From the FTC business guide to compliance with the Mail Order Rule:
"When you learn that you cannot ship on time, you must decide whether you will ever be able to ship the order.
If you decide that you cannot, you must promptly cancel the order and make a full refund.
If you decide you can ship the order later, you must seek the customer’s consent to the delay."
I have never read any report from a customer saying that LI requested consent for the delayed shipments.
The business guide is here: http://business.ftc.gov/documents/bu...rchandise-rule
It's an easy-to-understand Q&A style document, not filled with legalize.