So someone else’s package has been delivered to your home. Do you know what to do with it?
Whether a package has been mislabeled, misdelivered or other mishap has happened in the postal world, you could be in trouble if you open, keep or dispose of mail that doesn’t belong to you.
Here’s what Oregon law says about misdelivered packages and stolen mail.
Mail trucks line the parking lot at the downtown Eugene Post Office on Aug. 21, 2025.
Is it illegal to keep someone else’s mail in Oregon?
ORS 164.162 relates to stolen mail. It states any mail theft is illegal; however, the statute largely focuses on taking mail from others’ property or post offices. It also criminalizes destruction of mail that is not yours.
ORS 164.164 goes into detail about potential exceptions:
if you were unaware that the property belonged to someone else.
if you reasonably believed you were entitled to the property involved or had a right to acquire or dispose of it.
if the property belongs to your spouse who you live with.
This means if you are aware the mail was sent mistakenly to you, you could be held criminally liable for opening, keeping or destroying it, per Oregon law.
In Oregon, mail theft is a Class C felony, which comes with up to $125,000 in fines.
Federal law also weighs in, especially when the package was delivered by the U.S. Postal Service.
USPS Oregon spokesperson Zachary Lux pointed to “willfully destroying mail” that was not intended for you, which may be punishable under federal law (18 U.S. Code 1703).
Keeping a package addressed to someone else is considered mail theft, according to USPS, and is punishable by up to $250,000 in fines or up to 5 years in prison, depending on the value of the item and other factors, according to legalclarity.org.
The federal statute does not extend to deliveries made through services like FedEx, UPS or Amazon, but keeping one of those packages could still violate Oregon law. Oregon law doesn’t say anything about private mail carriers either, however, there are other Oregon laws that could apply.
ORS 164.065 deals with “mislaid or delivered under a mistake” goods. Essentially, if you know the property, including mail, is not yours and has been misplaced or lost, you must “take reasonable measures to restore the property to the owner.”
Can I open a package I didn’t order that has my name on it?
If you receive a package that is intended for you, but you didn’t order it, you can keep it.
Under Oregon law, anything delivered to you under your name that you didn’t order is “presumed to be a gift,” per ORS 98.450.
Similarly, according to the Federal Trade Commission, if a company sends you something you didn’t order but it’s addressed to you, that package is considered a free gift and you don’t need to return or pay for the merchandise.
Recipient beware: the delivery could be part of a larger “brushing” scam. This kind of scam is an attack on online retailers’ rating systems, according to the United States Postal Inspection Service.
The scammer will pretend to be verified customers and leave reviews for the products that are delivered to unsuspecting residents. The inspection service recommends that unwanted packages be returned to the sender, if a return address is available.
By law, you may keep unsolicited merchandise and are under no obligation to pay for it — but be careful, the Federal Bureau of Investigation recently warned about a variation in the brushing scam where unsolicited packages contain a QR code.
Accessing the code prompts recipients to provide personal and financial information, or can lead to downloading malicious software. These kinds of scams can be reported to the FBI at www.ic3.gov.
What do I do if I get mailed a package by mistake?
Here’s what to do to return a package that was meant for someone else:
Don’t open it right away: If it’s not yours, opening it can complicate returns.
Check the label: If it’s for a neighbor, deliver it yourself.
Contact the carrier: UPS, FedEx, USPS or Amazon can correct routing errors.
USPS Oregon spokesperson Zachary Lux said via email you should return any wrongfully delivered mail to the nearest USPS post office. He said customers should avoid writing on packages and mail, including messages like “wrong address.”
Lux advised those who receive a package on accident to call 800-ASK-USPS (1-800-275-8777) or their local post office.
You can also ask for help on social media like community-specific Facebook groups or the Nextdoor app.
Arizona Republic reporter Laura Daniella Sepulveda and USA TODAY reporter Dale Denwalt contributed to this article.
Miranda Cyr reports on education for The Register-Guard. You can contact her at mcyr@registerguard.com or find her on Twitter @mirandabcyr.
This article originally appeared on Register-Guard: Is it legal to keep a package accidentally delivered to me in Oregon