If a U.S. online seller misses a promised date, first identify what that date actually covered. "Ships by" normally concerns the seller's shipment date. "Arrives by" concerns delivery, while an "estimated arrival" may be only an estimate. Save the exact wording from the product page, checkout screen, order confirmation, and tracking record before those details change. Then decide whether to consent to a revised date or cancel the order in writing.

The FTC's Mail, Internet, or Telephone Order Merchandise Rule generally applies to merchandise ordered by mail, internet, or telephone. It requires the seller to have a reasonable basis for its shipping representation and generally requires a delay notice when the seller cannot ship on time. If merchandise wasn't delivered as agreed and you paid by credit card, a separate written billing-error process may also be available.

This is general information for U.S. consumers, not legal advice.

Start by identifying the missed deadline

The wording at checkout can change what you should do next:

Seller's wording What to check
"Ships by" a stated date Whether the seller actually shipped by that date. A later carrier delay is a different issue.
"Arrives by" or "delivery by" a stated date Whether the wording was an estimate or a firm promise, and what the order terms and applicable state law say.
"Usually ships in" a stated period Whether the language was a clear shipping representation and whether it listed exceptions.
No shipping time was stated The FTC rule generally uses a 30-day shipping baseline after the seller receives the order.
Preorder, backorder, or custom product The product page and order terms may contain a separate timing disclosure.

The federal rule mainly addresses when the seller ships merchandise. It may not by itself decide whether an arrival promise was binding. If the seller shipped on time but the carrier delivered late, the FTC shipping deadline may not require a cancellation or refund. The seller's terms, a marketplace policy, the contract, and state law may then matter.

What the FTC Mail Order Rule requires

The rule in 16 CFR 435.2 covers merchandise sold through mail, telephone, or internet orders. In general, the seller must have a reasonable basis to expect that it can ship within the time clearly stated in its offer. If no shipping time is stated, the general baseline is 30 days after the seller receives the order.

If the seller can't ship within the applicable period, it generally must send a clear delay notice. Depending on the circumstances, the notice may need to:

The rule treats different delays differently. For a revised shipping date no more than 30 days after the original applicable date, the seller may in some circumstances treat silence as consent, but the notice must say so and give a response period. A revised date more than 30 days later generally requires express consent. If the seller can't give a definite date, the notice should explain that fact and provide the choices required by the rule. Later delay notices can have additional requirements.

Read the notice carefully and respond before any deadline it gives. Don't assume that silence always means acceptance or rejection.

The rule does not automatically guarantee:

A merchant's refund policy may provide more protection than the federal minimum. That policy doesn't replace a timely credit-card billing dispute when that payment route applies.

Steps to take after a seller changes the date

1. Preserve the original promise

Save or print:

Record the order date, promised date, revised date, and each contact with the seller. An order-status page can change after the fact, so a dated screenshot is useful.

2. Decide whether to consent or cancel

If the revised date still works, say in writing that you consent to the delayed shipment and identify the date you accept. Keep the seller's confirmation.

If you no longer want the order, use clear language such as, "I am canceling this order because the stated date was missed." Don't rely on a vague request for an update if your goal is cancellation. Ask for written confirmation and a refund.

Receiving a message that the date changed doesn't necessarily prove that you accepted the change. Whether the original agreement was modified depends on the order terms, the delay notice, your response, and applicable law.

3. Put the request in writing

Use the seller's customer-service channel, email, or another method that creates a record. You can adapt this message:

Subject: Order [number] - missed promised date and cancellation request

I ordered [item] on [date]. The checkout page or order confirmation stated: "[exact wording]." The stated date has passed, and I do not consent to the revised delay. I am canceling the order and request confirmation of the cancellation and refund. If you contend that the order shipped, please provide the actual ship date and carrier tracking information.

If you want to keep the order, replace the cancellation sentence with a request for a definite revised ship date and a statement that you will decide whether to accept it.

4. Watch for the refund

Check the original payment account and keep the seller's cancellation confirmation. If the seller promises a refund but it doesn't appear, ask for the refund date, amount, and transaction reference in writing.

Don't close the card account or discard your records while the refund or billing dispute is pending.

If you paid with a credit card

The FTC's guidance on credit-card billing errors describes a separate route for charges involving merchandise that wasn't delivered as agreed or wasn't received. This process is not the same as asking the merchant for a refund.

To preserve the federal Fair Credit Billing Act process:

  1. Write to the card issuer at the billing-inquiries address shown on the statement, or at the address listed for billing disputes. Don't rely only on a telephone call, app message, or ordinary payment address.
  2. Make sure the issuer receives the dispute within 60 days after the first statement showing the error was sent to you.
  3. Identify the account, transaction date, amount, and seller.
  4. Explain that the merchandise was not delivered as agreed or was not received.
  5. Include copies of the order confirmation, promised date, cancellation request, tracking information, and the seller's response.
  6. Keep a copy of everything and proof of delivery.

The issuer generally must acknowledge the written dispute within 30 days unless it resolves the issue sooner. It must complete the investigation within two billing cycles and no later than 90 days after receiving the notice.

If you use the process correctly, the FTC says you don't have to pay the disputed amount or related finance charges while the investigation is pending. Continue paying the undisputed part of the bill and follow the issuer's instructions. If a late package eventually arrives, tell the issuer and describe the delivery facts accurately.

A debit card, prepaid card, payment app, bank transfer, or wire transfer doesn't automatically receive the same Fair Credit Billing Act treatment. Contact the provider promptly and ask which error, reimbursement, or transaction-reversal procedure applies. Don't assume that the credit-card 60-day rule protects every payment method.

What if the seller blames force majeure?

A seller may cite a carrier problem, supply shortage, weather event, labor disruption, or "force majeure." That label doesn't by itself show whether the seller shipped on time or followed the applicable delay-notice and refund process.

Ask the seller to identify:

A force-majeure clause may matter in a separate contract dispute. It doesn't by itself establish that you accepted a new date or answer whether the FTC delay-notice process applies.

What does not control an ordinary online merchandise order

Rules for construction, procurement, software development, subscriptions, consulting, and home-improvement work generally address different transactions. Don't assume that a construction notice period, project schedule, or service remedy controls a standard merchandise order.

The Mail Order Rule covers merchandise, not every service. For a service dispute, keep the signed agreement, change orders, invoices, service terms, and communications. The available cancellation, refund, and escalation options will depend on the contract, payment method, and applicable state law. An arbitration or forum term may also affect where the dispute is handled.

Escalation options

Use an escalation path that matches the problem:

  1. Seller: Send a clear written cancellation or revised-date request and keep the response.
  2. Marketplace: Open the platform's order dispute before its stated window closes. A marketplace guarantee is separate from federal law.
  3. Credit-card issuer: Send the written billing-error notice before the 60-day period expires if the purchase qualifies.
  4. State consumer-protection office: Check your state's attorney general or consumer agency for possible state-law remedies.
  5. Small claims or legal help: If the amount is significant and the seller refuses to resolve the matter, check your state's small-claims limits and filing rules. Contract terms may affect the available forum.

A complaint to a regulator can create a record of possible conduct, but it isn't a substitute for canceling with the seller or protecting a credit-card billing-dispute deadline.

Frequently asked questions

Can a seller change an online order's shipping date?

A seller may notify you of a delay, but that notice doesn't necessarily mean you accepted a new contract date. The effect depends on the notice, the length of the revised delay, the order terms, your response, and applicable law. Reply in writing if you don't agree to the new date.

Does a missed shipping date automatically entitle me to a refund?

When the seller can't meet the applicable shipping time, the FTC rule generally requires a delay notice that offers cancellation without charge and a prompt refund. The rule doesn't automatically award extra damages or make every late arrival a right to a refund.

Can I dispute the charge with my credit-card issuer?

You may have a billing-error claim when merchandise wasn't delivered as agreed or wasn't received. The issuer must receive your written notice within 60 days after the first statement showing the error was sent to you. Approval isn't automatic, so include clear evidence.

What if the seller says the order shipped but I never received it?

Ask for the actual ship date and tracking details, then document the missing delivery with the seller. If you paid by credit card, review the FTC's billing-error guidance and protect the 60-day written-notice deadline.

Does this rule cover a delayed software service or home-improvement project?

The Mail Order Rule is for merchandise. A delayed service, subscription, construction project, or home-improvement job is controlled by different contract terms and laws, so don't assume that the 30-day shipping rule or its refund process applies.

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