Does the FTC 30-day shipping rule apply to online resellers?
Yes: the FTC's Mail, Internet, or Telephone Order Merchandise Rule (16 CFR Part 435) covers any order a buyer places online, whatever the payment method, so a reseller must have a reasonable basis to ship within the time the listing states, such as a handling time, or within 30 days of receiving a paid, complete order if no time is stated.
The clock measures shipping, not delivery: shipment means the item is physically in the carrier's possession, and if you can't make the deadline you must offer the buyer the choice of waiting or cancelling for a prompt refund before the deadline passes.
General information about federal law, not legal advice. This page quotes the rule and the agency's own guidance; it can't tell you whether your business meets them, and state law and marketplace policies can add more. For your own situation, check with a lawyer.
Mail, Internet, or Telephone Order Merchandise Rule (16 CFR Part 435). Checked against the official sources below on .
The rule, in its own words
“…sales in which the buyer has ordered merchandise from the seller by mail, via the Internet, or by telephone, regardless of the method of payment or the method used to solicit the order.”
“If no time is clearly and conspicuously stated, within thirty (30) days after receipt of a properly completed order from the buyer.”
“Shipment shall mean the act by which the merchandise is physically placed in the possession of the carrier.”
“If you represent that you ship in 48 hours most of the time, you will be required to ship or provide notification of delay in 48 hours all the time.”
What the rule covers
- Every online order of merchandise. The 2014 amendments, effective Dec 8, 2014, made clear that the rule "covers all Internet merchandise orders, regardless of the method consumers use to access the Internet" and renamed it to include the Internet.
- Used and new goods alike. The rule speaks of merchandise and doesn't treat used goods differently.
- Your promise sets the deadline. A time "clearly and conspicuously stated" in the listing, such as a handling time or “ships next business day”, is the deadline. With no stated time, it is 30 days. If the buyer applies to you for credit to pay, it is 50 days instead of 30 (435.2(a)(1)(ii)).
- You need a reasonable basis when you list. The FTC's guide points to anticipated demand, supply on hand, your fulfillment system, and records of each order. Listing items you don't have in hand yet still needs that basis.
- Updated promises replace earlier ones. The FTC says shipping information given on the Internet when the order is taken supersedes what the ad said, and you need a reasonable basis for the update too.
Not covered (435.3(a)): subscriptions after the first shipment, seeds and growing plants, C.O.D. orders, and transactions under the FTC's rule on prenotification negative option plans (16 CFR Part 425). The FTC's guide adds that sales on approval and orders shipped with an invoice payable on receipt aren't covered either, though slow shipping can still violate the FTC Act.
When the clock starts and stops
- Start: when you receive a "properly completed order": payment in the proper amount (or authorization to charge it) together with all the information you need to process and ship the order (435.1(c)). The FTC says it is irrelevant when the payment is deposited or clears.
- Reset: if a payment is dishonored, the clock restarts when you are notified it was honored or the buyer pays properly (435.1(c)(1)-(3)).
- Stop: when the item is physically in the carrier's possession (435.1(e)). Buying or printing a label isn't shipment; the package has to be handed over.
| Listing says | Order paid and complete | Ship, or offer the delay option, by |
|---|---|---|
| Ships within 1 business day | Mon, Nov 2, 2026 | Tue, Nov 3, 2026 |
| Ships within 3 business days | Fri, Nov 13, 2026 | Wed, Nov 18, 2026 |
| Nothing about shipping time | Tue, Oct 20, 2026 | Thu, Nov 19, 2026 (30 days) |
| “Ships within 48 hours most of the time” | Mon, Nov 2, 2026, 10 a.m. | Wed, Nov 4, 2026, 10 a.m.: the FTC treats "most of the time" as all the time |
| “In-stock items ship immediately” | Any time | Immediately, unless you tell the buyer at order time that the item isn't in stock (FTC guide) |
| Ships within 1 business day; label printed Mon, carrier scan Wed | Mon, Nov 2, 2026 | Late: shipment happened Wednesday, when the carrier took the package |
If you can't ship in time
Before the deadline, and as soon as you know, you must offer the buyer the choice of agreeing to the delay or cancelling for a prompt refund (435.2(b)(1)). What that notice has to say, and when silence counts as consent, is on the delay notice page. You can also decide to cancel and refund instead (435.2(b)(4)); the refund deadlines are on the refund page.
Edge cases
- You are the seller, not your fulfillment help. The FTC says the person soliciting the order is the seller under the rule and is liable for violations caused by a fulfillment house or drop shipper.
- Records matter. If the FTC sues and you have no records showing systems that ship on time, the rule creates a rebuttable presumption that you lacked a reasonable basis (435.2(a)(4)). The FTC suggests keeping the order date, any delay notice, any cancellation, the ship date and any refund date for each order.
- Thirty days, not business days. The default is "thirty (30) days after receipt of a properly completed order." The rule doesn't convert it to business days.
- Long handling times and preorders. Part 435 sets no maximum for a stated shipping time: a time "clearly and conspicuously stated" in the listing is the deadline, and the 30-day default applies only when no time is stated (435.2(a)(1)). Either way you need a reasonable basis for it when you list, and a marketplace can set its own limits on handling times and presales.
- Arrival dates aren't what the rule measures. Part 435 is written around shipment. A promised delivery date you miss isn't addressed by the rule's text, though other FTC Act duties still apply to what you advertise.
- Stronger state laws still apply. The rule doesn't preempt state or local laws that give buyers equal or greater rights (435.3(b)).
- Enforcement includes marketplaces. On Dec 2, 2024, the FTC announced a $2,013,527 order against an online sneaker and apparel marketplace; it alleged 37% of "Instant" orders shipped later than promised without the required delay option.
What to do
- Set the handling time you can meet in your busiest week, not your average one.
- If orders start to outrun you, lengthen the handling time on your listings before more orders come in. The FTC says you can change shipment promises up to the point the buyer orders, if you reasonably believe you can ship by the new date, and the updated information overrides earlier promises.
- Measure from payment to the carrier's first scan, not to the label printout.
- Don't promise "same day" or "ships immediately" unless you can do it every time.
- Keep each order's paid date, ship date (carrier acceptance scan) and any delay or cancellation messages for at least five years; the FTC notes civil penalty actions can reach back five years.
- When an order will be late, send the delay option before the deadline: what it must say.
Penalties, as the agency states them
The FTC's guide states the consequences this way:
“Merchants who violate the Rule can be sued by the FTC for injunctive relief, monetary civil penalties of up to $53,088 per violation…”
“The statute of limitations on actions to enforce the Rule is three years for consumer redress and five years for civil penalties.”
Questions
Does the 30-day rule apply to sellers on marketplaces?
The rule applies to the seller who solicits the order, and the FTC says that is the person soliciting it, not the agent fulfilling it. On a marketplace, the reseller who lists the item makes the shipping representation in the listing.
Does it apply to used items?
Yes. The rule covers merchandise ordered by mail, Internet or phone, and its text doesn't treat used goods differently.
Is the 30 days counted from the order or from payment?
From receipt of a properly completed order, which means you have both the payment (or authorization to charge it) and all the information you need to ship (435.1(c)).
What if the marketplace sets my handling time?
Whatever handling time the listing shows the buyer is the shipping time "clearly and conspicuously stated." If it isn't one you can meet, change it before you take orders.
Sources
Every rule, number and date on this page comes from these official pages, each read on ; quotes are copied word for word. General information, not legal advice.
- 16 CFR Part 435: Mail, Internet, or Telephone Order Merchandise (eCFR (Office of the Federal Register); eCFR, up to date as of Oct 21, 2026)
- FTC: Business Guide to the FTC's Mail, Internet, or Telephone Order Merchandise Rule (Federal Trade Commission; September 2011, edited January 2025)
- Federal Register, Sep 17, 2014 (79 FR 55615): final amendments renaming the rule the Mail, Internet, or Telephone Order Merchandise Rule (Federal Register (GPO, govinfo.gov); Sep 17, 2014)
- FTC press release: Mail Order Rule order against an online sneaker and apparel marketplace (Federal Trade Commission; Dec 2, 2024)
- FTC: Selling on the Internet: Prompt Delivery Rules (Federal Trade Commission; October 2001)
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