Although Tel-Law information is periodically reviewed, it is important for you to realize that changes may occur in this area of law. This information is not intended to be legal advice regarding your particular problem, and it is not intended to replace the work of an attorney.
If you do not have an attorney, the Oregon State Bar Lawyer Referral Service can help you. Online Lawyer Referral Service information and a fill-in form is available. Or you may contact the service by phone: The number to call from the Portland area is 503-684-3763 or toll-free from anywhere else in Oregon, 1-800-452-7636.
The following information regarding mail fraud and misuse of mail is brought to you as a public service by the lawyers of the State of Oregon. The material presented is general legal information intended to alert you to possible legal problems and solutions.
This topic will cover various types of mail fraud, including chain letters, pen pal clubs, medicines by mail, real estate swindles, unsolicited C.O.D. merchandise and your remedies.
You have received a chain letter in the mail. You recognize the last name on the list and wonder whether that person is counting on you to continue the chain. You would rather not be bothered by it, but would also prefer not to disappoint the sender.
The best advice you could give your friend would be that the U.S. Postal Service warns against participation in chain letter schemes. Any chain letter that requires payment of anything of value, even if it is only minimal, is illegal under federal lottery laws. Chain letters are also considered to be fraudulent because they promise the possibility of large returns for only a small investment.
The postal service has made it possible to obtain almost anything without leaving home, but in doing so it has also created a market for many dishonest activities. In addition to the chain letter, another type of mail fraud is the Lonely Hearts Club, also known as Matrimonial or Pen Pal Clubs. They all have a similar purpose: correspondence between strangers with the hope or promise of marriage.
People seeking romance and companionship are offered memberships and mailing lists from companies that call themselves Lonely Hearts Clubs. In some cases, the mailing lists provided by these clubs have been used to solicit money for various reasons. For example, a man might ask for his travel expenses from a woman he promises to join, but then he may never show up.
Probably one of the most vicious of schemes aimed particularly at senior citizens is the sale of worthless medicines and remedies through the mail. The worst schemes advertise a quick cure. A desperate victim, imagining one of the gimmicks will work, might try one after another. The result could be that proper medical attention is delayed until it is too late. Medical frauds are so widespread that the Postal Inspection Service has a group of specialists to investigate this illegal activity.
Another common type of mail fraud involves the real estate swindle. Dishonest promoters can sell nearly worthless land by mailing attractive brochures and placing advertisements in newspapers and magazines. They may claim the land is suitable for a homesite, or for retirement or investment purposes. Anyone considering such a purchase is strongly urged first to inspect the parcel of land. It should also be determined that the seller can produce a legitimate title to the property, and that the land can be used for whatever purpose it is being bought.
Along with these mail fraud warnings, the Postal Service has laws which forbid the mailing of unordered merchandise by C.O.D. mail. Since the person receiving a C.O.D. article must pay charges before delivery, he or she may mistakenly pay for something that was not even ordered. Notify your Postmaster at once if unordered C.O.D.s are addressed to you. Postal inspectors will investigate.
It is not against the law to simply mail unordered merchandise, provided it is not C.O.D. You may receive unordered items in your mail. These items commonly include greeting cards, books, pen and pencil sets, key rings, and religious medals. If you receive unordered goods, such items are considered to be a gift and you may retain them without obligation.
In all cases of mail fraud or misuse of mail, the Post Office itself has no authority to recover money or property which the victim has lost. The Post Office does not have the power to take any action to adjust transactions which are unsatisfactory or which have left customers feeling they did not get their money's worth.
However, where there seems to be a violation of postal laws, the matter may be presented to a U.S. attorney for proper action.
If you use a credit card to pay for a purchase through the mail, you may have the right to ask the card issuer to withhold payment to the seller. Generally, you will have this right if your monthly credit card statement reflects erroneous information regarding your purchase, such as a wrong purchase price, or a debit for goods which you returned or which were not delivered. You must notify the card issuer in writing of your dispute within 60 days of the transmittal of the statement.
You may have the right to assert against your card issuer any claims or defenses which you have against the seller. However, you must have tried to resolve the dispute with the seller, the amount of credit must have been more than $50, and the transaction must have occurred in the same state as your address on the credit card, or within 100 miles. You may also have the right to bring a claim for damages against a seller whom you feel misrepresented the goods or services which you bought. For instances, the Oregon Unlawful Trade Practices Act, prohibits numerous types of misrepresentations in consumer transactions, including those by mail, and provides for the recovery of damages.
If you have reason to believe that you are a victim of mail fraud, contact your nearest Postal Inspector or attorney.
This information is from the Oregon State Bar's Tel-law service, a collection of recorded legal information messages prepared by the lawyers of Oregon. In addition to being online, the Tel-law service is accessible by telephone at 503-620-3000 or toll-free in Oregon only, 1-800-452-4776. A touch tone phone allows direct access 24 hours a day, 7 days a week. To receive a free Tel-law brochure listing the subjects available call 503-620-0222, ext. 0.