Consumer Rights for Mail Orders in the United States
US mail-order shoppers have specific legal protections that most people do not know about until something goes wrong. Here is a plain-English summary of what you are entitled to and how to enforce it.
Mail-order shopping has a dedicated regulatory framework in the United States, anchored by the FTC’s Mail Order Rule and supplemented by credit card protections established under the Fair Credit Billing Act. Together, these create a floor of consumer protection that applies whether you order by mail, phone, or internet.
The FTC Mail Order Rule: the basics
The Federal Trade Commission’s Mail, Internet, or Telephone Order Merchandise Rule has been in effect since 1975 and was updated in 2014 to explicitly cover internet orders. The core requirements are:
- The seller must ship merchandise within the time period they advertise, or within 30 days if no time is stated.
- If the seller cannot ship on time, they must send you an “Option Notice” offering you the choice to either consent to a new shipping date or cancel your order for a full refund.
- If you do not respond to the Option Notice, the seller must cancel your order and issue a full refund.
- If the seller still cannot ship by the new date, they must again notify you and give you another chance to cancel.
- Refunds must be issued promptly: within seven business days for credit card purchases, and within 30 days for other payment methods.
What the rule does and does not cover
| Covered by the Mail Order Rule | Not covered |
|---|---|
| Mail orders for physical goods | Photo processing, custom-made goods |
| Telephone orders for physical goods | Sales of seeds or plants by mail |
| Internet orders for physical goods | Magazine subscriptions |
| Prepaid subscriptions for physical products | Services (not goods) |
Your credit card rights: the Fair Credit Billing Act
The Fair Credit Billing Act (FCBA) gives credit card holders the right to dispute billing errors and, importantly, transactions where goods were not delivered or were substantially different from what was described. The key provisions for mail-order shoppers:
- You may dispute a charge for goods not received, goods returned, goods damaged on arrival, or goods materially different from what was described.
- You must make your dispute in writing to the card issuer within 60 days of the statement on which the charge appears.
- The card issuer must acknowledge your dispute within 30 days and resolve it within two billing cycles (not to exceed 90 days).
- You are not required to pay the disputed amount while the dispute is being investigated.
State consumer protection laws
Every state has consumer protection laws that generally prohibit deceptive or unfair business practices. These laws often go beyond federal requirements and may provide additional remedies including state enforcement action against fraudulent mail-order companies. Your state attorney general’s office typically maintains a consumer complaint service and has authority to pursue companies engaged in systematic fraud against state residents.
Where to file complaints
- FTC: ReportFraud.ftc.gov — the primary federal consumer fraud reporting portal
- USPS Postal Inspection Service: postalinspectors.uspis.gov — for mail fraud specifically
- State attorney general: Find your state’s consumer protection office through naag.org
- Better Business Bureau: bbb.org — not a government agency but maintains complaint records
Filing a complaint with the FTC does not itself resolve individual consumer disputes, but it contributes to a record that the FTC uses to identify patterns and take enforcement action. Individual disputes are most effectively resolved through direct communication with the seller and, if that fails, through your credit card issuer’s chargeback process.