Is it legal to place flyers in people's mail boxes advertising a small, home business?

The local postman once saw me putting flyers into a mailbox and he told me that if the postmaster recieves complaints about the flyers, I personally could be fined $1000 plus the cost of postage for every flyer that went into a mailbox.

It's not legal to put anything in a mailbox but US Mail, handled by the Postal Service.

Sierra,

While I agree that it is illegal to put anything in a U.S. Mail box, God forbid you ever own your own business, especially in this economy, and in desperation to try to keep the doors open you distribute a piece of paper or a business card to a house to try to generate referrals. And yes, it IS called advertising. When I receive flyers in my mailbox, or the newspaper box underneath, I glance at it, and if I don't need the service, I recycle it. I don't freak out at the "garbage" "these people" leave at my house. These are honest people trying to make an honest living trying to do it the most economical way they know how.

Calm down.

I just want to add some support to those that have said that it is illegal to place materials in other people's mailboxes. The next time you drive up a rural road, noticed the mailboxes that are along it. They can be solitary mail boxes or they may occur in groups. Notice that often beneath the mailbox, there is a smaller box or tube with the name of the local news paper on it. The reason why that other box is there is because the newspaper carrier may not put the paper in the mailbox. If he did put it in the mailbox, then he could open himself and the paper up to a lot of trouble.

It is illegal for anyone other than the owner of a mailbox, or the postal carrier, to put anything in a mailbox.

If you have flyers that you want to distribute, do it the honest way. Pay for postage on them, and send them through the mail.

Do not put them in or on other people's mailboxes; that's a federal offense.

Do not attach them to people's doors, cars, or other property; that's trespassing, littering, and vandalism.

Legitimate advertising costs money. Don't look for ways to steal it. Nobody wants to do business with a thief; any more than with a trespasser, a litterer, or a vandal.

Sure, you can place your business card on OR in anyone's mailbox. It's the same as distributing handbills, door hangers or flyers.

You have to abide by the USPS guidelines for what you distribute - weight, content (no flammables, explosives, scheduled drugs, live animals, etc), and you also need to use reasonable judgment and not distribute anything that would get you a citation for disorderly conduct, mayhem, etc. or you'll get a citation. Don't hand out racist fliers or chain letters ;)

(chain letters -are- illegal)

Otherwise, (un)fortunately, it's fair game.

I confirm that is is ILLEGAL to OPEN somebody's mailbox and remove anything from it.

**DISCLAIMER ** This is my opinion and I truly believe in it.

The above law is written solely by them to protect USPS business. It can be challenged based on the fact that the mailbox is owned by the homeowner and not the federal government. So the homeowner gets to decide what he will or will not accept in it. It still applies that NOBODY other than the homeowner should OPEN it.

Some mailboxes have a special slot in front that allows insertion of mail into it. Using that access ** without opening the box** to add material should be LEGAL. Alternate is to just leave it attached to the outside of the mailbox and the owner will get it (Use weather proof plastic sleeve to protect from rain).

If we Americans used some common sense then this would not be such a complicated matter as I explain above.

Truly,
Samuel Benjamin.

http://law.justia.com/us/codes/title18/18usc1725.html

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1725]


TITLE 18--CRIMES AND CRIMINAL PROCEDURE

PART I--CRIMES

CHAPTER 83--POSTAL SERVICE

Sec. 1725. Postage unpaid on deposited mail matter

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.

(June 25, 1948, ch. 645, 62 Stat. 784; Pub. L. 91-375, Sec. 6(j)(33), Aug. 12, 1970, 84 Stat. 780; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(F), Sept. 13, 1994, 108 Stat. 2147.)


Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., Sec. 321a (May 7, 1934, ch. 220, Sec. 2, 48 Stat. 667).
Reference to persons aiding or assisting was struck out as unnecessary since such persons are made principals by section 2 of this title.
Minor verbal changes were made.


Amendments

1994--Pub. L. 103-322 substituted ``fined under this title'' for ``fined not more than $300''.
1970--Pub. L. 91-375 substituted ``Postal Service'' for ``Postmaster General''.


Effective Date of 1970 Amendment

Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) of Pub. L. 91-375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service.


According to this. The law says "in any letter box..." is unlawful. Nothing about the "flags" or the "post it sits on" or "on" the outside of the box. I don't know! The same people who complain about it "on" the mailbox will complain about it "on" their front door. Just throw it away if you don't want it. I'm just starting my business, I don't have a lot of money for postage, but I do have a lot of time.

I JUST MADE SOME FLYERS FOR A BUSINESS I AM STARTING AND PUT THEM IN PEOPLES MAILBOXES LAST NIGHT. THE POST OFFICE CALLED ME TODAY ALL BIGGITY ABOUT IT. THEY ACT LIKE THEY CARE ABOUT WHAT COULD BE TAKEN OUT OF SOMEONES MAILBOX BUT THE TRUTH OF THE MATTER IS THEY WANT THE MONEY THAT YOU WOULD HAVE SPENT ON POSTAGE. THATS ALL THEY CARE ABOUT. THEY COULD GIVE 2 SHITS IF YOUR IDENITY WAS STOLEN. AND WHO THE HELL IS GONNA STEAL SOMETHING FROM YOUR MAILBOX AND LEAVE A CALLBACK NUMBER. REALLY NOW????

I GUESS I WILL JUST FIND ANOTHER WAY TO ADVERTISE, OH AND I STILL WONT PAY FOR POSTAGE!!!

I HAVE PUT OUT 1000S OF FLYERS IN MAIL BOXES AND FOR THE FIRST TIME TODAY A MAN CALLED ME AND WAS VERY MAD I
DID NOT KNOW THAT IT WAS NOT LEGAL
I AM A MOM OF 4.
I LEFT MY OUTHER 1 YEAR AGO AND HE WAS THE BREAD WINNER SO WITH 4 KIDS 1300 MOR.I HAVE NO MONEY FOR ADVERTISING SO I MAKE ALL MY FLYERS AT HOME AND PUT THEM IN MAIL BOXES
I DONT WONT TO MAKE ANYONE MAD I JUST WONT TO FEED AND HOUSE MY KIDS

Crimes and Criminal Procedure - 18 USC Section 1725
Legal Research Home > US Lawyer > Crimes and Criminal Procedure > Crimes and Criminal Procedure -
18 USC Section 1725



01/19/04


Sec. 1725. Postage unpaid on deposited mail matter


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. AMENDMENTS 1994 - Pub. L. 103-322 substituted "fined under this title" for "fined not more than $300". 1970 - Pub. L. 91-375 substituted "Postal Service" for "Postmaster General". EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) of Pub. L. 91-375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service.

Last modified: April 12, 2006

It is illegal to open or place anything in a persons personal mailbox. the law is very clear in this area. its more important today than ever before for this reason......theft identity. bills arrive at your mailbox with vital personal information. your soc. sec. number, your account numbers, and of course checks in the mail. ciminals frequently canvass neighborhoods, looking in mailboxes, hoping to be able to use your information for their benefit. believe me, a neighbor will call the police to check out your suspicious activities. place the flyer on the flag of the mailbox. it will still be noticed and you will be legal. end

This is for EVRYONE:
I can understand you may be upset for having someone open your box and putting a "Business Card" in it. I wouldn't want someone to open my box unless I know who it is (I have my friends drop of things directly in my box all the time).

BUT... if you can find the time to write up a letter... then a better idea would be is to create a sign that said "DO NOT SOLICIT" and attach it to your box. Junk mail can get annoying, but only for the 10 seconds it takes you to walk over to the trash can and throw it away. After that I doubt you really think about that flyer, business card or junk mail.

I side with you about them opening your box, but at least at that point you know who opened it. What I mean is if someone who was trying to steal your identity isn't going to leave their business card to also get business from you. So getting a small business in trouble just doesn't seem the logical way to be a "Good American". Small Businesses is what makes our economy run... try devoting sometime to get in the way of Big Business... they are the real robbers and thieves.

that's crazy that you can't place flyers in someones mail boxes I understand the law but some businesses just can't afford pricey advertising when their business is just starting radio ads are expensivetv ads are expensive billboards are expensive this country is corrupted just because I place a flyer in a mail box does not make me a thief so whoever posted that comment you are an idiot!!!

PRIVACY! NO one except the homeowner or postal carrier should ever reach into my mailbox. I don't care what your intention is, it's illegal and I follow the law. I would never open the unlocked door of your car to place something inside and you wouldn't want me to do so; neither would you want me to do anything similar to your unlocked home. So, don't do it to my mailbox, because to me it's NO different than coming into my home without my permission. There are laws in place, yes initially it was the monopoly the USPS had over the mail and their wanting every penny of their earnings, but now it comes down to things like privacy, security and identity theft - so STAY OUT OF THE MAILBOXES unless you're a postal carrier.

Nope. Only legally delivered mail from the U.S Postal service can be placed in your post box. Things like personal notes and newspapers and the like are not to be placed inside that sacred box.

But it's rarely pursued.

I use postit notes for advertising and have been for years. I put on the out side of the mailbox of course not abstracting the anything on the mailbox. I have not seen law any anywhere that says its illegal to put anything on a mailbox. Ive been look for this law and have not seenit. If some one has a place I can read this for my self and have my lawyer review it, im looking for laws for the state of minnesota Please let me know

Unless you put dangerous or obscene things in people's mailboxes, nobody gives a damn. Don't be afraid to distribute your fliers. I have never seen a case where somebody was being sued for putting a harmless flier in the mailbox.

My neighbors lawyer put and unconcealed response to a restraining in my mail box . What about my priviacy?
This was a legal court document that had no envelope and contained personal and slanderous information on it.What is the law regarding putting such things in a mailbox by hand rather than using the postal service to do it?

OK.. so here is a twist.. Is it still illegal if I actually OWN the house, but my EX-WIFE resides in the house? ?? He lawyer sent me a letter telling me its a crime, heck Im giving her money Im supposed to pay her..

Is that illegal?

Nope!

It is illegal to place flyers inside of ppl's mail boxes ex....

No.

What if you put a stamp on it?

It doesnt' matter who purchased the mailbox. When you put up a box and establish mail delivery, you are agreeing to the terms set forth by the USPS. If you do not agree to those terms, you could have Fed-Ex or UPS deliver your mail. You aren't gonna pay $.44 per letter though. Without the Postal Monopoly mail delivery would be priced out of existance.

By the way. I recommend that people look into bulk mail rates. It actually costs less than people think to cover hundreds of boxes. Dirt Cheap!

Oh yeah and if the USPS lifted the restrictions on flyer distribution, mail carriers probably wouldn't be able to fit mail into your box with all the porno flyers that would be in there.

It the US, that it not legal. The home owners can call the police and even file a lawsuit if they want to be nasty. You're better off hanging the fliers on their doors (which is legal). Also, do not make your fliers stick to the door with tape or glue because that can be counted as vandalism.

It is illegal to open someone else's mailbox.

OK.. so here is a twist.. Is it still illegal if I actually OWN the house, but my EX-WIFE resides in the house? ?? He lawyer sent me a letter telling me its a crime, heck Im giving her money Im supposed to pay her..

Is that illegal?

Read more: Is it legal to place flyers in people's mail boxes advertising a small, home business? | Answerbag http://www.answerbag.com/q_view/24632#ixzz1dhgeC44R

bob your not the brightest color in the box are you? The post office is operating a monopoly and the federal government is supporting it. To say mail them your suggesting that one has thousands of dollars laying around in a marketing plan to do so. If you dont' want to get a flyer on your door, then move out in the country where your out of society.
I pass out flyers for years, and Bob! I do NOT want a client like you to ever call me. It is illegal to put in or on outside of mailbox, but you can put them on the post of the mailbox, regardless of what the usps website says, you are ok. Personally I dont' think they should be able to prosecute unless and only if it was placed inside, which I TOTALLY understand with all idenity theft goin around. I think the law needs to be changed, after all the homeowner owns the box NOT THE POST OFFICE!

Shawn

it dependes if you are doing something bad or trashing like puting a fire or egging it that should not be done but, i think if you are a little just doing it in the neighbor hodd for maybe, a little food or if you like a plastic snowball machine and would like to do a little buisness my opinion yes but, i am still waiting for the right answer too

According to the USPS's "Postal Explorer" website, "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" (See below for the full section on this).

So the answer is no; flyers, along with any other matter that has not been sent officially through the United States Post Office and with the proper amount of postage, may not be put in, *or on*, a mailbox.

The Postal Explorer website can be found here: http://pe.usps.gov/

With the PDF regarding recipient services here: http://pe.usps.gov/Archive/PDF/DMMArchive0106/508.pdf

And the full article relating to this question/answer:
3.1.3 Use for Mail
Except under 3.2.11, Newspaper Receptacle, the receptacles described in 3.1.1
may be used only for matter bearing postage. Other than as permitted by 3.2.10,
Delivery of Unstamped Newspapers, or 3.2.11, 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. [D041.1.3]

Hope this helps!

Laws vary world wide ...

In Canada, it is legal to distribute advertising door to door ... however, if there is a visible sticker on or near THAT mailbox saying "No Flyers/Pas des Circulaires" then you MUST not put it in THAT mailbox, or you will be both charged and fined (up to 30 days + $1,000.00 per mailbox violation) ... those people have clearly posted their desire to NOT be solicited.

Everyone should know that you can't open another persons mailbox. But according to the law mentioned above, it sounds like you can't hang or attached flyers or such from the mail box receptacle itself, but can attach things to the mailbox post.

no...go to www.usps.com...it is a federal offense

straight from the USPS:
https://hdusps.esecurecare.net/cgi-bin/hdusps.cfg/php/enduser/std_adp.php?p_faqid=7453&p_created=1129571923&p_sid=7kKdt2ki&p_accessibility=0&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX3Jvd19jbnQ9MzYmcF9wcm9kcz0wJnBfY2F0cz0mcF9wdj0mcF9jdj0mcF9wYWdlPTEmcF9zZWFyY2hfdGV4dD1tYWlsYm94&p_li=&p_topview=1

Mail goes in mail boxes. You're talk'n the Federal Government here

well if it is illegal, i'm sure i just got someone in trouble. just yesterday i opened my mailbox to find someone had opened it and put his business card in it. that was the last straw. it's bad enough these people leave their garbage taped and stuck to my front door every day, and claim to call it advertising. but this was in my mailbox. the kind you have to open up to put things in. not something with a little slot you can just drop a card in and never see the inside. i wrote a not to the postal carrier and stapled the card to it, asking the carrier to forward it to those who are able to take corrective action against the person who left the card. i've had enough.

It is in Georgia.

No. The inside of the box is considered USPS property. You can be fined.