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 option notice is similar in many ways to the first delay option notice. One important difference: the customer’s silence may not be treated as a consent to delay.
A renewed delay option notice must include:
- a new definite revised shipment date or, if unknown, a statement that you are unable to provide any date;
- a statement that, if the customer chooses not to wait, the customer can cancel the order immediately and obtain a full and prompt refund;
- a statement that, unless you receive notice that the customer agrees to wait beyond the most recent definite revised shipment date and you have not shipped by then, the customer’s order automatically will be cancelled and a prompt refund will be provided; and
- some means for the customer to inform you at your expense (e.g., by providing a postage prepaid reply card, toll-free telephone number, or website) whether the customer agrees to the delay or is canceling the order.
- the following information when you cannot provide a new definite revised shipping date:
- the reason for the delay, and
- a statement that, if the customer agrees to the indefinite delay, the customer may cancel the order any time until you ship.
If you have provided an appropriate and timely delay option notice and the customer agrees to an indefinite revised shipment date, no additional delay notices are required.
For more information, see here: https://www.ftc.gov/tips-advice/business-center/guidance/business-guide-ftcs-mail-internet-or-telephone-order
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