home *** CD-ROM | disk | FTP | other *** search
- @082 CHAP ZZ
-
- ┌─────────────────────────────────────┐
- │ MAIL ORDER SALES: FTC REGULATIONS │
- └─────────────────────────────────────┘
-
- Any business that is involved in selling goods by mail order
- needs to be aware of a regulation of the Federal Trade Com-
- mission that deals with mail order sales, called Rule 435.1.
- @IF153xx]Since your business is engaged primarily in mail order sales,
- @IF153xx]it is crucial that you understand the rules discussed below,
- @IF153xx]to avoid possible customer complaints that could result in a
- @IF153xx]run-in with the FTC for @NAME.
-
- This federal regulation requires any business soliciting
- mail order sales to be prepared to ship the merchandise within
- 30 days after an order is received, unless it has clearly
- stated in its solicitation that orders will not be shipped
- for a longer period, such as 60 days. Otherwise the solici-
- tation will be considered as an "unfair and deceptive trade
- practice."
-
- In addition, if you receive an order and for some reason
- you cannot ship it within 30 days (or the period stated in
- your solicitation), you must:
-
- . Immediately notify the customer and offer the
- customer the option to either cancel the order and
- receive a refund or consent to the delay in
- shipment;
-
- . Indicate when you will be able to ship or that you
- do not know when you will be able to ship the order;
-
- . Provide other required information to the customer,
- which will vary in content depending upon when you
- expect to be able to ship.
-
- In addition, since March 1, 1994, these rules have been ex-
- tended to ALL orders you receive, including those received
- by fax or telephone, in addition to those received by mail.
-
- Rule 435.1 of the FTC is fairly complex and difficult to un-
- derstand, but you need to understand and be familiar with
- it if you sell goods by mail order. If you are going into
- the mail order business and want a single source of authori-
- tative information on the mail order laws of the U.S. and
- all 50 states, you should obtain the "Mail Order Legal Man-
- ual," by Erwin J. Keup, Esq. It is available from the pub-
- lisher of this program, at the address given on the sign-
- off screen.
-
- @CODE: LS
- In @STATE, mail fraud is protected by law.
-
- @CODE:OF
- ┌─────────────────────────────────────┐
- │ MAIL ORDER SALES: SALES & USE TAX │
- └─────────────────────────────────────┘
-
- Note that if you sell across state lines to customers in
- states where you have no offices, employees or other pres-
- ence, the sale is usually not subject to sales tax in eith-
- er state, since it is an interstate sale. However, techni-
- cally, such sales are subject to "use tax" (which is sort
- of a "shadow" of the sales tax, which applies where the
- sales tax doesn't in most states) in the customer's state.
- The U.S. Supreme Court and other courts generally have not
- supported attempts of the various states to force out-of-
- state retailers to collect use tax on mail order or other
- sales made to residents of the taxing state, so that most
- mail order firms tend to treat such interstate sales as
- being tax-free, or tell the customers that it is up to them
- to report the purchase and pay the use tax (which they al-
- most never do).
-
- However, in recent years, many states have enacted new and
- broader sales and use tax laws that require out-of-state
- retailers who advertise in the local media or send substan-
- tial amounts of direct mail/catalog solicitations into the
- state to register as retailers subject to sales or use tax
- in the state, and treating such direct sales as taxable.
-
- Some states have aggressively enforced these new laws,
- which has imposed a major burden on many mail order firms,
- and the states have been lobbying Congress to enact federal
- legislation that would give states more power to force out-
- of-state retailers to collect use taxes on sales made to
- residents of a given state.
-
- ┌───────────────────────────────────────────────────┐
- │BOTTOM LINE: Don't assume that interstate sales are│
- │still "sales tax-free," at least in many states. If│
- │proposed federal legislation passes, you will prob-│
- │ably be required to collect and pay over sales or│
- │use tax in all states fairly soon after any such│
- │federal law is enacted--if that should ever happen.│
- └───────────────────────────────────────────────────┘
-
- RECENT TAX DEVELOPMENTS:
- ------------------------
-
- The U.S. Supreme Court held, on May 26, 1992, in the case
- of QUILL CORP. v. NORTH DAKOTA, that a state may NOT force
- out-of-state mail order retailers to collect use tax on
- sales to residents of the state, where the company had no
- presence in the state. The Court held that such state laws
- interfere with interstate commerce, in violation of the U.S.
- Constitution. Thus, it appears that many of the broad new
- mail order use tax law provisions, which have been adopted
- in some 34 states in recent years, and which were targeted
- at mail order firms, may be invalid.
-
- This is very good news for mail order retailers, but the
- bad news is that the Court also indicated in its decision
- that Congress could, if it chooses to do so, constitutional-
- ly enact legislation that would permit the states to require
- use tax collection on mail order and similar sales by out-
- of-state retailers. Thus you can probably expect Congress
- to pass such a law in the near future, under intense lobby-
- ing pressure from state governments that are also grasping
- at any means possible to raise their tax revenues....
-
- Such a bill was introduced in Congress in 1994 by Senator
- Dale Bumpers, of Arkansas, and while it did not pass in
- 1994, was reintroduced by Senator Bumpers on March 13, 1995.
-
-
-