How to File a Funeral Home Complaint in West Virginia

If a funeral home in West Virginia overcharged you, performed procedures without your consent, misrepresented what was legally required, or handled remains improperly, you have a formal path to accountability. Two regulatory bodies handle funeral service complaints in West Virginia, with different jurisdictions and different types of relief they can provide.

Who Handles Funeral Home Complaints in West Virginia?

The West Virginia Board of Funeral Service Examiners (WVBFSE) is the primary licensing and disciplinary authority for all funeral directors, embalmers, crematories, and funeral establishments in the state. It enforces compliance with Title 6 of the West Virginia Code of State Rules and can impose disciplinary actions including fines, license suspension, and license revocation.

The Attorney General's Consumer Protection Division handles complaints related specifically to preneed funeral contracts — prearranged, prepaid funeral plans. Fraud, unauthorized withdrawals, failure to maintain required trust funds, or other misconduct in preneed sales falls under the AG's jurisdiction, not the WVBFSE.

For most families with a complaint arising from recent arrangements, the WVBFSE is the right starting point.

What Qualifies as a Reportable Violation?

You have grounds to file a complaint with the WVBFSE if a funeral home or licensed individual:

• Embalmed without consent: West Virginia law prohibits embalming without prior explicit authorization from the legally designated representative. The only exception is a documented 12-hour window of unsuccessful contact attempts. If the funeral home cannot produce that documentation, the embalming was unauthorized.
• Misrepresented legal requirements: Telling a family that embalming is legally required, that a casket purchase from the funeral home is mandatory, or that state law requires specific services when it does not — these are misrepresentations that may violate both WVBFSE regulations and the federal FTC Funeral Rule.
• Failed to provide itemized pricing: Under the FTC Funeral Rule (which the WVBFSE enforces alongside federal regulators), funeral homes must provide a General Price List on request in person. Refusing to do so or providing only package pricing is a violation.
• Charged for unauthorized services: Billing for services not included in the signed itemized statement is a breach of contract and a potential licensing violation.
• Handled remains improperly: Misidentification of remains, loss or damage to cremated remains, improper chain-of-custody documentation, or violations of sanitary handling requirements all fall under WVBFSE jurisdiction.
• Performed cremation without required permits: Cremating remains before the 24-hour waiting period, without the county medical examiner's permit, or without written authorization from the legally designated representative.
• Violated preneed contract terms: If a funeral home failed to maintain funds in a required trust, misappropriated preneed funds, or canceled a contract improperly — report both to the WVBFSE and the AG.

How to File a Complaint with the WVBFSE

Step 1: Gather your documentation

Before filing, collect everything you have:

• The General Price List (if you were given one)
• The itemized Statement of Funeral Goods and Services Selected
• Any signed contracts
• Receipts and invoices
• Written or text communications with the funeral home
• Names of any witnesses to conversations
• Dates and times of relevant interactions

Step 2: Write a formal complaint letter

Your complaint must be signed and in writing. The WVBFSE cannot initiate an investigation based on an anonymous tip or a phone call alone. Your letter should:

• State your full name, address, and contact information
• Identify the funeral home, its location, and the licensed individual(s) involved (by name if known)
• Describe the specific events in chronological order, with dates where possible
• State clearly what law or rule you believe was violated
• List the names and contact information of any witnesses
• Attach copies (not originals) of supporting documents

Be factual and specific. Avoid emotional language — the Board is looking for documented violations, not characterizations of intent.

Step 3: Submit to the WVBFSE

Mail your signed complaint and supporting documents to:

West Virginia Board of Funeral Service Examiners
179 Summers Street, Suite 305
Charleston, WV 25301

Phone: (304) 558-0302
Website: wvfuneralboard.wv.gov/enforcement

Step 4: What happens after you file

Once your signed complaint is received, the Board releases a summary of the allegations to the funeral home or licensed individual being investigated. This initiates a formal inquiry. The Board may request additional information from you, interview the respondent, and review records.

Disciplinary actions available to the Board include:

• Formal letter of reprimand
• Mandatory remedial training or supervision
• Monetary fines
• Probationary license status
• License suspension
• License revocation

All disciplinary actions are publicly recorded to maintain industry accountability. This means the complaint — and the outcome — becomes part of the permanent public record of the licensee.

One important caveat: Historical reviews of the Board's performance have noted that complaint investigations can sometimes extend beyond the 18-month target without formal written extensions. If your complaint is not moving, contact the Board for a status update in writing and keep copies of your correspondence.

Filing a Complaint with the FTC

The Federal Trade Commission enforces the Funeral Rule nationally and accepts complaints online at ftc.gov/complaint. The FTC does not resolve individual consumer disputes or recover money for specific complainants, but it uses complaint data to identify systemic violators and pursue enforcement actions. Filing with the FTC in addition to the WVBFSE is appropriate when the alleged violation involves the price list requirements, misrepresentation of legal mandates, or casket handling fees.

Filing a Complaint for Preneed Contract Problems

If your complaint involves a prepaid funeral plan — a preneed contract — the jurisdiction shifts:

Attorney General Consumer Protection Division
Phone: 1-800-368-8808
Website: ago.wv.gov/consumer-protection/preneed-funeral-contracts

Preneed contracts are regulated under West Virginia Code Chapter 47, Article 14. Every seller must hold a Certificate of Authority from the AG's office. Funds must be deposited into protected trust accounts or backed by specialized insurance within statutory timeframes. If you believe preneed funds were misappropriated, not returned upon contract cancellation, or improperly managed, the AG is the right agency.

Civil Claims: When Regulatory Complaints Are Not Enough

A disciplinary action by the WVBFSE punishes the funeral home's license but does not compensate you financially. If you paid for services that were not rendered, were billed for unauthorized procedures, or suffered other quantifiable financial harm, you may have a civil claim in addition to the regulatory complaint.

For unauthorized embalming in particular, civil courts have found that the unauthorized touching of a body — a form of battery — can support a damages claim. Consult a West Virginia attorney about whether the specific facts of your situation support litigation.

For smaller amounts, Magistrate Court (West Virginia's small claims court) handles claims up to $10,000 without requiring an attorney.

Knowing how to push back when a funeral home crosses a line is part of protecting your family. The West Virginia Funeral Rights & Estate Protection Toolkit includes consumer rights checklists, FTC negotiation scripts, and contact information for every relevant regulatory body.

See more West Virginia guides →