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Office of Consumer Affairs

Consumer Factsheet

Mail/Telephone orders
 

 

 

Mail/Telephone Order Merchandise Rule

 
 

This rule applies to most goods a consumer orders from a merchant by mail, telephone, fax, or on the Internet.  Merchants are required to ship mail-order products within 30 days of receiving a completed order unless a longer time is clearly specified in advertisements or catalog listings. There is one exception to the 30-day rule: if a company does not promise a shipping time, and you are applying for credit to pay for your purchase, the company has 50 days to ship after receiving your order.

For orders that cannot be shipped on time, the merchant must seek the consumer’s consent to the delay.  The consumer must have sufficient advance notification to make a decision to agree to no more than a 30 day delay or cancel the order.  The “delay” notice must include a revised shipment date, a statement that if the consumer chooses not to wait, the consumer can cancel the order and obtain a full refund.

Or instead of seeking the consumer’s consent to delay, the merchant can always cancel the order and send a refund.  In this case, the business must notify the consumer and send the refund within the time you would have sent any delay notice.

If the Merchant is Unable to Meet the Revised Shipping Date..

Then the consumer is sent a second notice with a reason for the delay, and a statement that if the consumer agrees to the indefinite delay, the consumer may cancel the order any time until the merchant ships the merchandise.

When Must the Merchant Cancel an Order

  •  The consumer exercises any option to cancel before the merchandise is shipped.  If paid by cash, check, or money order, the merchant must refund within seven (7) business days after the order is cancelled.  If paid by credit, the merchant must credit the consumer’s account within one billing cycle after the order is cancelled.

  •  The merchant has not shipped or provided the required delay or renewed option notices on time.

  • A consumer does not respond to the merchant’s notice of a definite revised shipment date of more than 30 days.

  • The merchant will never be able to ship the merchandise.

 
   

Need Information?    Need to File a Complaint?
 

Summit County Office of Consumer Affairs
175 South Main Street, Suite 209
Akron, OH 44308
Website: www.co.summit.oh.us/conaffairs.htm
Email: consumeraffairs@summitoh.net
Phone: (330) 643-2879