The 30-Day Shipping Rule Decoded: Your Rights (and Seller Duties) Under the FTC Order Rule
What the “30-Day Shipping Rule” actually requires
The FTC’s Mail, Internet, or Telephone Order Merchandise Rule (often called the 30-day shipping rule) governs how merchants advertise availability, promise shipping times, handle delays, and issue refunds for orders placed by mail, phone, fax, or online. The core idea is simple: if a seller states a ship date, they must have a reasonable basis for it and must ship on time. If they do not state a date, they must ship within 30 days. If they cannot, they must notify the buyer, offer a choice (wait or cancel), and give a prompt refund if the buyer cancels (or fails to consent when consent is required).
The Rule applies to most consumer merchandise orders. It does not regulate carrier transit times after shipment; it regulates the ship-by commitment, delay notices, and refunds. It also bars “phantom availability,” meaning sellers cannot take orders they know they cannot fill within the stated or default time frame.
Quick Guide (English)
- If a date is stated: Seller must ship by that date (and have a reasonable basis for the promise).
- If no date is stated: Seller must ship within 30 days of receiving the order.
- Delay notice: If seller can’t ship on time, they must send a delay option notice before the original deadline, with a new date or an “unknown” statement, plus the right to cancel for a full refund.
- Consent rules: If the first delay gives a definite new date, silence may count as consent until that date. If the first delay has no definite date, the seller must get your affirmative consent to wait; otherwise cancel and refund.
- Second (or later) delays: The seller must obtain your affirmative consent each time, or cancel and refund.
- Refund timing: Cash/check/money order → 7 working days; credit card → one billing cycle to post a credit.
- No store credits unless you choose them. Refund means money back (or charge reversal).
Scope: when the Rule applies — and what counts as “shipping”
The Rule covers orders placed by mail, telephone, fax, or internet for consumer merchandise. It also covers orders taken in person where the goods will be shipped later (typical for special orders), if the seller’s performance depends on shipment at a future time.
- “Ship” means handing the goods to the carrier or otherwise tendering them for delivery to the buyer by the promised date.
- The Rule permits different timelines per item in a mixed order; a seller may ship partials if disclosed and not misleading.
- It does not govern service-only contracts, custom work with clearly extended timelines (so long as promises have a reasonable basis), or situations where the buyer agrees to pickup rather than shipment.
Making shipping promises: the “reasonable basis” requirement
A seller must have a reasonable basis for any promised ship date. That means documented supply, production, and logistics capacity sufficient to meet demand as advertised. Phrases like “usually ships in 24 hours” or “ships in 2–3 weeks” are promises: if the seller cannot meet them, they must initiate the delay procedures outlined below. If no promise is stated, the default is ship within 30 days.
Delay mechanics: what notices must say and when to send them
When the seller learns that timely shipment is impossible, the Rule requires a delay option notice to the buyer before the original ship deadline expires. The notice must:
- Explain the reason for the delay (briefly is fine).
- Provide a new definite date or state that the time is unknown.
- Offer a clear choice: wait for the new date (or for an unknown date) or cancel for a full refund.
- Tell the buyer how to respond and the deadline to respond.
Consent rules (first vs. later delays)
- First delay with a definite new date: The seller may treat the buyer’s silence as consent to the new date, provided the delay notice clearly states this and the buyer is given a real opportunity to cancel.
- First delay with no definite new date: The seller must obtain the buyer’s affirmative consent (e.g., “reply YES”) to continue waiting. If the buyer does nothing, the seller must cancel and refund.
- Any second (or further) delay: The seller must obtain affirmative consent, even if a new definite date is provided. Silence can’t be treated as consent after the first delay.
“Graphics” info — delay workflow
| Situation | What seller must do | Customer response needed? | If no response |
|---|---|---|---|
| First delay; definite new date | Send delay option notice with new date + right to cancel | Optional (buyer may cancel) | Silence = consent to new date |
| First delay; date unknown | Send delay option notice stating “unknown” + right to cancel | Yes (affirmative consent to wait) | Seller must cancel & refund |
| Second or later delay | Send new delay option notice | Yes (affirmative consent to each new delay) | Seller must cancel & refund |
Refunds: timing, method, and no “store credit only” tricks
If the buyer cancels (or if the seller fails to obtain required consent), the seller must issue a prompt refund of all payments for the undelivered merchandise. The Rule specifies timing by payment method:
- Cash / check / money order: refund within 7 working days of the cancellation or deadline lapse.
- Credit card: transmit a credit to the card issuer within one billing cycle (so it appears on the next statement).
Refund means money back (or charge reversal). The seller cannot force store credits unless the buyer agrees. If a partial shipment was delivered, the refund applies to the undelivered portion unless the buyer elects to cancel the entire order and return delivered items when permitted by policy or law.
Practical compliance for sellers
- Inventory reality check: keep purchase orders, factory capacity records, and carrier SLAs that show a reasonable basis for stated ship times.
- Dynamic checkout messages: if a product is back-ordered, don’t show “ships today.” Show an estimated ship window and record the estimate source.
- Automate delay notices: when a promised ship date won’t be met, trigger the correct delay template (definite vs. unknown) and track responses.
- Consent tracking: keep logs of opt-ins (email/SMS/click) with timestamps to prove affirmative consent for unknown or second delays.
- Refund SLAs: configure payment gateways to push credits automatically on day 7 (cash/check) or within one billing cycle (card).
- No prechecked boxes: do not precheck “I agree to delays” for the first unknown or any subsequent delays — the Rule requires real consent.
“Graphics” info — refund timing cheat sheet
| Payment type | Refund deadline | Form of refund |
|---|---|---|
| Cash / check / money order | Within 7 working days | Cash/check refund or equivalent electronic transfer |
| Credit card | One billing cycle to appear as a credit | Credit memo to issuer (no fee, no store credit requirement) |
Consumer playbook: what to do if an order is late
- Check the promise. Was a ship date shown at checkout or in email? If not, the default is 30 days from the order date.
- Look for a delay notice. If the seller missed the deadline, they should have sent a delay option notice. If they didn’t, you may cancel and demand a prompt refund under the Rule.
- Decide whether to wait. If the notice includes a definite new date and it’s the first delay, you can do nothing and be deemed to consent to that date. If the delay is unknown, the seller needs your affirmative “YES” to keep the order. No response → they must refund.
- Document everything. Save order confirmations, screenshots, and the delay notice. If you cancel, keep a record of the cancellation and the method you used.
- Escalate if needed. If a refund doesn’t arrive within the Rule’s timing, dispute the charge with your card issuer and consider complaints to the FTC and your State AG. Small claims court is also an option for modest losses.
“Graphics” info — timeline example
| Day | Event | Seller’s duty |
|---|---|---|
| 0 | Order placed; no ship date shown | Default deadline = Day 30 |
| 28 | Seller realizes it cannot ship by Day 30 | Send delay option notice before Day 30 |
| 30 | Original deadline | If no notice or no consent (as required) → cancel & refund |
| 37 | Buyer cancels | Refund by Day 44 (7 working days) or credit within one cycle |
Edge cases & common pitfalls
- “Preorder” disclaimers: Labeling something a preorder does not waive the Rule. If you do not know when you can ship, use an unknown-date delay notice and obtain affirmative consent.
- “Business days” vs. calendar days: Refund timing uses working days for non-credit refunds. Shipping deadlines use calendar days unless you promised business days specifically.
- Bundled orders: If an accessory is ready but the main item is delayed, do not ship the accessory simply to claim “partial shipment.” You must still follow proper delay/consent rules for undelivered items.
- Marketplace sellers: Even if an external platform processes payments, the merchant of record must meet Rule obligations.
- Store credit policy: “Refunds issued as store credit” cannot override the Rule. Offer it as an option, not a requirement.
FAQ (English)
1) Does the Rule force overnight delivery?
No. It requires shipment by the promised date (or within 30 days if no date). Transit speed is governed by the shipping method you selected, not the Rule itself.
2) I paid with a gift card. Do I still get a refund?
Yes, you are entitled to a prompt refund. The method may depend on the platform (e.g., original payment method or cash equivalent), but the seller cannot impose a store-credit-only policy if you cancel or they fail to ship on time.
3) The seller keeps sending monthly “We’re trying” emails with no date. Is that allowed?
Not after the first delay. Subsequent delays require your affirmative consent each time. Without it, the seller must cancel and refund.
4) Can a seller charge my card before shipping?
Charging is allowed, but the Rule’s refund deadlines still apply if shipment is not made on time and you cancel (or the seller fails to obtain required consent). Card-network rules may also encourage authorization holds rather than capture until shipment.
5) My order had multiple items and one shipped. Can I cancel the rest?
Yes. You may cancel undelivered items after a missed deadline or when you decline a delay option. The seller must refund for the undelivered portion as required by the Rule.
6) Are custom-made products exempt?
No general exemption exists. Sellers of custom items must still have a reasonable basis for any stated ship times and must use the Rule’s delay/consent/refund procedures if timelines slip.
7) The seller promised “ships in 24 hours” but printed a tiny disclaimer elsewhere. Which controls?
The net impression of the ad controls. A prominent “ships in 24 hours” claim requires a reasonable basis and on-time shipping; a buried disclaimer won’t cure a misleading promise.
8) What if I never received a delay notice at all?
Then the seller is in violation if it missed the promised/default deadline. You may cancel and demand a prompt refund. Consider also a chargeback and complaints to the FTC/State AG.
9) The seller says they refunded, but my statement doesn’t show it.
Credit card refunds can take up to one billing cycle to appear. If it does not appear by the next statement, contact your issuer and dispute the charge with your documentation.
10) Do back-ordered subscription boxes fall under the Rule?
Yes, as to each shipment promised. For ongoing plans, sellers should disclose realistic ship windows and comply with delay/consent/refund rules whenever a shipment is not made on time.
Legal/technical base (English)
- 16 C.F.R. Part 435 — Mail, Internet, or Telephone Order Merchandise Rule: governs stated shipping times, default 30-day shipment if no time is stated, delay option notices, consent standards, and prompt refunds.
- Reasonable basis for ship claims at the time they are made; no phantom availability.
- Delay notices:
- First delay with definite new date → silence may equal consent until that date.
- First delay with unknown date → affirmative consent required; else cancel/refund.
- All subsequent delays → affirmative consent required each time.
- Refund timing: 7 working days for cash/check/money order; one billing cycle for credit cards; refund means money back (not mandatory store credit).
- Recordkeeping: sellers should maintain documentation supporting promises, notices, consents, refunds, and shipment dates.
Conclusion
The FTC’s Mail, Internet, or Telephone Order Rule is your baseline protection against “sold out, still waiting” frustration. If a seller promises a date, they must ship by then—or, if they cannot, they must tell you promptly, offer a real choice, and provide a fast refund if you do not consent. Understanding the consent rules (silence allowed only for the first, definite delay), the 30-day default, and the refund clocks gives both consumers and merchants a clear playbook for compliant e-commerce and mail orders.