What do I Need to Know about Mail and Telephone Orders?
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 can't ship when promised, you must notify the customer of the delay and the right to cancel. For definite delays of up to 30 days, you may treat the customer's silence as agreement to the delay. For longer or indefinite delays, and second and subsequent delays, you must get the customer's consent. If you don't, you must promptly refund all the money the customer paid you without being asked.
You can give updated shipping information over the phone if your Internet ad prompts customers to call to place an order. This information may differ from what you said or implied about the shipping time in your ad. The updated phone information supersedes any shipping representation made in your ad, but you still must have a reasonable basis for the update.
For more information, see here: https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/mail-internet-or-telephone-order
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