FAILURE TO DELIVER MERCHANDISE SOLD BY MAIL, INTERNET OR TELEPHONE WITHIN PROMISED DELIVERY TIME TIME OR 30 DAYS, WHICHEVER IS SHORTER, VIOLATES FEDERAL LAW, UNLESS THE BUYER EXPRESSLY CONSENTS TO A DELAYED DELIVERY.
"Mail, Internet, or Telephone Order Merchandise Rule
16 CFR Part 435
Rule Summary
The Rule, issued in 1975, requires sellers who solicit buyers to order merchandise through the mail, via the Internet, or by phone to have a reasonable basis to expect that the sellers can ship within the advertised time frame, or, if no time frame is specified, within 30 days. The Rule also requires that, when a seller cannot ship within the promised time, the seller must obtain the buyer’s consent to a delay in shipping or refund payment for the unshipped merchandise.
For more information, see
Business Guide to the FTC's Mail or Telephone Order Merchandise Rule."
The Rule, issued in 1975, requires sellers who solicit buyers to order merchandise through the mail, via the Internet, or by phone to have a reasonable basis to expect that the sellers can ship within the advertised time frame, or, if no time frame is specified, within 30 days. The Rule also...
www.ftc.gov
"What You Must Do If You Learn You Cannot Ship on Time
When you learn that you cannot ship on time, you must decide whether you will ever be able to ship the order. If you decide that you cannot, you must promptly cancel the order and make a full refund.
If you decide you can ship the order later, you must seek the customer’s consent to the delay. You may use whatever means you wish to do this -- such as the telephone, fax, mail, or email -- as long as you notify the customer of the delay reasonably quickly. The customer must have sufficient advance notification to make a meaningful decision to consent to the delay or cancel the order.
Penalties
Merchants who violate the Rule can be sued by the FTC for injunctive relief, monetary civil penalties of up to $46,517 per violation (any time during the five years preceding the filing of the complaint), and consumer redress (any time during the three years preceding the filing of the complaint). When the mails are involved, the Postal Service also has authority to take action for problems such as non-delivery. State law enforcement agencies can take action for violating state consumer protection laws.
Enforcement details:
Introduction How to Comply With the Rule Questions and Answers About the Rule Where to Go For Help Part 435 -- Mail, Internet, or Telephone Order Merchandise Rule
www.ftc.gov
File An FTC Complaint (no lawyer required)
Learn how to file a complaint with the Federal Trade Commission.
https://www.ftc.gov/media/71268