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Mail or Telephone Order Merchandise Rule

By: admin, November 25, 2004  
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Q: We represent that we ship in 48 hours. In case of delay, when are we required to provide notification of delay?

A: Within 48 hours of receipt of the order.

Q: Can we say 48 hours "most of the time?"

A: 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. The Rule requires you to ship in the time you say. If you say you ship in 48 hours "most of the time," reasonable consumers will infer that you will ship their orders in 48 hours. Similarly, if you represent, "in-stock items ship immediately," unless you tell consumer when they order that the item is not in stock, you will be required to ship, provide notification of delay, or cancel the order immediately.