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As part of the systematic review of all Commission rules, on September 11, 2007, the Commission initiated its periodic review of the Mail or Telephone Order Merchandise Rule (MTOR or Rule) by publishing a notice seeking public comments on the effectiveness and impact of the Rule. 72 FR 51728. The FTC also sought public comment on how the Rule could be amended to address changes in technology and commercial practices.

Issued in 1975, and last amended in 1995, the MTOR 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.

Based on a review of comments received to the 2007 ANPRM, on September 30, 2011, the FTC published a Federal Register Notice concluding that the Rule continues to benefit consumers and will be retained. 76 FR 60715. For clarity, the Commission reorganized the Rule by alphabetizing the definitions at the beginning of the Rule.

Also on September 30, 2011, in a separate Federal Register Notice, the Commission issued an NPRM seeking comment on, among other things, possible changes to the Rule to: clarify that the Rule covers all orders placed over the Internet; revise the Rule to allow sellers to provide refunds and refund notices to buyers by any means at least as fast and reliable as first-class mail; clarify sellers' obligations when buyers use payment methods not spelled out in the Rule, such as debit cards or prepaid gift cards; and require that refunds be made within seven working days for purchases that are made using third-party credit, such as Visa or MasterCard cards. 76 FR 60765. The comment period ended on December 14, 2011. After reviewing the comments, staff submitted its recommendation to the Commission. On April 29, 2013, the Commission announced the availability of the Staff Report on MTOR, which solicited comments for 75 days. The comment period closed on July 15, 2013.

On September 11, 2014, the Commission announced it was adopting final amendments to the Rule, including revising its name to Mail Internet or Telephone Order Merchandise. 79 FR 55615 (Sept. 17, 2014). Other final amendments clarify that the Rule covers all orders placed over the Internet; revise the Rule to allow sellers to provide refunds and refund notices by any means at least as fast and reliable as first class mail; clarify sellers' obligations when buyers use payment systems not enumerated in the Rule; and require that refunds be made within seven working days for purchases made using third-party credit cards. The final rule was effective on December 8, 2014.