A late delivery chargeback in December lands on the merchant, because the seller took the money and the parcel did not arrive in time. The best defence is built before any dispute exists: a dated delay notice under the FTC's mail order rule, the customer's answer to it, and your own shipping timestamps.
When is a December parcel too late?
A parcel is at risk once it ships after the carrier's last recommended date. For Christmas Day delivery to the lower 48, the United States Postal Service asked senders to mail Ground Advantage and First-Class items by Thursday 17 December, Priority by Friday 18 December and Priority Mail Express by Saturday 19 December.
Anything shipped after those dates is a gamble the merchant has taken on the customer's behalf. When it fails, the cardholder's bank files a merchandise-not-received dispute against the seller. Put the carrier's dates next to the product so the customer sees the cut-off before paying.
What does the FTC mail order rule require?
The Federal Trade Commission's Mail, Internet or Telephone Order Merchandise Rule requires a seller to ship on time and to manage delays openly. If an order states no ship time, the seller needs a reasonable basis to ship within 30 days. A seller that cannot produce records of its shipping systems is presumed not to have had that basis, so a merchant with no timestamps starts a dispute from a deficit.
The delay provisions matter most in December. When a seller cannot ship by the promised date, it must offer the customer a choice to accept the delay or cancel for a prompt refund, without being asked. If the delay is up to 30 days, silence counts as consent.
If the delay is longer, or no date can be given, the order is cancelled unless the customer agrees to wait within 30 days of the original deadline. A merchant who sends this notice and keeps it has turned a vague complaint about lateness into a dated record of what the customer was told and what the customer chose. Send it the day a delay becomes likely, with a refund link and the new date.
How long can the customer dispute a late order?
Under Visa's rules, a customer may dispute merchandise not received within 120 days of the processing date or of the last date the customer expected delivery, with an outer limit of 540 days from processing. This is reason code 13.1, Visa's code for goods the customer says never arrived. Where no delivery date was ever given, the issuer must wait 15 days before disputing.
A December order that arrives on 6 January sits inside a window that stays open well into the spring. A customer who gave up on a Christmas gift can file long after the parcel finally shows up on the porch. The issuer's requirements are listed on the Visa 13.1 merchandise not received code page. Keep the delay notice where you can attach it.
Does carrier tracking protect you?
Carrier records help less than merchants hope. A scan that says delivered does not say who took the parcel, and the carriers' own claim rules show where the gaps sit.
UPS says packages the driver was told to release at the address are not eligible for lost-package claims. A merchant whose customer chose release at the door may find that neither the carrier nor the dispute rules give much help when the parcel disappears.
Your own claims against carriers also run on shorter clocks than the 120-day dispute window. UPS asks for a claim within 60 days of the scheduled delivery, and USPS accepts lost-mail claims from 15 days after mailing (7 for Priority Mail Express) and no later than 60 days from the mailing date. Open a carrier claim as soon as a parcel stalls, without waiting for the customer to complain.
Takeaway: what to do this week
- Publish the Christmas cut-off. Show the carrier's dates beside each product, not a guess.
- Send the delay notice on day one. Offer the choice to wait or cancel for a prompt refund, and state the new date plainly.
- Keep the full order record. Store the notice, the customer's answer and the shipping timestamps with the order.
- Diary carrier claim deadlines. Track the 60-day UPS and USPS limits for every stalled December parcel.
Sources: USPS, "Holiday shipping dates 2026"; eCFR, 16 CFR 435.2(a); FTC, "Business Guide to the Mail, Internet or Telephone Order Merchandise Rule", edited January 2025; Visa Core Rules, edition 18 April 2026, Table 11-92; UPS, "File a claim", page modified 25 February 2026; USPS, "Claims". All checked 24 October 2026.
Sources
- USPS last recommended dates for Christmas Day delivery to the lower 48: Ground Advantage and First-Class Thursday 17 December, Priority Friday 18 December, Priority Mail Express Saturday 19 DecemberUSPS, Holiday shipping dates 2026 (https://www.usps.com/holiday/holiday-shipping-dates.htm), checked 24 October 2026
- With no stated ship time, a seller needs a reasonable basis to ship within 30 days of a properly completed order, and a seller without records of its shipping systems is presumed to have lacked oneeCFR, 16 CFR 435.2(a) (https://www.ecfr.gov/current/title-16/part-435), checked 24 October 2026
- On a delay the seller must offer a choice to accept it or cancel for a prompt refund; for a delay of up to 30 days silence is consent, and for a longer or unknown delay the order is cancelled unless the buyer consents within 30 days of the original deadlineFTC, Business Guide to the Mail, Internet or Telephone Order Merchandise Rule (https://www.ftc.gov/business-guidance/resources/business-guide-ftcs-mail-internet-or-telephone-order-merchandise-rule), edited January 2025, checked 24 October 2026
- Visa merchandise-not-received disputes may be filed within 120 days of the processing date or of the last expected delivery date, capped at 540 days from processing; where no expected date was given the issuer waits 15 daysVisa Core Rules, edition 18 April 2026, Table 11-92 (https://usa.visa.com/content/dam/VCOM/download/about-visa/visa-rules-public.pdf), checked 24 October 2026
- UPS requires a claim for a lost or damaged package within 60 days of the scheduled delivery, and packages the driver was told to release at the address are not eligible for lost claimsUPS, File a claim (https://www.ups.com/us/en/support/file-a-claim), page modified 25 February 2026, checked 24 October 2026
- USPS lost-mail claims may be filed after 15 days (7 for Priority Mail Express) and no later than 60 days from mailingUSPS, Claims (https://www.usps.com/help/claims.htm), checked 24 October 2026