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If an online seller moves a promised shipping date, don't assume you've agreed to wait. For merchandise orders covered by the federal rule, the seller must have had a reasonable basis for its original shipping promise. If it can't meet that promise, it generally must notify you without unreasonable delay and offer a choice: accept the delay or cancel for a prompt refund.

The first question is what the seller actually promised. "Ships by Friday" is different from "arrives by Friday," and the Federal Trade Commission's rule usually concerns shipment rather than delivery.

What the federal rule covers

The FTC's Mail, Internet, or Telephone Order Merchandise Rule, in 16 CFR Part 435, generally covers merchandise ordered online, by mail, or by telephone.

A seller must have a reasonable basis to believe it can ship within the time clearly stated in its advertising or order materials. A statement such as "ships within 72 hours" is a shipping representation. Words such as "estimated" or "usually" may make a promise less definite, so save the exact wording.

When no shipping time is stated, the rule generally requires shipment within 30 days after the seller receives a properly completed order. That means the seller has the information needed to process and ship the order, along with the required payment or payment authorization.

This 30-day period is about when the seller ships the merchandise, not when it reaches your address. If the seller hands the package to the carrier on time and the carrier delivers it late, the FTC rule may not resolve the whole dispute.

What a delay notice should say

A seller that can't meet its shipping representation generally must send a clear delay notice. The notice should tell you:

The effect of silence depends on the expected length of the delay:

An order-status page can help document what happened. The FTC describes it as a useful way to back up notification by another method, not as a reason to ignore direct notices. Save the page, email, letter, or other message you received.

"Ships by" is not the same as "arrives by"

Read the promise word for word:

If the seller shipped on time but the carrier delivered late, check the seller's delivery promise, shipping guarantee, and return policy. Part 435 isn't a blanket right to return every item that arrives late. Once the merchandise has shipped, cancellation and return options may depend on those terms and on other applicable law.

Does force majeure automatically extend the date?

No. A seller's reference to a supply-chain problem, severe weather, labor disruption, pandemic, or another force-majeure event doesn't by itself replace a promised shipping date.

A force-majeure clause may affect a contract dispute, but citing the clause isn't the same as giving the delay notice required for a covered order. Ask the seller for:

  1. A new shipping date, if one is available.
  2. A written explanation of whether the delay is definite or indefinite.
  3. Clear cancellation and refund instructions.
  4. Confirmation of whether silence will be treated as consent.

Keep both the original promise and the seller's explanation. The reason given after the order was accepted may not match the representation made when you bought the item.

What to do when the date changes

Save the original promise first

Keep the order confirmation, receipt, product-page and checkout screenshots, selected shipping option, relevant advertisement, tracking information, and every delay notice.

Make sure your records show:

Identify the deadline

Determine whether the seller promised shipment or delivery. If it made no shipping representation, count the federal 30-day period from receipt of the properly completed order. Preserve qualifiers such as "estimated," "expected," or "usually" instead of paraphrasing them.

Read the notice before responding

Look for the revised date, cancellation instructions, refund terms, any statement about silence, and the response deadline. If you never received a clear delay notice, contact the seller in writing and ask for the current shipping status and your cancellation options.

State your choice clearly

If you don't want to wait, say so directly:

Order number [number] was originally represented as shipping by [date]. I do not consent to the revised shipping date. Please cancel the order and issue the applicable refund. Please confirm the cancellation and refund in writing.

If you want to keep the order, ask the seller to confirm the revised shipping date and any other changed terms in writing.

Watch for the refund

A cancellation confirmation is not the same as money returned to your account. Save the confirmation, check the original payment method, and follow up in writing if the seller gives conflicting information or doesn't process the refund promptly.

Use the payment process that fits

A credit-card billing dispute is separate from the FTC shipping-delay procedure. The FTC's credit-card guidance says that, to use the billing-error process, the issuer generally must receive your written notice within 60 days after the first statement containing the error was sent.

The issuer generally must acknowledge the dispute within 30 days unless it has already resolved it, and generally must complete its investigation within 90 days. Include the order details, promised date, cancellation request, seller's response, and proof of the charge.

That 60-day billing-error deadline is not the seller's shipping deadline. It also does not automatically apply to debit cards, prepaid cards, ACH transfers, wire transfers, or peer-to-peer payments. Ask the provider for the procedure that applies to the payment rail you used, and do so promptly.

Escalate a pattern

For a single order, the seller and payment provider are usually the most direct contacts. If a company repeatedly advertises shipping times without a reasonable basis, keep the advertisements and delay notices. The FTC's penalty-offense information describes one federal enforcement tool, but an FTC report does not guarantee an individual refund. For a substantial loss or repeated conduct, a state consumer-protection office or qualified attorney may explain additional options.

Common questions

Can a seller change the promised date without asking me?

A seller can propose a revised date, but it generally can't rely on a silent change as an unlimited extension. It must follow the applicable delay-notice process. Express consent is generally required for a delay more than 30 days later or for an indefinite delay.

Does silence always mean I accepted the delay?

No. Silence may count as consent in certain shorter-delay situations only when the notice clearly says so and follows the rule's requirements. Don't assume that ignoring a notice accepts a longer or indefinite delay.

What if the seller never gave a shipping date?

The federal rule generally supplies a 30-day shipping period after the seller receives a properly completed order. That period concerns shipment, not arrival.

What if the item has already shipped?

Part 435 is not a general late-delivery return policy. Check the seller's cancellation and return terms, document the missed promise, and consider whether the charge may qualify for a credit-card billing-error dispute if the merchandise wasn't delivered as agreed.

Does a force-majeure clause remove my refund option?

Not automatically. The clause may affect the parties' contract dispute, but the seller's force-majeure explanation doesn't by itself replace the notice, consent, cancellation, and refund procedures for a covered merchandise order.

This is general U.S. consumer information, not legal advice. Save the original promise and delay notice before responding, then send one clear written message accepting the revised date or requesting cancellation and a refund.