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FTC

RIN: 3084-AB07

Publication ID: Fall 2008

Title: Mail or Telephone Order Merchandise Rule
Abstract: Issued in 1975, and last amended in 1995, the Mail or Telephone Order Merchandise Rule (or Rule) requires that, when sellers advertise merchandise, they must have a reasonable basis for stating or implying that they can ship within a certain time. If sellers make no shipment statement, they must have a reasonable basis for believing that they can ship within 30 days. In the event of delays in shipment, the rule establishes notification procedures whereby buyers have the option either to agree to the delay or to cancel the order and receive a prompt refund. The rule applies when a consumer places an order by mail or telephone and also by indirect use of telephone via facsimile or computer. On September 11, 2007, the Commission requested comments on the rule as part of the Commission's systematic review of all current Commission rules and guides. The Commission sought comments on possible non-substantive changes to the rule to bring it into conformity with changing conditions, including consumers using means other than the telephone to access the Internet when ordering, consumers paying for merchandise by demand draft or debit card, and merchants using alternative methods to make prompt rule-required refunds. The Commission also sought comments on, among other things, the economic impact and benefits of this rule; possible conflict between the rule and State, local, or other Federal laws or regulations; and the effect on the rule of any technological, economic, or other industry changes. The comment period closed on November 7, 2007. Staff expects to send a recommendation to the Commission by fall 2008.
Agency: Federal Trade Commission(FTC)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Prerule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 16 CFR 435
Legal Authority: 15 USC 57a 5 USC 552

Legal Deadline: None

Timetable:

Action	Date	FR Cite
ANPRM	09/11/2007	72 FR 51728
ANPRM Comment Period End	11/07/2007
Recommendation to Commission	11/00/2008

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: Businesses, Organizations	Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Related RINs: Related to 3084-AA19
Agency Contact: Jock K. Chung Attorney Federal Trade Commission 600 Pennsylvania Avenue NW, CC-9528, Washington, DC 20580 Phone:202 326-2984 Email: jchung@ftc.gov