Yes, it is illegal to put flyers in a mailbox in the United States without proper postage and delivery through the United States Postal Service (USPS). Federal law strictly regulates the use of mailboxes, making them exclusive to USPS and the intended recipient of mail delivered through their services.
The Law on Mailboxes
Under 18 U.S. Code § 1725, the law states:
“Whoever knowingly deposits mailable matter on which no postage has been paid in any letter box established, approved, or accepted by the Postal Service…shall be fined under this title.”
This means that placing any item—including flyers, advertisements, or non-posted materials—directly into a mailbox is prohibited unless postage has been paid. This regulation is enforced to protect the USPS’s exclusive rights to mailbox use and ensure the security of mail. Violators can face fines and other penalties.
Intent Behind the Law
- Preserving USPS Revenue:
The law ensures that all mailable matter contributes to the funding and operations of the USPS through paid postage. - Mailbox Security:
Restricting access to mailboxes protects against tampering, identity theft, and the introduction of unauthorized materials. - Standardized Delivery:
USPS’s exclusive use of mailboxes ensures reliable and uniform mail delivery.
Common Scenarios and Legal Implications
- Placing Flyers Inside Mailboxes:
This is unequivocally illegal unless the flyer is properly stamped and delivered through the USPS. - Hanging Flyers on Mailbox Flags or Outside the Box:
Attaching flyers to the mailbox exterior, such as using tape or rubber bands, is also prohibited under USPS regulations. The entire mailbox and flag are considered federal property. - Leaving Flyers Near the Mailbox:
Placing flyers in a non-attached location, such as on the ground or in a door slot, may not violate federal law but could breach local littering ordinances or property rules.
Penalties for Violating the Law
Violating 18 U.S. Code § 1725 can result in:
- Fines: Monetary penalties may vary depending on the severity and frequency of the violation.
- Civil Liability: Property owners may take legal action if unauthorized materials damage their mailbox or violate their privacy.
- Potential USPS Intervention: Repeat offenders may face formal warnings or escalated actions from the USPS Inspection Service.
Alternatives for Distributing Flyers Legally
- Postage-Paid Mail:
If you want to deliver flyers via mailboxes, affix proper postage and send them through the USPS system. - Door-to-Door Distribution:
Place flyers in door slots, leave them at entryways, or hand them directly to individuals. Check local ordinances to ensure compliance with solicitation laws. - Public Posting Areas:
Use bulletin boards or community boards where flyers are explicitly permitted.
FAQs
Q. Can I put a flyer in my neighbor’s mailbox if I have their permission?
Ans: No, even with consent, it is illegal to place items in mailboxes without postage. Instead, hand the flyer directly to the recipient.
Q. Is it legal to attach flyers to mailbox posts or stands?
Ans: No, the mailbox and its immediate components (e.g., post, flag) are considered USPS property, and tampering is prohibited.
Q. Can businesses distribute flyers by leaving them on mailboxes?
Ans: No, businesses must follow USPS regulations and local solicitation laws. Using the USPS to distribute flyers legally is recommended.
Q. What are the penalties for violating mailbox laws?
Ans: Fines are the primary penalty, though repeated violations may lead to additional legal actions.
Q. Where can I report someone putting unauthorized materials in my mailbox?
Ans: You can report mailbox tampering to the USPS Inspection Service or your local post office.
