I've never heard of that procedure being implemented. Normally you would have to contact a company if you don't want to accept a delayed item.
The following information is from BC moderators.
Please note since revised backorder date is over 30 days, to insure your doll is kept on order please contact customer service at 1-800-491-7514 or email email@example.com. Be sure to include your order number, name, mailing address, and the Mermaid doll item number W3427.
According to Mattel this is a Federal Trade Regulation policy:
It is an FTC regulation that BC is required to have customers confirm they still want the doll. I suggest you check out http://business.ftc.gov/documents/bus02-business-guide-mail-and-telephone-order-merchandise-rule where it states:
"If you cannot ship the merchandise by the definite revised shipment date included in your most recent delay option notice, before that date you must seek the consent of your customers to any further delay. You must do this by providing customers a "renewed" delay option notice. A renewed delay option notice is similar in many ways to the first delay option notice. One important difference: the customer’s silence may not be treated as a consent to delay."
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