The law in one breath
Since 1975, a federal rule has spelled it out: when you order something remotely — by mail back then, online today — the seller must ship it when they promised, or within 30 days if they never gave a date. If they can’t, they must tell you, offer you a new date, and give you the choice to cancel for a full refund — a real refund, not endless “it’s coming” emails. The FTC’s Mail, Internet, or Telephone Order Merchandise Rule is the federal floor under every online order you place, and the reason “we’ll get to it eventually” has never been a legal answer.
Type
Federal trade rule
Since
1975
Enforced by
The FTC
Protects
Every remote order
The Story Behind the FTC Mail Order Rule
It started decades before the internet — with catalogs, checks in envelopes, and packages that never came.THE 1970sMail-order shopping booms — and so do complaints. People send money to companies they’ll never meet, wait months, and have no leverage when nothing arrives. The Federal Trade Commission decides remote sellers need enforceable shipping obligations.
1975The FTC issues the Mail Order Merchandise Rule (in force from February 1976): ship when you say, or within 30 days if you didn’t say; notify buyers of delays; refund when you can’t perform. The basic deal that still governs today is set in place.
1993Phone orders explode, so the rule expands to cover them — becoming the Mail or Telephone Order Merchandise Rule. The principle stays identical: the medium changes, the seller’s promise doesn’t.
2014The FTC updates the rule for the obvious reason: everyone shops online now. Renamed the Mail, Internet, or Telephone Order Merchandise Rule, it formally covers internet orders — every cart, every checkout, every “confirm purchase” tap.
TODAYThe rule quietly disciplines millions of transactions a day. When a store emails “your order is delayed, reply to keep it or cancel for a refund” — that email isn’t kindness. It’s this rule working.
What the Rule Actually Requires
Three obligations, in plain English:
1. Ship on time. A seller must have a reasonable basis to believe they can ship within the time they advertise (“ships in 2 days”). If they never state a time, the default deadline is 30 days from your completed order.
2. Confess delays — and hand you the exit. If the seller can’t meet the deadline, they must notify you, give a revised date, and offer the choice: agree to wait, or cancel for a prompt full refundPrompt refund: under the rule, generally within 7 working days for orders paid by cash, check, or money order — and within one billing cycle for credit purchases.. Silence from you isn’t unlimited consent, either — long delays require your express agreement or your money back.
3. Refund for real. When cancellation happens, the refund must be prompt and complete — not store credit you didn’t ask for, not a gift card, not a coupon for a future order.
“The Rule requires that when you advertise merchandise, you must have a reasonable basis for stating or implying that you can ship within a certain time.”— The FTC’s business guidance on the Rule
What the FTC Mail Order Rule Means for You
✓ BECAUSE OF THIS RULE
- “Ships in X days” is a legal commitment, not a rough guess
- No stated date = 30-day deadline by default
- Delays require notice, a new date, and a cancel-for-refund option
- Refunds must be prompt and full — not store credit
- The FTC can and does fine violators — real money, real cases
✗ THE RULE DOESN’T MEAN
- You personally sue under it — the FTC enforces; you use it as leverage and complaint fuel
- It covers delivery theft — it governs the seller’s shipping promise; missing-delivery fights have their own playbook
- Every purchase counts — some categories (like magazine subscriptions after the first issue, COD orders) sit outside it
- Instant refunds — “prompt” has defined windows, not same-second
Questions People Ask About the FTC Mail Order Rule
My order has said “processing” for weeks. Is that illegal?
If the seller stated a ship time, they’re bound to it; if they stated none, the 30-day clock applies. Past the deadline with no delay notice and no refund option, the seller is out of compliance. Practical move: message them citing the FTC Mail Order Rule, ask them to ship immediately or cancel with a full refund — sellers move fast when a customer names the rule.
The seller offered store credit instead of a refund. Can they?
Not when the rule requires a refund — cancellations under the rule get your money back the way you paid, promptly. Store credit is something you can choose to accept, never something they can impose. Decline it in writing and ask for the refund; if they refuse, that’s an FTC complaint and, for card payments, a chargeback.
Does the rule apply to preorders and made-to-order items?
Yes — that’s exactly why preorder pages state shipping windows (“ships March 2027”). The stated window is the promise; miss it, and the notify-and-offer-refund machinery kicks in. Custom and made-to-order goods follow the same logic with the seller’s stated timeline. What sellers can’t do is take money against a vague “eventually.”
How do I actually use this rule when a seller ignores me?
Three escalating moves. One: cite it by name in writing — “under the FTC’s Mail Order Rule, I’m requesting you ship now or cancel and refund in full.” Two: file the FTC complaint at reportfraud.ftc.gov (takes five minutes; the FTC uses complaint patterns to pick enforcement targets) and tell the seller you did. Three: if you paid by card, dispute the charge for goods not received under the Fair Credit Billing Act — your independent right that doesn’t wait for the FTC.
Has anyone actually been punished under this rule?
Repeatedly — it’s one of the FTC’s workhorse rules. Enforcement waves tend to follow shipping chaos: the agency brought a string of cases against online sellers over shipping failures during the pandemic-era delivery meltdowns, with civil penalties attached. Each order can carry serious per-violation fines, which is why legitimate retailers build their delay-notice emails around this rule’s exact requirements.
Key Terms in the FTC Mail Order Rule, Explained
Reasonable basis — the evidence a seller must actually have before advertising a ship time; hope is not a basis.
The 30-day default — the shipping deadline when no time was stated; the clock starts when your completed order (with payment) arrives.
Delay option notice — the required “keep waiting or cancel for refund” notice when a deadline will be missed.
Prompt refund — within 7 working days for cash, check, and ordinary credit card payments; one billing cycle only when the seller itself issued the credit.
Express consent — your actual agreement to a long delay; silence only stretches so far before refund becomes mandatory.
Civil penalty — the per-violation fines the FTC can seek from sellers who break the rule.
Laws Connected to the FTC Mail Order Rule
When the package says “delivered” but never arrivedThis rule governs the seller’s shipping promise — our full playbook covers the other half: what to do when tracking claims delivery and your porch says otherwise.Read more → The Fair Credit Billing ActThe partner statute: your right to dispute card charges for goods not delivered as agreed — the chargeback’s legal spine.Read more → Federal mail theft law (18 U.S.C. § 1708)Where the story turns criminal: stealing mail and USPS-delivered packages is a federal crime.Read more →What’s Still Moving
The edges to watch as of October 2026:
- Enforcement follows chaos — every shipping crisis (pandemic, port backlogs, holiday meltdowns) triggers a fresh FTC enforcement wave; sellers get reminded the hard way.
- Drop-shipping pressure — sellers who list items they don’t stock and can’t reliably ship are a growing enforcement target, since “reasonable basis” is exactly what they lack.
- Subscription and preorder models — new selling formats keep testing how the rule’s timing and consent requirements apply. The FTC’s answer so far: the deal is the deal.
Why this page exists: this rule protects you in practically every online order you’ll ever place, and almost nobody has heard its name. Most explanations are written for sellers’ compliance departments. This one is written for the person waiting on the package. Every requirement above comes from the rule itself — linked below so you can check us.
The Bottom Line on the FTC Mail Order Rule
Fifty years ago, catalog companies learned they couldn’t take your money and shrug — and the rule that taught them now sits under every checkout button on the internet. Ship when promised or within 30 days, confess delays honestly, hand over the refund when you can’t perform. Know it by name, cite it when a seller goes quiet, and “where’s my order?” stops being a plea and becomes a legal question with a deadline attached. Now you know.Your practical guidePackage says delivered but never arrived? →
The whole subjectExplore Know Your Rights →
The libraryBrowse all case & law files →
Sources
Primary sources:- 16 CFR Part 435 — Mail, Internet, or Telephone Order Merchandise Rule (full text) — ecfr.gov
- FTC — Business Guide to the Mail, Internet, or Telephone Order Merchandise Rule — ftc.gov
- ReportFraud.ftc.gov — file a complaint with the FTC — reportfraud.ftc.gov
LawJustic is for educational purposes only and does not provide legal advice. Rules and enforcement practices change. For a specific dispute, consider your state attorney general’s consumer protection office or a licensed attorney. Last reviewed: October 2026.