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February 15, 2010Every month I receive a very thick, unsolicited, local magazine in my mailbox. It is loaded with advertisements from local businesses. I told the publisher to stop sending the magazine to my address, but to no avail. I, therefore began charging the publisher $500 for each magazine I received plus $100 per month for each invoice not paid. His total charges are now $5000. Do I have a legal right to charge this publisher for the use of my mailbox and home as an advertising medium for his magazine? Do you think I would prevail in a small claim court if I sued for the $5000 I figured he owes?
Every month I receive a very thick, unsolicited, local magazine in my mailbox. It is loaded with advertisements from local businesses. I told the publisher to stop sending the magazine to my address, but to no avail. I, therefore began charging the publisher $500 for each magazine I received plus $100 per month for each invoice not paid. His total charges are now $5000. Do I have a legal right to charge this publisher for the use of my mailbox and home as an advertising medium for his magazine? Do you think I would prevail in a small claim court if I sued for the $5000 I figured he owes?
Horaayy..there are 4 comment(s) for me so far ;)
NO YOU WOULD NOT PREVAIL. BUT, THEY ARE A PAIN IN THE (expletive). I TOTALLY AGREE. WE AS TAXPAYING HOMEOWNERS AND RENTERS SHOULD CHARGE CORPORATE AMERICA FOR INFRINGING ON OUR PRIVACY.
probably not, but you can sue them if you wish, get a good lawyer and collect a few million, need a partner in your suit, I volenteer.
Sure, anything is possible if you have the time and $$$$$$$. Good luck ever collecting until there is a well known, credible ruling.
You would probably not prevail for several reasons:
1. Your $500 per issue plus $100 per month late fee is not in line with any costs you have accrued as a result of receiving the magazines. Your state probably dictates a maximum that can be charged as a late fee.
2. Your home is not an advertising medium, the magazine is. Unless the publisher is pasting ads to your house, the magazine has no effect on your home.
3. You have no legal standing to sue for the (perceived) wrongful use of your mailbox. The U.S. Postal Service retains the sole right to use the space in your mailbox. It cannot legally be used for any other purpose than what is dictated by the Postal Service. If the publisher is having the magazine delivered by mail, then there is no problem. If the publisher hires its own carrier, then you can complain to the Post Office.
Basically, unless you are paying unreasonable amounts of money to receive these magazines, there is nothing you can do. Why not write “Refused–Return to Sender” on them and put them back in the mailbox. They’ll get the hint eventually.
Disclaimer: I am not a lawyer. The above post is to be taken as an opinion, not as legal advice. You should always a lawyer licensed in your jurisdiction if in doubt about a legal issue.