Your online order is late: the FTC rule that gives you a refund option
Holiday shopping means more orders, and more "your order has been delayed" emails. Before you wait indefinitely, know that a federal rule sets the shipping timeline and what the seller has to offer you when it slips.
- A seller needs a reasonable basis to expect it can ship within the time it states, or within 30 days if it states no time (50 days if you apply to the seller for credit to pay).
- If it can't ship on time, it must offer you the option to consent to the delay or cancel for a prompt refund, without you having to ask.
- If the new date is more than 30 days past the original deadline, your order is treated as cancelled unless you agree to the delay or it ships within that window.
The baseline: ship when you said, or within 30 days
The FTC's 16 CFR 435.2, Mail, Internet, or Telephone Order Merchandise Rule says a seller can't solicit an order by mail, internet or phone unless it has a reasonable basis to expect it can ship "within that time clearly and conspicuously stated" in the offer, or, if no time is stated, "within thirty (30) days after receipt of a properly completed order." If you apply to the seller for credit to pay for the item, that default becomes 50 days.
When the seller can't make it
If the seller can't ship on time, it must offer you, "clearly and conspicuously and without prior demand," the option "either to consent to a delay in shipping or to cancel the buyer's order and receive a prompt refund." The offer has to come within a reasonable time after the seller learns of the problem and no later than the original deadline. It must give a definite revised shipping date, or say it can't estimate the delay.
Short delay vs. long delay
- New date 30 days or less past the deadline: the notice can say that if you don't cancel before the item ships and before the new date passes, you're treated as having agreed to the delay.
- New date more than 30 days out, or no date at all: the notice must tell you the order will be automatically treated as cancelled unless the seller ships within 30 days of the original deadline (with no cancellation from you first) or you specifically consent to the delay within that time.
What to do with a "delayed" email
- Find the shipping time promised at checkout and the date you ordered.
- Read the delay notice for a revised date and a cancel option. If neither is there, ask for both in writing.
- If you'd rather buy elsewhere, cancel in writing and keep a copy.
- If you paid by credit card and the item never arrives, see our guide to disputing a charge for an item you never received.
Related: holiday return policies and price adjustment policies.
General consumer information, not legal advice. Source: 16 CFR 435.2, Mail, Internet, or Telephone Order Merchandise Rule.
Published October 30, 2026. We do not use affiliate links on this page; see our Affiliate Disclosure.