Absolutely it is illegal for you to keep it. Not returning it to the sender could have you charged and convicted of “theft by finding”.
When you receive a mistaken delivery, call customer service for the delivery company and explain the situation. Give them the tracking number on the package, as well as the name and address on the package if it's different from yours. The company will come and pick up the product within a reasonable time frame.
If the supplier doesn't collect the goods within the recovery period, you can keep them without having to pay anything for them. But you can't keep unsolicited goods if you: knew that the goods were not supposed to be sent to you – for example, if there is another name and address on the parcel.
Is this legal? Under state and federal law, recipients of unordered merchandise may keep the goods and are under no obligation to pay for or return them. The recipient may treat the merchandise as an unconditional gift—and may use or dispose of the merchandise as he or she sees fit.
Your shipment will be redirected to the original sender or held at the local Post Office for pickup.
As long as the merchandise is addressed to you, you may keep it. If it is addressed to someone else, then you are obligated to make reasonable efforts to either return it or deliver it to the intended recipient. Save this answer.
If you receive a package that you did not order and is not a gift, report it immediately. When a customer receives a package they didn't order, it may be a scam called "brushing". "Brushing" scams occur when bad actors send packages to publicly available names and addresses.
By the law you are not allowed to keep it because of it being someone else's name. You have to either physically take it to the post office and let them know that person doesn't live at your address.
A gift, if valid, is a legally enforceable transfer under general contract law. That means, if a gift meets all of the legal elements of a valid gift, then the gift is enforceable and cannot generally be rescinded and revoked.
No, you cannot. If it is addressed to somebody else with the wrong address (yours) but the correct name (theirs), it would be theft by conversion.
The current advice from Australia Post if you receive mail addressed to your address but it is not for you or anyone who currently uses the address is to: Mark it as 'return to sender - unknown at this address' Place the item in a red street posting box or hand it to staff at any Post Office for return.
Is it a federal crime to open someone else's mail? The short answer is “yes.” Opening or destroying mail that is addressed to someone else is a crime called “Obstruction of Correspondence.” It is a serious felony that could lead to prison time.
Tampering with mail is a criminal offence in Australia. Opening mail you are not authorised to can be considered tampering. Division 471 of the Criminal Code Act 1995 (Cth) is where you will find the law on postal offences. Under section 471.7, it is a federal crime if you open a 'mail-receptacle' that is not yours.
First off if you can prove they took it is to call the police and let them deal with it. Mail theft is a federal offense. If you have no proof then contact the place the package was sent from to report it stolen. Sometimes they will replace the item.
Depending on the specifics of the situation, a person may be able to sue you for giving them a gift that ends up hurting them. There is a risk of liability if you give someone a present when you know there is a flaw that might cause them harm and you don't tell them about it.
Returning an Item Due to Remorse
Because intent is present, it is entirely possible to prosecute a person for stealing an item they later return. The return is irrelevant to the charges. The person took the item on purpose and permanently, and that is all the prosecution needs to know to seek justice.
Once gifted, it is no longer yours. if you take it back without permission, it is theft. If you ask for it back, it is rude, and the recipient has the right to refuse.
It is a federal crime to open or destroy mail that is not intended for you. The law provides that you can not "destroy, hide, open, or embezzle" mail that is not addressed to you. If you intentionally open or destroy someone else's mail, you are committing obstruction of correspondence, which is a felony.
The first action you can take is to leave the mail for the postal carrier with “Return to Sender,” “No longer at this address,” or “Moved” on the envelope. The carrier will take the mail back to the post office of origin.
Contact Customer Service to open a case for retrieval at the wrong address. The driver will pick up the shipment. The driver will reattempt the delivery the same day if possible. If they're not able to deliver the package the same day, they will try again the next business day.
The maximum penalty for tampering with mail in Australia is five years' gaol. This can be reduced to two years' imprisonment if the prosecution cannot to prove beyond reasonable doubt that an accused tampered with the mail with dishonest intentions.
In Australia, it is considered mail tampering or mail fraud if you throw someone else's mail in the rubbish, regardless of the reason. Australia Post, the national postal service, is the only organisation or body that is legally allowed to dispose of mail.
Report your stolen package to the delivery company
If contacting the sender doesn't help resolve your issue, try contacting the company that facilitated the delivery, whether it be Australia Post, Amazon, or a third-party courier service.
Can a customer have someone else pickup their held mail? If picking up mail for someone else, the customer needs written authorization (and their own photo ID).
Someone who doesn't live at your address
You can return the mail by putting it back in your mailbox or giving it back to your mail carrier. If it's a letter, you can also find the blue collection boxes around your town and drop it in there. Make sure you've written “Not At This Address” on the mail item.