Holiday order late? The FTC rule that says when stores must ship or refund you

What's happened

The US Postal Service published its recommended holiday shipping dates on September 22, 2026. For delivery by December 25 within the contiguous US, it suggests sending USPS Ground Advantage and First-Class Mail by December 17, Priority Mail by December 18 and Priority Mail Express by December 19. "During the holiday season, customers should always plan to mail and ship packages early to ensure arrival by Dec. 25," USPS said.

Those dates matter for gifts you send yourself. For online orders, a separate federal rule decides what a store owes you when it can't ship on time. It's the FTC's Mail, Internet, or Telephone Order Merchandise Rule, often called the Mail Order Rule, and it covers most things you order online, by phone or by mail.

What the rule says

• Stores must ship on time. If a seller states a shipping time, it must have a reasonable basis for expecting to meet it. If it says nothing, it must expect to ship within 30 days of getting your completed order. If you apply for the seller's credit to pay, that becomes 50 days.
• "Ship" means ship. The clock is about when the item is handed to the carrier, not when it lands on your porch.
• Delays need your say-so. If the seller can't ship in time, it must tell you promptly, before the original deadline, and give you the choice of agreeing to the delay or canceling for a refund. It must give a new date if it has one, or explain why it can't.
• Silence has limits. If the new date is 30 days or less after the original one, the seller can treat your silence as agreement, but only if the notice says so. For longer or open-ended delays, the order is canceled unless the seller ships or gets your consent within 30 days of the original deadline.
• Refunds are quick. When an order is canceled, the seller must refund you within seven working days for most payment methods, including credit cards from a bank. If you used the store's own credit account, it has one billing cycle.
• No swaps without asking. A seller can't send something materially different, such as a different color or style, without your agreement, and it can't replace a refund with store credit.

A worked example

This is an illustration, not a real case.

Marcus orders a $140 jacket on Black Friday, November 27, from a site that promises it "ships within 3 business days." A week later it still hasn't shipped and no email has arrived. The seller has missed its stated shipping time without sending a delay notice, so it's already in breach of the rule.

Marcus emails to cancel. The seller must refund the full $140, including any shipping charge, within seven working days. If it ignores him, Marcus can dispute the charge with his credit card company as a billing error for goods not delivered as agreed. He has 60 days from the date the first statement showing the charge was sent.

What to do now

1. Screenshot the shipping promise on the product page and at checkout before you pay.
2. Order early. Work back from the USPS dates and the store's own holiday cutoff.
3. Read delay emails carefully. If you don't want to wait, reply to cancel. Don't let silence count as yes.
4. Cancel in writing if the seller misses its date, and note when you asked.
5. Pay by credit card where you can. Debit card protections for undelivered goods are weaker, the FTC warns.
6. Report problems to the FTC at ReportFraud.ftc.gov and to your state attorney general.

FAQs

Does the rule promise delivery by Christmas?

No. It's about shipping on time. If a store promised delivery by a date and missed it, ask it for a refund. If it won't help, a credit card dispute for goods not delivered as agreed may work.

What if the package shipped but never arrived?

Contact the seller first. The FTC says you can dispute a credit card charge for an item you never received as a billing error, online or by phone, and you should also send a letter to the card company's billing-disputes address.

Can the store give me a gift card instead of a refund?

Not when an order is canceled under the rule. The refund must go back as money, not credit toward future purchases.

Sources: USPS: 2026 holiday mailing and shipping dates, FTC: business guide to the Mail, Internet, or Telephone Order Merchandise Rule, FTC: what to do if your online order never arrives, CFPB: Regulation Z, 12 CFR 1026.13 billing errors