10-19-2007, 08:37 AM
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#4 (permalink)
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Join Date: May 2002 Location: Stow, Ohio, Sol III
Posts: 2,211
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I would also point out that per the FTC's Mail Order Rule, or 30 Day Rule; Quote:
When You Must Cancel an Order
You must cancel an order and provide a prompt refund when:
* the customer exercises any option to cancel before you ship the merchandise;
* the customer does not respond to your first notice of a definite revised shipment date of 30 days or less and you have not shipped the merchandise or received the customer’s consent to a further delay by the definite revised shipment date;
* the customer does not respond to your notice of a definite revised shipment date of more than 30 days (or your notice that you are unable to provide a definite revised shipment date) and you have not shipped the merchandise within 30 days of the original shipment date;
* the customer consents to a definite delay and you have not shipped or obtained the customer’s consent to any additional delay by the shipment time the customer consented to;
* you have not shipped or provided the required delay or renewed option notices on time; or
* you determine that you will never be able to ship the merchandise.
The following is one example of a delayed order scenario:
1. You have a reasonable basis to be able to ship the merchandise in 30 days. That being the case, you make no shipment representation in your advertising. When your prospective customer calls to place the order on July 1, nothing has happened to change your belief that you can ship in 30 days, so in accepting the order you provide no updated shipment information. You plan to ship the order by July 31.
2. On July 10, you realize you cannot ship by July 31. Within a few days (reasonably quickly so the customer has time to make a decision), you send a delay notice with a revised shipment date. Based on information such as customer demand for the merchandise and information you recently received from your suppliers, you reasonably believe that you will be able to ship 30 days from the original shipment date. The revised shipping date you provide in the delay notice is August 30, i.e., 30 days from July 31. Your delay notice explains that, unless the customer tells you otherwise, you will assume that the customer is willing to wait for the merchandise until then.
3. Having heard nothing from the customer, on August 10 you realize that you will not be able to ship by August 30, so reasonably promptly you send a second delay option notice saying when you now reasonably believe you will be able to ship. The notice tells the customer that the order will be cancelled automatically on August 30 unless you have already shipped by then or the customer expressly tells you not to cancel.
| IMO that is a clear violation of the rule. They must notify you immediately and diffidently within 30 days. You can file a complaint at http://www.ftc.gov/ftc/cmplanding.shtm
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