---
title: "Do you have to accept returns? No-returns signs and the law"
description: "Florida's statute and New York's Department of State on no-returns signs and online refund policies, the FTC on stated return policies, and restocking fees."
canonical: https://resellerindex.com/seller-laws/returns-and-restocking-fees/
last_updated: 2026-10-31
publisher: "The Reseller Index"
---

# Do online resellers have to accept returns, and is “no returns” legal?

**What this page is:** a summary of what Fla. Stat. 501.142, the New York Department of State and the Federal Trade Commission say, with their words quoted and linked. It isn't tax or legal advice, and no tax professional or lawyer has reviewed it. Check with one about your own situation.

Neither state rule quoted here bars a no-returns policy, but both require a store to post it: Florida's statute requires a store that offers no cash refund, credit refund or exchange to post a sign saying so at the point of sale (without one, it owes a 7-day refund on unused goods), and New York's Department of State says state law doesn't require retailers to accept returns but does require a conspicuous no-returns notice before the point of sale.

Online, New York's Department of State says state law now also requires online stores to display or link to their refund policy before checkout, while Florida's statute speaks only of the point of sale; beyond that, the sources here point to the return policy you state, since the FTC has acted against an online marketplace over allegations it failed to honor its refund policies, and to each marketplace's own return rules, which its sellers agree to.

Covered here: Florida's statute and New York's rule as its Department of State states it. California's code website isn't one this site can read automatically, and the California consumer agency guide we looked for returned a not-found page on Oct 31, 2026, so no California rule is quoted.

Sources read on Oct 31, 2026; quotes are copied word for word from the saved copies.

## The rule, in its own words

> “Every retail sales establishment offering goods for sale to the general public that offers no cash refund, credit refund, or exchange of merchandise must post a sign so stating at the point of sale.”

Fla. Stat. 501.142(1). [The Florida Legislature (Online Sunshine)](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0500-0599%2F0501%2FSections%2F0501.142.html); The 2026 Florida Statutes.

> “Failure of a retail sales establishment to exhibit a “no refund” sign under such circumstances at the point of sale shall mean that a refund or exchange policy exists…”

Fla. Stat. 501.142(1). [The Florida Legislature (Online Sunshine)](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0500-0599%2F0501%2FSections%2F0501.142.html); The 2026 Florida Statutes.

> “New York state law does not require retailers to accept returns, but they must post a conspicuous notice visible to consumers before the point of sale telling them that returns won’t be accepted.”

New York Department of State, Division of Consumer Protection, consumer alert of Dec 24, 2025. [New York Department of State, Division of Consumer Protection](https://dos.ny.gov/news/consumer-alert-new-york-department-states-division-consumer-protection-reminds-holiday); Dec 24, 2025.

> “When an online business promises to protect consumers’ purchases, it must have the appropriate systems in place to make sure those protections can be implemented…”

Director of the FTC's Bureau of Consumer Protection, quoted in the FTC's press release of Dec 2, 2024. [Federal Trade Commission](https://www.ftc.gov/news-events/news/press-releases/2024/12/ftc-order-requires-online-retailer-goat-pay-more-2-million-consumers-mail-order-rule-violations); Dec 2, 2024.

## Florida: Fla. Stat. 501.142

**Who and where.** The statute covers every "retail sales establishment offering goods for sale to the general public", and the posting method it names is a sign at the point of sale. Without that sign, a refund or exchange policy is deemed to exist, it has to be given to the consumer in writing on request, and a store that fails to comply owes the consumer, on request and with proof of purchase:

> “…a refund on the merchandise, within 7 days of the date of purchase, provided the merchandise is unused and in the original carton, if one was furnished.”

Fla. Stat. 501.142(1). [The Florida Legislature (Online Sunshine)](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0500-0599%2F0501%2FSections%2F0501.142.html); The 2026 Florida Statutes.

**What it leaves out.** The section "shall not apply to the sale of food, perishable goods, goods which are custom made, goods which are custom altered at the request of the customer", or to goods the merchant can't resell because of a law, rule or regulation (501.142(2)). A store may offer a longer refund period than 7 days, the regulation of refunds is preempted to the Department of Agriculture and Consumer Services, and nothing in the section mentions online sales or listings.

Sources for this section: [Fla. Stat. 501.142(1)-(2)](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0500-0599%2F0501%2FSections%2F0501.142.html).

## New York, as its Department of State states the rule

New York's Division of Consumer Protection, part of the Department of State, states the rule in its consumer alerts; the pages quoted here don't name the section of state law. Where a store posts its policy:

> “New York State law requires that stores post their refund policies conspicuously on the item, at the store entrance, or near the cash register.”

New York Department of State, consumer alert of Dec 24, 2025. [New York Department of State, Division of Consumer Protection](https://dos.ny.gov/news/consumer-alert-new-york-department-states-division-consumer-protection-reminds-holiday); Dec 24, 2025.

**Online stores.** The Department's December 2025 alert adds a line for selling online:

> “State law now also requires online stores to display or hyperlink to refund policies for consumers before checkout.”

New York Department of State, consumer alert of Dec 24, 2025. [New York Department of State, Division of Consumer Protection](https://dos.ny.gov/news/consumer-alert-new-york-department-states-division-consumer-protection-reminds-holiday); Dec 24, 2025.

With no posted policy, the Department says the law requires the retailer to accept returns of unused, undamaged merchandise within 30 days of the purchase date, with proof of purchase, refunded by cash or credit as the customer prefers; it doesn't say whether that default reaches an online store that shows no policy. A store that does take returns may pick the form of refund (cash, store credit or an exchange) but has to say which before the purchase, and whether returning the item carries any fee.

Sources for this section: [NY Department of State alert (Dec 24, 2025), return policies and refund terms](https://dos.ny.gov/news/consumer-alert-new-york-department-states-division-consumer-protection-reminds-holiday); [NY Department of State, Refunds, Rebates, and Rainchecks](https://dos.ny.gov/refunds-rebates-and-rainchecks).

## With no policy posted: the buyer's window

*Days counted from the purchase date by each text's own number. Each also has conditions: Florida, unused and in the original carton if one came, with proof of purchase; New York, unused and undamaged, with proof of purchase. Neither text says whether its default window reaches an online sale.*

| Bought on | Florida, no “no refund” sign: 7 days | New York, no posted policy: 30 days |
| --- | --- | --- |
| Fri, Nov 27, 2026 | Fri, Dec 4, 2026 | Sun, Dec 27, 2026 |
| Sat, Dec 26, 2026 | Sat, Jan 2, 2027 | Mon, Jan 25, 2027 |

Sources for this section: [Fla. Stat. 501.142(1)](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0500-0599%2F0501%2FSections%2F0501.142.html); [NY Department of State alert (Dec 24, 2025), return policies](https://dos.ny.gov/news/consumer-alert-new-york-department-states-division-consumer-protection-reminds-holiday).

## The return policy you state

Section 5 of the FTC Act, 15 U.S.C. 45(a)(1), declares "unfair or deceptive acts or practices in or affecting commerce" unlawful. The FTC's releases on the case below don't name the section they rest on; they show the FTC acting over a return policy it alleged wasn't kept. On Dec 2, 2024, the FTC announced a court order against an online sneaker and apparel marketplace. It alleged the company promised full refunds for returned items that were inauthentic, incorrect or not as described, then rejected many of those requests outright or gave only partial refunds or store credit. The order bars misrepresenting the relief it promises and material aspects of its return policies and practices, and denying refunds on specially protected items, including ones bought used or as final sale, "unless the company clearly discloses its denial policies". On Oct 6, 2026 the FTC said it was sending more than $100,000 in further redress payments to 6,205 customers.

> “The refunds are part of a settlement over allegations the company failed to honor its refund policies and violated an FTC rule requiring companies to have reasonable shipping practices.”

FTC press release, Oct 6, 2026. [Federal Trade Commission](https://www.ftc.gov/news-events/news/press-releases/2026/10/ftc-issues-redress-payments-consumers-impacted-goats-deceptive-shipping-refund-policies); Oct 6, 2026.

Two neighboring questions have their own pages: whether a return window or a guarantee counts as a warranty is on [the as-is page](https://resellerindex.com/seller-laws/magnuson-moss-as-is-used-goods/), and the refund deadlines when you cancel an order you can't ship are on [the Mail Order Rule refunds page](https://resellerindex.com/seller-laws/ftc-mail-order-refunds/).

Sources for this section: [15 U.S.C. 45(a)(1)](https://uscode.house.gov/us/usc/119-136/t15/s45/); [FTC press release, Dec 2, 2024](https://www.ftc.gov/news-events/news/press-releases/2024/12/ftc-order-requires-online-retailer-goat-pay-more-2-million-consumers-mail-order-rule-violations); [FTC press release, Oct 6, 2026](https://www.ftc.gov/news-events/news/press-releases/2026/10/ftc-issues-redress-payments-consumers-impacted-goats-deceptive-shipping-refund-policies).

## On a marketplace

Each marketplace sets return rules that its sellers agree to, and this page doesn't restate them: read [Mercari's returns and refunds article](https://www.mercari.com/us/help_center/article/6002/), [Poshmark's Return Policy in its Legal Center](https://poshmark.com/terms) and [TikTok Shop's cancellation, return and refund policy](https://seller-us.tiktok.com/university/essay?knowledge_id=3253210454181634&lang=en) on the marketplaces' own pages.

Sources for this section: [Mercari returns and refunds article (linked)](https://www.mercari.com/us/help_center/article/6002/); [Poshmark Return Policy (linked)](https://poshmark.com/terms); [TikTok Shop return and refund policy (linked)](https://seller-us.tiktok.com/university/essay?knowledge_id=3253210454181634&lang=en).

## Edge cases

- **A copy on request.** Both texts give the buyer the policy in writing on request: Florida's where the store posted no “no refund” sign (the policy is then deemed to exist and must be presented in writing), New York's Department of State for any store's return policy. ([Fla. Stat. 501.142(1)](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0500-0599%2F0501%2FSections%2F0501.142.html); [NY Department of State alert (Dec 24, 2025), return policies](https://dos.ny.gov/news/consumer-alert-new-york-department-states-division-consumer-protection-reminds-holiday))
- **The form of the refund is the store's to choose, in advance.** New York's Department of State says state law doesn't require stores that allow refunds to give them in a specific manner, but the store has to say before the purchase how the refund will be made: cash, store credit or an exchange. ([NY Department of State alert (Dec 24, 2025), refund terms](https://dos.ny.gov/news/consumer-alert-new-york-department-states-division-consumer-protection-reminds-holiday))
- **Enforcement in Florida is local too.** The statute lets a local government enforce it, with a written warning for a first violation, besides the state department's orders and fines (penalties below). ([Fla. Stat. 501.142(1), (6)](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0500-0599%2F0501%2FSections%2F0501.142.html))

## What to do

1. Decide your return policy before you list, and put it where buyers see it before they pay: in each listing or in your shop's policy. New York's Department of State says online stores must now display or link to it before checkout.
2. Selling in person in Florida or New York, at a booth, market or shop? Post the sign or notice the texts describe: at the point of sale in Florida; on the item, at the entrance or at the register in New York.
3. State any restocking or return-shipping fee up front; New York's Department of State says retailers must tell buyers whether returning an item carries any fees.
4. Keep the promises you make: if a listing offers returns or a guarantee, have a way to handle the requests.
5. On a marketplace, read its return rules on its own page (linked above) before you set your own.

Sources for these steps: [Fla. Stat. 501.142(1)](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0500-0599%2F0501%2FSections%2F0501.142.html); [NY Department of State alert (Dec 24, 2025), return policies and refund terms](https://dos.ny.gov/news/consumer-alert-new-york-department-states-division-consumer-protection-reminds-holiday); [FTC press release, Dec 2, 2024](https://www.ftc.gov/news-events/news/press-releases/2024/12/ftc-order-requires-online-retailer-goat-pay-more-2-million-consumers-mail-order-rule-violations).

## Penalties, as the statute states them

Florida's statute sets these; the New York pages quoted here state no penalty.

> “Impose an administrative fine not to exceed $100 for each violation.”

Fla. Stat. 501.142(3)(a), an order of the Department of Agriculture and Consumer Services. [The Florida Legislature (Online Sunshine)](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0500-0599%2F0501%2FSections%2F0501.142.html); The 2026 Florida Statutes.

> “Upon a second and any subsequent violation, a local government may impose a fine of up to $50 per violation.”

Fla. Stat. 501.142(6). [The Florida Legislature (Online Sunshine)](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0500-0599%2F0501%2FSections%2F0501.142.html); The 2026 Florida Statutes.

## Questions

### Do store refund-sign laws apply to my online shop?

In New York, its Department of State says state law now also requires online stores to display or hyperlink to their refund policies before checkout, though it doesn't say whether the 30-day default applies to an online store that shows none. Florida's statute speaks of a retail sales establishment and a sign at the point of sale and doesn't mention online sales. For your own situation, ask your state's consumer protection agency or a lawyer.

Sources: [NY Department of State alert (Dec 24, 2025), return policies](https://dos.ny.gov/news/consumer-alert-new-york-department-states-division-consumer-protection-reminds-holiday); [Fla. Stat. 501.142(1)](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0500-0599%2F0501%2FSections%2F0501.142.html).

### Does “all sales final” count as a no-returns sign?

Neither text gives approved wording: Florida's asks for a sign stating that the store offers no cash refund, credit refund or exchange, and New York's Department of State for a notice telling buyers that returns won't be accepted.

Sources: [Fla. Stat. 501.142(1)](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0500-0599%2F0501%2FSections%2F0501.142.html); [NY Department of State alert (Dec 24, 2025), return policies](https://dos.ny.gov/news/consumer-alert-new-york-department-states-division-consumer-protection-reminds-holiday).

### Can I charge a restocking fee?

Neither state text quoted here forbids one, and New York's Department of State says "Retailers must also tell you whether there will be any fees to return the item"; it tells shoppers to check the store's notices, website or linked policy for shipping or restocking fees before they buy. Florida's 501.142 doesn't mention fees.

Sources: [NY Department of State alert (Dec 24, 2025), refund terms](https://dos.ny.gov/news/consumer-alert-new-york-department-states-division-consumer-protection-reminds-holiday); [NY Department of State, Refunds, Rebates, and Rainchecks, questions to ask](https://dos.ny.gov/refunds-rebates-and-rainchecks); [Fla. Stat. 501.142](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0500-0599%2F0501%2FSections%2F0501.142.html).

### Does a buyer at a show, fair or hotel pop-up get a right to cancel?

For some in-person sales, yes: the FTC's Cooling-Off Rule (16 CFR 429) gives the buyer until midnight of the third business day to cancel. It covers a sale the seller personally solicits where the buyer agrees somewhere other than the seller's place of business, including "facilities rented on a temporary or short-term basis, such as hotel or motel rooms, convention centers, fairgrounds and restaurants", with a price of $25 or more at the buyer's home or $130 or more anywhere else (429.0(a)). The seller has to hand over a dated receipt and a cancellation form, tell the buyer of the right orally, and refund within 10 business days of a cancellation (429.1). A sale conducted and consummated entirely by mail or telephone, with no other contact before delivery, is outside it (429.0(a)(4)), and so are arts or crafts sold at fairs or similar places (429.3(b)).

Sources: [16 CFR 429.0(a), 429.1(a)-(b), (e), (g), 429.3(b)](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-D/part-429).

## Related questions

- [Can you sell used items "as is"? What federal warranty law says](https://resellerindex.com/seller-laws/magnuson-moss-as-is-used-goods/) Usually, under state law. But a written warranty such as “guaranteed to work for 30 days” means you can't disclaim implied warranties on that item.
- [How fast must you refund an order you can't ship?](https://resellerindex.com/seller-laws/ftc-mail-order-refunds/) Within 7 working days for nearly every payment method, shipping and handling included. Store credit and gift cards don't count.
- [Does the FTC 30-day shipping rule apply to online resellers?](https://resellerindex.com/seller-laws/ftc-30-day-shipping-rule/) Yes. Ship within the time your listing states, or 30 days if it states none; "shipped" means in the carrier's possession, not a printed label.
- [Can you resell recalled products, used cribs, car seats or vintage toys?](https://resellerindex.com/seller-laws/recalled-and-childrens-products/) Not a recalled one, unless its remedy was applied. A crib sold since June 28, 2011 must meet the federal standard however old it is; lead rules for used toys turn on who used them and when made.

[All seller-law questions](https://resellerindex.com/seller-laws/)

## Sources

Every rule, number and date on this page comes from these official pages, each read on Oct 31, 2026; quotes are copied word for word. General information, not legal advice.

- [Fla. Stat. 501.142: Retail sales establishments; preemption; notice of refund policy; exceptions; penalty](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0500-0599%2F0501%2FSections%2F0501.142.html) (The Florida Legislature (Online Sunshine); The 2026 Florida Statutes)
- [New York Department of State: consumer alert on store refund and return policies](https://dos.ny.gov/news/consumer-alert-new-york-department-states-division-consumer-protection-reminds-holiday) (New York Department of State, Division of Consumer Protection; Dec 24, 2025)
- [FTC press release: order requiring an online marketplace to pay over $2 million and honor its buyer protection policies](https://www.ftc.gov/news-events/news/press-releases/2024/12/ftc-order-requires-online-retailer-goat-pay-more-2-million-consumers-mail-order-rule-violations) (Federal Trade Commission; Dec 2, 2024)
- [FTC press release: redress payments over an online marketplace's shipping and refund policies](https://www.ftc.gov/news-events/news/press-releases/2026/10/ftc-issues-redress-payments-consumers-impacted-goats-deceptive-shipping-refund-policies) (Federal Trade Commission; Oct 6, 2026)
- [New York Department of State: Refunds, Rebates, and Rainchecks](https://dos.ny.gov/refunds-rebates-and-rainchecks) (New York Department of State, Division of Consumer Protection; undated page)
- [15 U.S.C. 45: Unfair methods of competition unlawful (Federal Trade Commission Act section 5)](https://uscode.house.gov/us/usc/119-136/t15/s45/) (United States Code, Office of the Law Revision Counsel (uscode.house.gov); current through Public Law 119-136 (Oct 22, 2026))
- [16 CFR Part 429: Rule Concerning Cooling-off Period for Sales Made at Homes or at Certain Other Locations](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-D/part-429) (eCFR (Office of the Federal Register); eCFR, up to date as of Oct 29, 2026)

Marketplace pages linked above, not quoted (read on Oct 31, 2026 to confirm each link):

- [Mercari Help: Returns and refunds on Mercari](https://www.mercari.com/us/help_center/article/6002/)
- [Poshmark Legal Center: Return Policy](https://poshmark.com/terms)
- [TikTok Shop Seller University: Customer Order Cancellation, Return, and Refund Policy](https://seller-us.tiktok.com/university/essay?knowledge_id=3253210454181634&lang=en)

---

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