Questions & Answers

What is the Mail or Telephone Order Merchandise Rule?

According to the Mail or Telephone Order Merchandise Rule, you must have a reasonable basis for stating or implying that a product can be shipped within a certain time. If your ad doesn't include a shipping statement, you must have a reasonable basis to believe you can ship within 30 days. If you...

What is the Mail, Internet, or Telephone Order Merchandise Rule?

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. If you make no shipment statement, you must have a reasonable basis for believing that you can ship within 30 days. That is why direct marketers...

What is the Mail, Internet, or Telephone Order Rule?

What is unordered merchandise according to the Mail, Internet, or Telephone Order Merchandise Rule?

Whether or not the Rule is involved, in any approval or other sale you must obtain the customer’s prior express agreement to receive the merchandise. Otherwise the merchandise may be treated as unordered merchandise. It is unlawful to: 1. Send any merchandise by any means without the express...

What later notices must say according to the Mail, Internet, or Telephone Order Merchandise Rule?

If you cannot ship the merchandise by the definite revised shipment date included in your most recent delay option notice, before that date you must seek the consent of your customers to any further delay. You must do this by providing customers a "renewed" delay option notice. A renewed delay...

What Later Notices Must Say according to the Mail, Internet, or Telephone Order Rule?

What Rules must a Company Follow if it Sells Products via Mail Order?

Truth-in-advertising standards - including that companies must have proof to back up express and implied claims made about its products - apply to mail order marketers. In addition, the FTC's Mail or Telephone Order Merchandise Rule ("Mail Order Rule") applies when a consumer places an order by...

What the Mail, Internet, or Telephone Order Merchandise Rule does Not Cover

The following sales are exempt from the Rule: • magazine subscriptions (and similar serial deliveries), except for the first shipment; • sales of seeds and growing plants; • orders made on a collect-on-delivery basis (C.O.D.); and, • transactions covered by the FTC’s Negative Option Rule (such as...

What the Rule does Not Cover according to the Mail, Internet, or Telephone Order Rule?

The following sales are exempt from the Rule: magazine subscriptions (and similar serial deliveries), except for the first shipment; sales of seeds and growing plants; orders made on a collect-on-delivery basis (C.O.D.); and, transactions covered by the FTC’s Negative Option Rule (such as book and...

What you must do if you learn you cannot ship on time according to the Mail, Internet, or Telephone Order Merchandise Rule?

When you learn that you cannot ship on time, you must decide whether you will ever be able to ship the order. If you decide that you cannot, you must promptly cancel the order and make a full refund. If you decide you can ship the order later, you must seek the customer’s consent to the delay. You...

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