The Common Law

According to federal law, a mail-order company is required to send you the product you ordered within a "reasonable time" after you place your order. Some companies define the reasonable time for delivery by specifically including how long it will take to deliver the product in their catalogs. If the company's catalog makes no mention of the time for delivery, the law presumes that 30 days is reasonable. If a company cannot deliver the product within the specific time listed in the advertisement or within 30 days (if no time is specifically listed), the law requires the company to notify you as to when the product will be delivered and to let you cancel the order if you have changed your mind and no longer want to wait to receive the product.

The first thing you should do is look at the catalog to see if a reasonable time for delivery is mentioned and whether the company is late in sending you the item based on this time period. If there is no mention of a delivery time, then based on the fact that you have waited for nearly two months when the law presumes a reasonable delivery period of 30 days, the company has probably violated the law, and you have the right to cancel the order and get your money back.

You may want to send a letter to the company, via certified mail, that states that you want to cancel your order and have your money refunded because it has not been delivered within a reasonable time. If after sending the letter you still do not receive your money back, you may want to contact the Federal Trade Commission to report that the company has violated the laws addressing mail-order sales (www.ftc.gov/ftc/consumer.htm). You can also contact the Consumer Protection Division of the Texas Attorney General's Office (www.oag.state.tx.us) to see if the company has violated the Texas Deceptive Trade Practices Act, a Texas law designed to protect consumers.