Keep Uncle Sam at Bay

If you provide a definite revised date of 30 days or less beyond the original promised time, you may give customers a negative option, but you must inform them of this.

However, if the definite revised date is more than 30 days beyond the original promised time or if you simply can’t provide a definite date, you must give the reason for the delay and tell customers they can cancel at any time before the shipment is made. In this case, you also must tell them their orders will be canceled automatically if you don’t hear from them and you haven’t shipped by the new promised date (or within the next 30 days if you did not give a new promise date).

Finally, if you can’t ship the merchandise by the definite revised date included in your most recent delay notice (and that definite date was less than 30 days from the originally promised date), you must seek the consent of your customers to any further delay. However in this notice, you must tell customers that if you don’t hear from them, their orders automatically will be canceled if they don’t ship on the promised date.

FTC’s Telemarketing Rules

When making outbound telemarketing calls, you must communicate the following to customers before any selling can take place: your identity; that the purpose of the call is to sell; the nature of the goods or services offered; and that no payment or purchase is necessary to win if a prize promotion is offered.

For all transactions—whether they involve inbound or outbound calls—the following must be clear and conspicuous in written or oral disclosures: the cost and quantity of the goods or services offered; any material restrictions, limitations or conditions; and if you have any “no-refund” policies in effect (if a refund policy is mentioned, the material terms and conditions of the policy must be disclosed).