The United States Postal Service (USPS) delivers an average of 23.8 million packages per day and more than 290,000 pieces of mail per minute.
Most of those arrive at homes or businesses expecting them, but occasionally some don’t. When someone receives a package they didn’t order, they might be suspicious or just return it to the sender.
VERIFY viewer Tere texted us asking if you can keep a package you received in the mail if it’s addressed to you, even if you didn’t order it.
THE QUESTION
Is it legal to keep unsolicited packages if they have your name and address?
THE SOURCES
THE ANSWER
Yes, it is legal to keep unsolicited packages if they have your name and address.
WHAT WE FOUND
If someone receives an unsolicited package in the mail and it was addressed to them, it’s free to keep, the USPS says. One example of when this might happen is when a charity sends you free return address labels or stickers, with hopes that will encourage you to donate to their cause. But you are under no obligation to do so.
This also applies to free samples. A recipient doesn’t have to do anything to keep what they’ve received.
“This is a rare instance where ‘finders, keepers’ applies unconditionally,” USPS says. “A company sends you a gift in the mail — a tie, a good luck charm, or a key chain. You didn’t order the gift. What do you do? Many people will feel guilty and pay for the gift. But you don’t have to. What you do with the merchandise is entirely up to you.”
The Federal Trade Commission (FTC), which enforces consumer protection laws and monitors scams or signs of fraud, agrees.
You’re legally entitled to keep any unordered or unsolicited items, such as merchandise, as a free gift, the FTC says.
According to Section 3009 in the U.S. code, unordered items “may be treated as a gift by the recipient, who shall have the right to retain, use, discard, or dispose of it in any manner he sees fit without any obligation whatsoever to the sender.” The law says a merchandise bill for the items that were unordered can’t be included in the package. You also can’t be sent a bill for the products you receive after the fact.
But even though you don’t have to return the package, if the package looks suspicious then you can mark it as “Return to Sender” and the USPS will send it back free of charge.
UPS told VERIFY if someone is concerned about an unordered item, they can send it back by contacting customer service (1-800-PICK-UPS) and UPS will coordinate a return of the package, or if this was misdelivered get it to the appropriate owner.
This is also applicable for packages with the receiver’s name and address on it that they do not recall ordering, the spokesperson said.
When should you be worried about unsolicited items?
The Better Business Bureau (BBB) has warned of a scam called brushing, in which people receive unordered packages with their name and address on them that appear to be from a reputable seller.
The items can vary, like a humidifier or a Bluetooth speaker. Often, the items received are lightweight and inexpensive to ship, BBB says.
The items often appear to come from a retailer, like Amazon, but there is no return address.
Instead, the companies are usually foreign, third-party sellers that are sending the items using an address they found online.
After the item is delivered, there is a notice in the package for the recipient to write a review of the free product, and directs them to certain review websites. Or, the company writes a fake review using the name of the recipient.
Sometimes the scam is intended to solely profit the third-party seller, other times the review website could be used to collect personal information.
The BBB offers these tips if you receive a package you didn’t order, but are curious about:
- Notify the retailer. Reputable retailers have established customer service desks that can help you determine if the package is legit.
- Attempt to identify the sender and check if it’s legitimate.
- Do a search of your name to determine if any reviews were written without your knowledge.
- Check your Amazon or other retailer accounts for recent orders.
- Change your financial and shopping account passwords. This may be a sign that personal information has been compromised, and to improve account security, keep a close eye on credit reports and credit card bills.
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