Legal Question in Civil Litigation in California

This question is about postal law and certified mail. I stay regularly at a hotel in the Bay Area. On several occasions in the past they have signed for certified mail addressed to me without my permission. On one occasion I did not get the mail for several days. At first I verbally requested that they not sign for my certified mail but they continued to do it. Then I requested in writing for them not to do so and specifically told them they were not authorized to sign for my certified mail. In each case I was physically at the hotel so they could have called me to let me know I had certified mail. Instead they just went ahead and signed for it. I also checked with the hotel's parent company and was told that their policy is NOT to sign for certified mail without the addressee's permission. My understanding is that the addressee has the legal right to examine the item and then decide whether or not to accept it, but this hotel denied me my right to do so.

Do I have any legal recourse against this hotel and/or the parent company? Thank you.


Asked on 1/08/12, 11:28 am

2 Answers from Attorneys

I would have to know the details of the terms of your occupancy. There is a good chance that if you are regularly receiving mail there that you and they are under postal regulations governing private mail receiving agents. If so, they are required to accept your certified mail. They are required to accept service of process too, and service on them would be valid service on you. Even if they are not authorized or obligated to accept it, you would have to prove a breach of some contractual obligation - meaning they would have had to agree not to accept it, or they must have some duty of care not to harm some legally recognized interest of yours by accepting it. It seems all the terms in this regard, however, are one sided, not an agreement with consideration. So there may not be any contract, and I have never heard of any duty of care not to accept mail unless doing so was a violation of postal regulations. Even if there was some actionable breach, however, you would also have to prove damages - that you suffered some measurable personal or financial harm.

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Answered on 1/08/12, 3:00 pm

Certified mail merely provides the sender with proof of mailing and delivery. It was not intended to provide the addressee with the opportunity decline receipt of something he doesn't want to receive. Obviously, the mail carrier is not going to force someone to sign the acknowledgment. I am not sure what was being mailed, but apparently it was something you didn't want to see. Perhaps the hotel doesn't have the authority to sign off on certified mail, but so what? Eventually, it will come in front of a judge if this is legal matter. I certainly wouldn't want to go in front of a judge and say, "yes, I saw several letters, but I didn't want to read them." Back to your question, as Mr. McCormick stated, it's fairly unlikely that you have any damages that you can show.

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Answered on 1/09/12, 9:27 am


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