buying guide
Order Never Arrived? The FTC's 30-Day Rule and Your Rights
Online sellers must ship on time or give you a choice to cancel for a refund, and a gift card does not count. Here is the rule and the steps to take.
By DealsDMV Team · · 4 min read
If you order something online and it does not arrive, the seller has duties under a federal rule, and a gift card is not a valid way to settle it. The Federal Trade Commission's (FTC) Mail, Internet, or Telephone Order Merchandise Rule says a seller must ship within the time it promised or, if it promised nothing, within 30 days of receiving a properly completed order. If it cannot, it has to offer you a choice: wait, or cancel for a prompt refund.
If the seller can't ship, you're owed a refund, not a store credit.
This is general information drawn from the FTC's own pages, not legal advice. Here is what the rule says, what your options are and how to protect yourself.
What a seller has to do
The FTC's business guide sets out the main duties:
| Situation | What the seller must do |
|---|---|
| The ad or order names a shipping time | Have a reasonable basis to meet it |
| No shipping time is named | Be able to ship within 30 days of a properly completed order |
| The seller can't ship on time | Promptly offer you a choice to consent to the delay or cancel for a refund |
| The new date is 30 days or less and you stay silent | Silence can count as consent |
| The new date is more than 30 days away, or no date is given | The order is cancelled automatically unless you consent |
| The seller will never ship | Cancel and refund |
A few more details from the guide:
- The seller must give you a free way to respond to a delay notice, and you should not have to ask for the choice.
- Refunds cannot be store credit, credit vouchers or scrip.
- Where nothing ships, the refund covers the full amount, including shipping and handling.
- Refunds are generally due within seven working days. If you paid on the seller's own credit account, it is within one billing cycle.
- A seller cannot swap in a materially different product without your clear agreement.
- Sellers must keep records to show they follow the rule. If they can't, they bear the burden of proof.
The rule covers merchandise ordered by mail, internet or telephone, however you pay and however the order was solicited. It does not cover services, seeds and growing plants, magazine subscriptions after the first shipment, C.O.D. orders and a few other categories. The FTC's page lists civil penalties of up to $53,088 per violation.
What to do when an order doesn't show up
The FTC's consumer page gives a clear order of steps.
- Contact the seller first. The FTC says most businesses will work with you to fix it. Ask for a refund or a firm shipping date.
- Check what you were promised. Look at the order confirmation and any delay notice. Remember the 30-day default if no date was given.
- Ask for a refund, not credit. If the seller doesn't ship, you are owed a full refund, not only a gift card or store credit.
- Dispute the charge if the seller won't help. For credit cards, the FTC says to dispute in writing within 60 days of the first statement that shows the charge. Send the letter to the billing-disputes address on your statement, not the payment address.
- Know what happens next. The issuer must acknowledge your dispute within 30 days and resolve it within two billing cycles, and no more than 90 days. You do not have to pay the disputed amount during the investigation, but you do have to pay the undisputed part.
- Be careful with debit cards. The FTC says debit card protections are weaker, and you may not get a refund for non-delivery. Call your bank as soon as you notice, then follow up in writing.
- Keep records. Save the order, the promised dates, confirmations, tracking numbers and every message with the seller.
- Report suspected scams. The FTC points to ReportFraud.ftc.gov.
If you are past the 60-day window, the FTC says you are likely outside the standard protection, though some issuers may extend the period for delayed shipments. In that case send a letter with proof of the expected and actual delivery dates.
How to avoid the problem in the first place
These are habits of mine, not FTC wording:
- Use a payment method you can dispute. We explain why in the payment method scammers ask for gives them away.
- Screenshot the listing, including any stated shipping time.
- Be cautious about sellers with no contact details or no clear policy. Our guide to spotting fake reviews helps with that.
- Where you can, pick up in person. Nothing can fail to arrive if you collect it yourself. Around the DC, Maryland and Virginia area, many sales can be collected and inspected before you pay.
The latest FTC data shows how common trouble is: consumers reported $15.9 billion in fraud losses in 2025, and online shopping was the second most commonly reported fraud category in 2024. See our summary in $15.9 billion lost to scams.
For how DealsDMV handles delivery, pickup and payment, read the help page. It is the source of truth for the shop's own policies, rather than this article.
The bottom line
A seller must ship on time or give you the choice to cancel for a prompt refund. It cannot force a gift card on you. If it fails, contact the seller, put your request in writing and, if needed, dispute the charge within 60 days if you paid by credit card.
If a friend is waiting on an order that has gone quiet, send them this and tell them to check the date.
Sources
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