Consumer rights · Situation
Online order never arrived? Shipping deadlines, refunds and disputing the charge
Updated By The editorial teamNot reviewed by an attorney — based on the official sources below
In short
Under the FTC's Mail, Internet, or Telephone Order Rule, a seller must ship within the time it advertised or, if it gave no time, within 30 days. If it can't, it must tell you before that deadline and give you the choice to agree to a delay or cancel for a prompt refund. If it does neither and doesn't ship, it must treat your order as cancelled and refund you — within 7 working days, or one billing cycle for card purchases. If you paid by credit card, goods not delivered as agreed are a billing error you can dispute in writing within 60 days of the statement.
Read on for the details, the exceptions and the sources.
In plain words
- Shipment
- When the seller physically hands the item to the carrier — not when it arrives at your door.
- Prompt refund
- Under the FTC rule, a refund sent within 7 working days, or within one billing cycle if you paid with credit.
- Billing error
- A charge on your credit card statement the law lets you dispute, including goods not delivered as agreed.
- Chargeback
- The informal name for getting a card charge reversed through your card issuer.
What the law says, briefly
The FTC's Mail, Internet, or Telephone Order Merchandise Rule (16 C.F.R. Part 435) applies to orders placed online, by mail or by phone. A seller may not take your order unless it reasonably expects to ship within the time it clearly stated, or within 30 days if it stated no time — 50 days if you applied to the seller for credit to pay (16 C.F.R. § 435.2(a)(1)). If it can't ship on time, it must, before the deadline, offer you the option to consent to a delay or to cancel and get a prompt refund, and give a definite revised shipping date or explain it can't (§ 435.2(b)(1)). If it fails to offer that option and doesn't ship within the deadline, it must treat the order as cancelled and promptly refund you (§ 435.2(c)(5)). A prompt refund means within 7 working days, or within one billing cycle for credit sales (§ 435.1(b)).
If you paid with a credit card, the Fair Credit Billing Act treats a charge for goods not delivered to you as agreed as a billing error (15 U.S.C. § 1666(b)(3)). In that case the card issuer may not treat the charge as correct unless it determines the goods were actually delivered, mailed or otherwise sent to you and tells you so (§ 1666(a)).
New York law adds a duty for online retailers to show their refund policy near the item or before you enter billing information (General Business Law § 218-a(1)(e)), and makes deceptive practices unlawful (§ 349).
What to check in your lease, contract or papers
- The order confirmation: order date, payment date and any promised shipping or delivery time.
- Shipping notices and tracking: when (or whether) the item was handed to the carrier.
- Any delay notice from the seller, and whether it offered you the option to cancel.
- How you paid: credit card, debit card, bank transfer, payment app or gift card — your dispute options depend on it.
- The seller's refund policy as shown on the site.
What to document
- Screenshots of the product page, the promised shipping time, and checkout.
- The order confirmation and receipt.
- Tracking history, with dates.
- Every message to and from the seller, including chat transcripts.
- Your card or bank statement showing the charge.
What to do, step by step
Check the deadline
Count from when the seller received your completed order and payment: the stated shipping time, or 30 days if none was stated (16 C.F.R. § 435.2(a)(1)).
Contact the seller in writing
Ask for the shipping status and say you want a refund if it can't ship now. If the seller offers a delay, you can refuse it and cancel.
Ask for the refund in writing
If the deadline passed with no shipment and no proper delay notice, the order must be treated as cancelled and refunded (§ 435.2(c)(5)).
Dispute a credit card charge
Send a written billing-error notice to the address your card issuer lists for disputes, so it arrives within 60 days after the first statement showing the charge (15 U.S.C. § 1666(a)).
Report it
File a complaint with the New York Attorney General, and keep your evidence in case you need small claims court.
What not to do
- Don't wait past 60 days from the statement to dispute a credit card charge.
- Don't rely only on phone calls; use e-mail, chat transcripts or letters.
- Don't agree to an open-ended delay unless you are willing to wait — although if you do, you keep a continuing right to cancel before the item ships (16 C.F.R. § 435.2(b)(1)(iii)).
- Don't assume a debit card, bank transfer or payment app has the same dispute rights as a credit card; ask your bank or app what it offers.
When to send a demand letter
Send one as soon as the shipping deadline has passed without the item or a proper delay notice, or when the seller has promised a refund that hasn't come. Cite the FTC Mail, Internet, or Telephone Order Rule, give your order number and date, and ask for a full refund by a specific date.
When to go to court
If neither the seller nor your card issuer resolves it, you can sue the seller in small claims court for the amount you paid. If the seller misled you about shipping or availability, a deceptive practices claim under General Business Law § 349(h) — actual damages or $50, whichever is greater — may be worth adding. Suing an out-of-state online seller can be harder, so a card dispute or complaint is often the faster route.
What evidence to keep
- Order confirmation and payment record
- Screenshots of promised shipping time
- Tracking history
- Messages with the seller
- Your billing-error notice and the issuer's replies
Furniture and appliances bought from a dealer
If you bought furniture or a major household appliance from a dealer, General Business Law § 396-u requires the dealer to write an estimated delivery date or range on your copy of the contract. If it can't deliver by the latest date, it must tell you of the delay and of your options — cancel for a full refund, cancel for a credit, agree on a new date, or choose other merchandise — and honor your choice; a refund is due within two weeks of your demand. A consumer injured by a violation can sue for three times actual damages or $100, whichever is greater. This section says it does not apply to mail order merchandise.
Figures that change
- Default shipping deadline when no time is stated: 30 days (50 days if you applied to the seller for credit) (as of 2026-10-30; FTC Mail, Internet, or Telephone Order Merchandise Rule, 16 C.F.R. § 435.2)
Frequently asked questions
How long does an online seller have to ship my order?
The time it clearly stated when you ordered, or 30 days if it stated none (50 days if you applied to the seller for credit) (16 C.F.R. § 435.2(a)(1)).
The seller keeps saying it's delayed. Do I have to wait?
No. When a seller can't ship on time, it must offer you the choice to accept the delay or cancel for a prompt refund (§ 435.2(b)(1)). You can cancel.
Tracking says delivered, but I never got it. What can I do?
Tell the seller in writing right away. If you paid by credit card, you can send a billing-error notice for goods not delivered as agreed; the issuer may treat the charge as correct only if it determines the goods were actually delivered, mailed or otherwise sent to you and explains that to you (15 U.S.C. § 1666(a)).
How fast must the refund come?
Within 7 working days, or within one billing cycle if you paid by credit (16 C.F.R. § 435.1(b)).
Want your own situation checked?
This page is general. Describe what happened, attach the letter or document you received, and get a free first answer — then, if you want, a full check against New York and federal law and a letter ready to send.
Check my situation — freeOfficial sources
This page was written from the sources below. “Checked” is the date the source was last opened and read.
- FTC Mail, Internet, or Telephone Order Merchandise Rule, 16 C.F.R. § 435.2 (opens in a new tab)Code of Federal Regulations (Cornell LII copy of the official eCFR text) · 16 C.F.R. § 435.2(a)–(c) · Checked: October 30, 2026Shipping deadlines, delay options, automatic cancellation and refund
- FTC Mail, Internet, or Telephone Order Rule — definitions, 16 C.F.R. § 435.1 (opens in a new tab)Code of Federal Regulations (Cornell LII copy of the official eCFR text) · 16 C.F.R. § 435.1(b), (e) · Checked: October 30, 2026Meaning of prompt refund and shipment
- Fair Credit Billing Act — correction of billing errors, 15 U.S.C. § 1666 (opens in a new tab)United States Code (Cornell LII copy of the official Office of the Law Revision Counsel text) · § 1666(a)–(b) · Checked: October 30, 2026Undelivered goods as a billing error; 60-day notice
- N.Y. General Business Law (opens in a new tab)New York State Senate — Open Legislation (official text of the Consolidated Laws) · § 218-a(1)(e); § 349(h); § 396-u · Checked: October 30, 2026Online refund policy notice, deceptive practices, furniture and appliance delivery
- File a complaint: Consumer issues — NY Attorney General (opens in a new tab)Office of the New York State Attorney General · Checked: October 30, 2026Complaints about online purchases
- Small Claims — New York State Unified Court System (opens in a new tab)New York State Unified Court System — CourtHelp · Checked: October 30, 2026Small claims court
Related questions
- How long do I have to dispute a credit card charge? · How to dispute a credit card charge: the Fair Credit Billing Act step by step
- Do I have to pay the disputed charge while the issuer investigates? · How to dispute a credit card charge: the Fair Credit Billing Act step by step
- Can a store in New York refuse to give me a refund? · Store refund policies in New York: what a store must post, and when you can get your money back
- The store only offers store credit. Is that legal? · Store refund policies in New York: what a store must post, and when you can get your money back
- Do I need a lawyer to file in small claims court? · How to file a small claims case in New York, step by step
- Can I sue for something other than money, like getting my property back? · How to file a small claims case in New York, step by step
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- Your rightStore refund policies in New York: what a store must post, and when you can get your money back
- How toHow to file a small claims case in New York, step by step
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This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.