Section 1725 of Title 18 of the U.S. Code prohibits placing mailable materials like circulars and sales bills with unpaid postage in mailboxes with intent to avoid payment of postage. That means that the Chinese menus and offers for cheap lube jobs that end up in your mailbox might have been placed there illegally. One reader whose mailbox was clogged with this junk contacted the USPS to report the businesses. Her story, and the post office’s ambivalence, inside.
Our reader writes:
Three years ago I bought a house in NJ and moved into the new development. In the beginning, my mailbox was constantly getting stuffed with flyers and the like offering services such as cleaning, nanny, and contractor work. Knowing that it is illegal to place these materials inside a mailbox without a stamp (see Section 1725 of Title 18 of the United States Code), I asked via the USPS website whom I should be contacting in order to get these to stop coming to me. The response I got back the following day was to forward the matter to my local Post Office. I did exactly that, mailing the offending flyer with a letter to the local post office asking them to enforce Section 1725 of Title 18 of the United States Code. The amount of flyers received in my mailbox has since decreased, but everytime I got one in my mailbox, I would mail it with a letter again asking them to enforce Section 1725 of Title 18.
Several weeks ago, I got a knock on the door and it was a postal worker who had indicated that they have received the letters I had been sending them all along and to please stop. She admitted that they call the business in violation of Section 1725 and ask them not to do it again, but do nothing to really enforce it. It puzzles me why they even bother to establish this and layout penalties if no one is going to enforce them.
It puzzles us too. The USPS’s website (PDF) states: “Except under 2.11 [dealing with newspaper boxes attached to mailboxes], 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.” Note that “door slots and nonlockable bins or troughs used with apartment house mailboxes” are excluded from this prohibition, and can be loaded up with as many flyers as they can hold. Although our reader was told to contact her local post office, there’s actually a specific form for these complaints on the U.S. Postal Inspection website. You can also try contacting the business directly and informing them that they are breaking the law.
Customer Mail Receptacles [USPS]
File a Complaint [United States Postal Inspection Service] (PDF)
Postage Unpaid On Deposited Mail Matter [United States Code]
(Photo: Jenna Belle)
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So, are mailboxes tax deductable? Since you are basically donating it to the government when you buy one. Do you then get taxed (hopefully on the depreciated value) when you re-claim the mailbox for another use?
perhaps another way around this would be to write a different letter to the post office:
dear postmaster general,
please refrain from placing materials in my mailbox that bear your “postage” stamp. your mailings are interfering with my ability to efficiently browse through promotional material delivered by freelance mailpersons. please comply as soon as possible, so we can quit wasting each others’ time.
thank you,
XXXXXXXXXX
i bet that would get their attention.
My recycle bin is right next to my mailbox. Makes dealing with this terrifying problem easier than preventing it.
@stinerman:
That’s true, some barber got a citation in Canada recently for opening his barber shop on a Holiday. Law was sitting on the books and it’s the only thing the cops could come up with when they had reports of kids hanging around the barber shop and the owner wouldn’t call it in because he didn’t care. That same law is still on the books from 1914!!!
[www.municode.com]
Quote:
Columbus Georgia Code
Sec. 14-8. Barber shops; Sunday closing.
It shall be unlawful for any barber shop to be kept open or do any business on the Sabbath day.
(Code 1914, § 798)
@Lucky225:
Also on the books in Georgia I meant
I remember hearing when I was a kid that the Boy Scouts put a whole bunch of flyers in people’s mailboxes. Somehow the postmaster found out and fined them (or had them fined) quite a bit of money. So my recommendation is to just stick stuff in the door just to be safe.
Just think of all the potential fines and penalties they are missing out on by not enforcing this. Although, unless i’m reading wrong, it’s only illegal for it to be placed in the mailbox right? so if they slip it under the door or just leave it on the porch/steps, it’s not really a crime? then again, i guess you can call them on littering.
@snoop-blog: But he asked about bodily solids
@Shutaro: LOL I like the way you think! But I’m not an anarchist. I just believe that there are different types of laws. Some are good and some aren’t. This is the latter of the two. Surely this law was made for a reason, but I would venture a guess that its day has passed and it is time to do away with it. There is a very orderly system for undoing laws out there somewhere…All does not have to be lost, I say just follow that process and we avoid a total breakdown!
@Lucky225: @Lucky225: Those types of laws have been ruled mostly illegal in the US, by the Supreme Court. They can’t be enforced.
Ain’t nobody in charge anymore. Used to be the US Postal “police” had the briadest police powers in the nation. Could kick any door anywhere anytime, open any bank account, lockbox or safe depsoit without warrant or probable cause. No, I’m not smoking my socks. Bu in the town nearest me, when punks began robbing mail out of house mailboxes, the nearest postal inspectors were 300 miles away in Denver, and pretty much said Ho Hum Have A Nice Day.
Nobody’s in charge. And nobody cares nobody’s in charge.
Like Katrina.
@samurailynn: here! here! i actually embarked on that adventure (canceling the phone book delivery) after i received a yellow book last year. & to my surprise, they didn’t deliver a phone book this year.
they delivered four.
yeesh!
I saw the actual postal carrier putting the things in the mailbox
@full.tang.halo: I was aware of the fact, but how does that make the laws work? (seriously asking)
@Bladefist: Actually, compared to the terrible customer service I’ve gotten from UPS, the postal service actually *is* pretty awesome. They’re also one of the few carriers that will ship from the U.S. to Canada without charging absurdly high customs broker fees.
@bradanomics: yeah a lot of places slip the carrier some bills to put their flyers in everyones mailbox. It’s actually legit.
@donkeyjote: Then why are car dealers always all closed on Sundays? If the laws are illegal, the one that opens on Sunday would get all the business from those that don’t bother.
Has the Postal Cat met Tax Cat yet??
Jesus. If you get an unwanted flyer — same as a piece of junk mail — just toss it in the recycle bin and stop your crying. “But it’s illegal!”, I hear you sob. So’s jaywalking. Should we call the FBI? Christ, get a life…
What if you contact the business via certified mail and advise them to stop sending these, and advice of the law they are breaking? If they continue doing it, then take them to small claims. Rinse and repeat. If this can be done with success, then it won’t take long before many others start doing it too.
I know I’m fucking sick and tired of junk mail. My box is full every day of it. My six month old daughter is already getting junk mail, and the only place her name and address has been used is for medical purposes.
@failurate: Are mail boxes tax deductable..no. Sheesh, where do people come up with this?
Putting up a mailbox is basically an unwritten, unspoken agreement between a customer and the USPS to retain specific delivery services. But no one forces you have to put up one if you don’t want to utilize their services.
@akede2001: You can’t take people to civil court for criminal violations.
@ClankBoomSteam: Yeah, how silly is it to hold people accountable for breaking the law?
@MelL: When it’s a violation as trivial as a Chinese menu? Very.
When I was 14ish, my mom had me go door to door throughout our neighborhood with the task of retrieving all of the illegal flyers. We sorted them, bundled up the flyers and then we delivered stacks of them to the offending businesses. It got the message across real quick.
@ClankBoomSteam: So what other illegal activities do you feel should be ignored as “trivial?”
@coan_net: The point of the law is to grant the USPS a statutory monopoly. It is ILLEGAL to run a private mail service. The USPS laws are designed to prevent people from delivering their own mail because it is trying to prevent anyone from competing with them.
Just find out where your postmaster lives and put them all in his/her box.
@celticgina: Thanks to efile, Postal Cat and Tax Cat will never meet, though Refund Cat may occasionally stroll in.
@stinerman: I agree. I don’t like so many stupid laws. As a conservative, less government, stud, don’t look at me.
@Orv: The USA PO actually the only example of a government service that actually functions better then private ones. USPS priority 2-3 day mail is absolutely amazing and UPS/FedEx can kiss my ass
Like SkokieGuy said, I already died on that hill. It is not worth it. As president of our homeowners association, I was implored to get our postmaster to take action against the illegal flyer fairies. The postmaster did take the requested action. Now the flyer fairies leave their wares via any other method available, and that currently includes thumbtacking, power stapling, duct-taping, and twining the flyers to our mailbox posts. So much more attractive than just stuffing the damned things in the box. Holes, tape marks, removed paint, half-sheets still stapled to the posts. Wish I had kept my mouth shut and just told the homeowners that I tried without success!
you know, there’s a lot of people saying “blah, blah, this is stupid.”
think about it like this: a stranger is opening your mailbox that is full of your personal information like bills, credit card offers, checks & cards from loved ones. yes, they’re depositing a silly flyer…but what are they helping themselves to?
“Have you heard the term “unfunded mandate”? A law or regulation required by government, but with no funding to implement or enforce?”
Actually, it would be a simple matter to fine them. It’s not like they don’t know who did it. They already spent the time to call them. One postal inspector fining them is about all it would take. I’m not positive a postal inspector can fine someone but I know they have some authority. They deal with mail fraud, after all.
“When I was 14ish, my mom had me go door to door throughout our neighborhood with the task of retrieving all of the illegal flyers. We sorted them, bundled up the flyers and then we delivered stacks of them to the offending businesses. It got the message across real quick.”
Lol. I do that sometimes when someone puts a flyer on my car. I collect them all and deliver them back to the business. Usually the parking lot has a sign up saying putting flyers in isn’t allowed too.
Anyone that knocks on my door and leaves a flyer automatically loses my business. One scummy company put up flyers on peoples doors that looked like condemned signs. Freaked the heck out of the neighbors. I called and bitched them out. They didn’t care. Businesses like that need to have their sales managers put down.
My mailbox isn’t your stashhole.
@Lucky225: Whoa, over react much?
@Lucky225: @Lucky225:
These kids today don’t know what “soliciting” means. Try “Door Broken”.
@Icantlikethat: Everyone wants to do their part to save the Earth, don’t they?
Oh look honey! The new phone book is here!
This sign works for me 95% of the time. Most people get the message and leave nothing. This is sign number two though, someone thoughtfully took the time to scrawl “Fock you dick!” [sic] on the last one.
P.S.> My mailbox is across the street (with everyone else’s on the block) and is only accessible by the postman. People just drop their flyers on my lawn and porch.
@sodden:
I’m not sure it’s that simple. Just because the businesses flyer was in the mailbox doesn’t mean they put it there, or asked for it to be put there. What if I collected a few Chinese menu’s and put them in various mailboxes? Perhaps proof of who actually placed it there is part of the reason they don’t enforce it.
kinda reminds me of the movie the shawshank redemption where eventually if you ask frequently enough they eventually will give in and do as they say, figure that if the writer keeps writing in eventually they will tell the person to do it
You can report it to the US Postal Inspection service. And they will not waste time investigating it because it is fantastically trivial.
The regulation exists so it can be enforced, it doesn’t mean it will be. Hint: If you are offering a competing service with USPS than you could get in big trouble.
I get a lot of flyers too. No one puts it in our mailbox. But they will attach it to the outside of the mailbox with a rubber band, thumbtack, tape, or just wrap the damn crap around the handle. And it’s all legal.
So even if you succeeded in getting your post office to do something, you’d still get flyers.
This is actually perfectly normal. There are many, many laws on the books that police choose not to enforce and district attorneys choose not to prosecute. There are still many places where it’s illegal to swear in public, but that law simply isn’t worth the time and effort it would take to enforce.
So, if I want to advertise my business, I can drop stuff in peoples’ mailboxes with a 1 Cent stamp? Sweet. I’m going to print fliers this week.
My solution: Get a bunch of those flyers (make sure they don’t have your name or anything identifying on them) and drop them off in one of the big mailboxes. The post office may not do anything when flyers are YOUR problem, but when you make it THEIR problem, they’ll have a talk with the offending business.
The fact that this is illegal should bother nobody. The USPS has already shown that they don’t care about it happening to you, so why would they care if it happens to them?
@Posthaus: I doubt you need a mailbox to receive mail. When my mailbox was blown away to god knows where during a storm the postal carrier dropped the mail off on the porch.
I filed a request to hold mail for a few days until I had time to get a mailbox and mount it again as the mail on the porch was sometimes not rubber banded together and would blow all over sometimes. USPS unsurprising ignored the request to hold my mail.
20 years ago I put babysitting flyers on the mailboxes (in between the box and the flag /arm) of my neighbors offering babysitting services. I was only 17 and had only wanted to make some pocket money…
…Then I got a call from my local postmaster telling me it was a federal offense and that I would be charged if I did it again.
Glad to see they follow the regulations so closely 20 years later!
Some areas do care. Years ago I was putting flyers for something we were doing in our neighborhood to raise money for something or other. I put flyers into all the mailboxes, just to have the postman come along and take them all out.
When I was about 15 or 16 or so, I put flyers in everyone’s mailboxes about a pet-sitting service I wanted to start up. I got a call from one of the people in the neighborhood, who lectured me on how I can’t do that.
I didn’t know any better. People are mean
What I want to know is, how does the federal government have a right to make a law about who can put paper in a container on my property? It’s my damn box, I decide who puts stuff in it.