The FTC Mail, Internet, or Telephone Order Rule: when a seller has to ship your order

A deal is only a deal if the item actually arrives. When you order merchandise by mail, over the Internet, or by telephone, a Federal Trade Commission trade regulation rule sets the clock for shipment — and what the seller has to do if it cannot meet that clock.

What the rule covers

Part 435 of title 16 of the Code of Federal Regulations is titled "Mail, Internet, or Telephone Order Merchandise." 16 CFR 435.2, mail, Internet, or telephone order sales applies "in connection with mail, Internet, or telephone order sales in or affecting commerce" as the FTC Act defines commerce. It is an unfair method of competition, and an unfair or deceptive act or practice, for a seller to break the shipment and notice rules in that section.

The 30-day (or advertised) shipping clock

Under 16 CFR 435.2, mail, Internet, or telephone order sales(a)(1), a seller may not solicit an order for merchandise to be ordered by mail, via the Internet, or by telephone unless, at the time of the solicitation, the seller has a reasonable basis to expect that it will be able to ship any ordered merchandise:

• Within the time clearly and conspicuously stated in the solicitation; or
• If no time is clearly and conspicuously stated, within 30 days after receipt of a properly completed order from the buyer.

There is a credit-order exception in the same paragraph: where, at the time the merchandise is ordered, the buyer applies to the seller for credit to pay for the merchandise in whole or in part, the seller has 50 days, rather than 30 days, to perform those actions if no time was stated.

Revised dates and unexplained delays

The same section says a seller may not provide a revised shipping date unless, at the time that date is provided, the seller has a reasonable basis for making a representation about a definite revised shipping date. A seller also may not tell a buyer it is unable to make any representation about the length of a delay unless it has a reasonable basis for saying so and it tells the buyer the reason or reasons for the delay.

In an FTC action alleging a violation, failure to have records or other documentary proof of systems and procedures that assure shipment in the ordinary course of business within the applicable time is material to showing that the seller lacked a reasonable basis to expect timely shipment, under 16 CFR 435.2, mail, Internet, or telephone order sales(a)(4).

How to use this when you shop

Read the promised ship-by or delivery window before you pay. If none is stated, the default under the rule is 30 days after a properly completed order (50 days if you applied to that seller for credit when you ordered). If the seller later changes the date, ask for the reason and whether you can cancel. Keep the order confirmation. For other shopping rights on this site, see rain checks on advertised specials and how to claim a rebate.

This is a summary of the federal rule, not legal advice. The full text is in 16 CFR 435.1, 16 CFR 435.2, mail, Internet, or telephone order sales, and 16 CFR 435.3.

Published November 13, 2026. We do not use affiliate links on this page; see our Affiliate Disclosure.

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