Putting flyers on mailboxes....every day a lesson learned

http://www.gao.gov/archive/1997/gg97085.pdf

Here’s how the restrictions are described:

 

In 1934, Congress enacted a law known as the “ mailable restriction” that prohibits anyone from placing mailable matter without postage into any mailbox.  This law, 18 U.S.C. 1725, gives the Postal Service a virtual monopoly over mailboxes and currently reads as follows:

“Whoever knowingly and willfully deposits any mailable matter such as statements of accounts, circulars, sale bills, or other like matter, on which no postage has been paid, in any letter box established, approved, or accepted by the Postal Service for the receipt or delivery of mail matter on any mail route with intent to avoid payment of lawful postage thereon, shall for each such offense be fined under this title.”

Under current law, a violation of the mailbox restriction law is an infraction that can be punished by a fine but not by imprisonment. The maximum fine for each offense is $5,000 for individuals and $10,000 for organizations. [See Footnote 6]

Exemptions allow (1) mailable matter to be left without postage in door slots and nonlockable bins or troughs used with apartment house mailboxes; (2) mailable matter to be left without postage on a hook or ring attached to the post or other support for the mailbox ; and (3) unstamped delivery of newspapers that are regularly mailed second-class to curbside mailboxes on Sundays and national holidays, if they are removed before the next scheduled day of maildelivery. See DMM D041.1.2, D041.2.10, and Rockville Reminder, Inc. v. United States Postal Service, 480 F.2d. 4 (1973).

Door slots and nonlockable bins or troughs used with apartment house mailboxes are not letterboxes within the meaning of 18 USC 1725 and are not private mail receptacles for the standards for mailable matter not bearing postage found in or on private mail receptacles. The post or other support is not part of the receptacle.

I actually just did this with my babysitting flyers. I got a call from a lady who asked about it and I got real excited until she told me this was a federal offense. I really had no idea! I felt like such an idiot. It turned from this innocent thing to now I'm a lawbreaker. Little embarressing. I understand why the law is there i guess...but really, America is just SO uptight!

You have no business putting flyers on mailboxes or front doors.  I've seen flyers left on mailboxes for a couple of weeks.  Got to figure the people are on vacation.  Suppose someone breaks in.  If that happened to me, I'd probably sue the person who did it.

Door hangars are the best. Stay away from the mail boxes...just asking for trouble with mailboxes.

There is a whole industry out there called the association of alternate postal systems.....here's a linkhttp://www.aapsinc.org/

 

I use door hangars all the time and they work if you have a good message. Gotprint.com is a great cheap place to get awesome work done.

 

If you have photoshop you can down load their templates complete the art work on their high resolution templates then send in for a test print, if it comes back ok...send in for a full print run of the quantity of choice.

 

I do this all the time and it works great! If anyone needs any help doing this contact me. I can help with design art work etc...coach you thru the whole set up including door hangar bags ...I get those from Uline.com...18-26 dollars for 1000 door hangar bags.....very reasonable.

 

People will call you ! I get all kinds of calls and leads everyday....cheaper than using the post office as well...plus you may get to actually talk with some folks face to face which is always a bonus.

 

Hope this helped.

 

Rich Ward

Supplemental Income Group

1-800-679-7042 Ext. 2562

I got hired on Friday and saterday to hang flyers from mailboxes, on saterday I got stopped and yelled at by a post office guy telling me that I couldn't do that, and that it is illegal to hang flyers from the flags of mailboxes. He was getting In my face, yelling at me and saying it was illegal, and I knew for a fact that it WAS LEGAL to HANG flyers FROM a mailbox, and that it was ILLEGAL to PUT them IN a mail box. So at that point I told him to get the hell out if my face, and demanded he gave me his supervisors number so that I could #1 report him, and #2 check the law with the postmaster. So I called and talked to the postmaster and he confirmed that it IS legal to hand them FROM a mialbox, but you CANNOT put them in a mailbox. So I as right, and you did nothing wrong, I checked the law and talked to the postmaster about it.

Well, no one has answered the question yet, what will happen if you do put flyers in mailboxes? I did it today without knowing it was an offence and my broker told me to never do it again and explained why. I had NO IDEA! That is was a federal offense and all...

So what am I looking at for trouble? Will I have to pay? I put the flyers inside of about 75 mail boxes. I have a client looking for a home in the neighborhood and so I thought I would leave everyone a flyer asking if they were open to selling to an all cash buyer.

Am I in big trouble here?!?  

Someone has answered the question...

Under current law, a violation of the mailbox restriction law is an infraction that can be punished by a fine but not by imprisonment. The maximum fine for each offense is $5,000 for individuals and $10,000 for organizations. [See Footnote 6]

I was called by our post master and was told only stamped items can be placed in the mailbox, but however, I could either put the flyer between the flag and the box, or just put them in door ways.  He figured I wasn't aware and that is why he called.

I do not like anyone going in my  mailbox.  Would you  like some going into some personal thing of your  like your bank account . When my mother was alive I remember this person always coming to put something in the mailbox when her check arrived.  sorry 

http://pe.usps.gov/text/dmm300/508.htm#1069177

"no part of a mail receptacle may be used to deliver any matter not bearing postage, including items or matter placed upon, supported by, attached to, hung from, or inserted into a mail receptacle. "

I am with Sharon above. Don't put flyers with sticky adhesive on my mailbox or unwanted flyers placed in my mailbox with no postage. I get enough junk mail I don't want anymore. And with the day of the Internet, if I need to find a business I can find it myself. I don't need unwanted advertising and more junk mail to deal with and clean off my mailbox. It's a federal offense and I am NOT welcoming or allowing solicitation. If you are a reputable business owner than pay for the G Dang postage or cease from soliciting illegal. I am cracking down on this and tired of it. I have surveillance on my mailbox now and the first time I catch some idiot breaking the law and littering my mailbox with tacky flyers it will be ugly. I will go far as pressing charges and filing a complaint since it's a federal offense. Its the law.

John,

You seriously need to get a life! Do you not think that other people, especially law enforcement, have better things to do? Really? I hope the next time you speed, that's illegal, throw your banana peel, not wear your seat belt, that they give you a ticket. Get a life!

Breaking the law is breaking the law.

There are no exceptions for good intentions, "not knowing" there was a law, or even tough economic times.

If you do not work for the USPS, it is a violation of federal law to place anything in, on or attached to a mailbox, if you have not paid postage.

As a corporation soliciting new business, your company could be fined up to $10,000 for EACH violation of Section 1725 of Title 18 of the US Code:

https://www.law.cornell.edu/uscode/text/18/1725

If you don't want the USPS or local residents in your face, and you can't afford tens of thousands of dollars in fines, simply DON'T put your promotional materials in or on a mailbox. OR, put proper postage on EACH and EVERY single thing you "deliver."

Why should you or any other business get to skip the step of paying the USPS to deliver your promotional junk? That's an unfair business advantage, and is completely unAmerican.

I see flyers all the time on the sides of the large community mail boxes. All kinds from missing pets, HOA meetings at the park, garage sales, and little girl wanting business for her dog walking gig after school. People use those things like community bill boards all the time. Are those still considered illegal solicitation? Or is it different cause it's aimed at the community? Would it not be illegal if you put a stamp on the upper corner of the flyer before you tape it up? That's a legit question.

What a crock! USPS makes it sound like a noble thing they are protecting when in reality all they are doing is trying to protect their own interest. Claiming the mailbox, inside and out? Really? I sit here shaking my head, I inserted a folded piece of paper. It takes up no room but USPS doesn't get their .45 cents, which means even though I'm going from house to house, they aren't getting the money. What a joke! Pretty soon they'll do away with the junk mail and these guys won't have anything to deliver. Get it while you can...

Door slots, nonlocking bins or troughs are not mailboxes. See 1.2 Exclusions

D000 Basic Information
D040 Delivery of Mail
D041 Customer Mail Receptacles
Summary
D041 describes the standards for letterboxes or other receptacles for the deposit or receipt of mail. It also contains the standards for curbside mailboxes.
1.0 Basic Standards
1.1Authorized Depository
Except as excluded by 1.2, every letterbox or other receptacle intended or used for the receipt or delivery of mail on any city delivery route, rural delivery route, highway contract route, or other mail route is designated an authorized depository for mail within the meaning of 18 USC 1702, 1705, 1708, and 1725.
1.2Exclusions
Door slots and nonlockable bins or troughs used with apartment house mailboxes are not letterboxes within the meaning of 18 USC 1725 and are not private mail receptacles for the standards for mailable matter not bearing postage found in or on private mail receptacles. The post or other support is not part of the receptacle.
1.3Use for Mail
Except under 2.11, the receptacles described in 1.1 may be used only for matter bearing postage. Other than as permitted by 2.10 or 2.11, no part of a mail receptacle may be used to deliver any matter not bearing postage, including items or matter placed upon, supported by, attached to, hung from, or inserted into a mail receptacle. Any mailable matter not bearing postage and found as described above is subject to the same postage as would be paid if it were carried by mail.

Law For Residential Mail Box

by rmPublisher

Law For Residential Mail Box – Residential Mailbox Regulations

Citizens are swindled out of millions of dollars every year by mail scams and mail theft. The law for residential mail box thefts needs to be revamped. Some residential mailbox laws are already in place but few people know about them.

Existing residential mailbox laws state that only authorized letter carriers may insert mail into a residential mailbox. A penalty will be imposed for anyone who is not a letter carrier and is inserting mail in the residential mailbox. It is a federal offense for tampering with the mail and a fine or possibly jail time can be the punishment for the offense. Generally, resident mailboxes are for mail use only.

Mailbox Usage for Non-USPS Mail

However, newspapers and magazines which are sent on Sundays and national holidays can be placed in the residential mailbox if the homeowner removes them before the next mail delivery.

The USPS code states that private carriers may deliver newspapers and place them in the newspaper receptacle only.

The receptacle cannot touch the residential mailbox, cannot interfere with the delivery of the mail, does not extend beyond the front of the mailbox and does not display any advertising except for the name of the publication.

The USPS Domestic Mail Manual states that “no part of a mail receptacle may be used to deliver any matter not bearing postage, including items of matter placed upon, supported by, attached to, hung from, or inserted into a mail receptacle.” In other words, the mailbox may not be used for anything other than for pieces of mail with postage attached.

The USPS Domestic Mail Manual goes on to states that it is a federal offense and there is a significant penalty for violating this law.

Who Owns your Mailbox?

Homeowners need to be aware that even though they purchased and maintain the residential mailbox, the mailbox belongs to and is controlled by the USPS (United States Postal Service). That means that any tampering of the mailbox is a federal offense.

Filed Under: Mailbox Laws and Regulations
Tagged With: Laws

My HOA says that they can open the mail boxes and place their newsletters in them. I was a victim of identity theft by someone that removed my mail from my mailbox. Is the HOA correct or are they in the wrong? I am worried that my mail contents will be compromised again someday.

@Walter Porzucek, They are incorrect. See regulations above.