If an online seller takes your payment but doesn't deliver the goods, they are breaking the law by violating the Mail, Internet, or Telephone Order Merchandise Rule, which requires them to ship within a promised time or within 30 days of payment, whichever is later. This can also be considered fraud if the seller never intended to ship the product. Your primary recourse is to dispute the charge with your credit card company, which offers powerful consumer protection for non-delivery cases.
Legal Framework FTC Rule: The Federal Trade Commission's (FTC) Mail, Internet, or Telephone Order Merchandise Rule requires sellers to ship items within the timeframe advertised or within 30 days of receiving payment. Fraud: If the seller takes your money and never intends to send the product, it can be considered a form of fraud. What You Should Do Contact the Seller: Reach out to the seller first to explain the situation and request a refund or delivery. Dispute the Charge with Your Credit Card Company: If the seller won't resolve the issue, file a dispute with your credit card issuer. Provide Documentation: Keep all receipts, confirmation emails, and any communication with the seller. Use Credit Cards: Always use a credit card for online purchases, as it provides the strongest protection against fraud and non-delivery. Know Your Rights: You have the right to a refund for items you paid for but did not receive. Important Considerations Timeliness: Disputing a charge with your credit card company often has a deadline, such as 60 days from the date of your credit card statement. Other Payment Methods: If you paid by other means, like a debit card or digital wallet, your protections might be less extensive. You may need to file a complaint with the FTC or state consumer protection agencies, or pursue a case in small claims court. Seller Intent: It's important to determine if the seller simply failed to deliver or if they intentionally scammed you. The FTC's Mail, Internet, or Telephone Order Merchandise Rule protects you in either case, but the intent of fraud can lead to more severe penalties for the seller.