧 Drip Pricing

Hidden or late-added fees that consumers don’t see upfront. The CMA now considers this a misleading action or omission, particularly harmful when affecting vulnerable consumers in distress.

🎭 Fake or Filtered Reviews

Reviews that mislead or create a false impression of the service offered. These may be deemed unfair commercial practices under Regulation 5 or 6, especially when they prevent informed choice.

🤯 Pushy or Confusing Sales Tactics

High-pressure selling or creating false urgency (e.g., “this deal is only available today”) may be classed as aggressive practices under Regulation 7 of the CPRs.

A Note for Celebrants & Crematoria

It’s not just funeral directors who need to take notice.

✅ Crematoria must ensure price transparency, fair booking procedures, and online visibility of fees.

✅ Celebrants working in partnership with firms should understand the risks of appearing to be part of a bundled, upsold package, especially when families haven’t seen alternatives.

What You Can Do Now

Audit your price lists, websites, and training – Be honest, clear, and comprehensive. Include all fees upfront.

Avoid exclusive or undeclared partnerships – Transparency is key

Train your team on vulnerability awareness – Know the signs, and offer choice, not pressure.

Familiarise yourself with the CMA207 guidance on unfair commercial practices. It offers clear examples of what’s prohibited, particularly in relation to vulnerable consumers, and should be essential reading for anyone operating in this space.

At FuneralExperts.com, we believe protection and compassion go hand in hand. That’s why we offer:

✅ Impartial guidance to families

✅ Clear listings that align with the CMA Funeral Market Investigation Order 2021

✅ A platform for celebrants and funeral directors to serve transparently and ethically

If you’d like help reviewing your current compliance or joining our platform, feel free to contact us by telephone on 0800 087 886  or email us at info@funeralexperts.com