Is opening someone else's mail a federal offense?

[daisymae2012]

Hello all! This is somewhat of a unique situation. My husband carries primary insurance on his daughter who lives with her mother the majority of the time. He has legal joint custody so he switches on weekends, holidays, part of the summer etc. Anyways, some of his medication went to his daughter's mom's house and her mom opened his mail. It had his name on it, but the insurance sent it to the wrong address. They have 2 addresses set up, one for us and one for his daughter's. So, it is pretty much our insurance's fault for sending it to the wrong address, but is still a federal offense for her to have opened it?? I would not be concerned about this if she wouldn't try to use this to get him back in court later on. She will try to twist anything around on him just to have total control. Any advice or opinions are appreciated !! Thanks!!!

[bchgirl]

The law applies to stealing mail...not mail delivered to your home and opened in error.

[daisymae2012]

Well, I don't think it was opened in error. I think she opened it for a reason and she said she accidentally opened it. I could see if it was a card or something, but if medicine is being shipped, then I would atleast look at the name on the package before I opened it.

[Nancy1999]

Well, I don't think the prison system would be big enough to hold all those who inadvertently opened someone else's mail. I doubt if she could use anything in court against him on this matter. Why would the courts worry about medication he was taking? Is he fighting for custody? If so, medication information would not hurt him in any way. If it's more to do with him being reimbursed for expenses that she paid out of pocket, she could probably get that information straight from the insurance company.

[jmdt]

Might I suggest to get a P.O. box so your husband can have things sent there. It might help.

[bchgirl]

Originally Posted by Nancy1999

Well, I don't think the prison system would be big enough to hold all those who inadvertently opened someone else's mail. I doubt if she could use anything in court against him on this matter. Why would the courts worry about medication he was taking? Is he fighting for custody? If so, medication information would not hurt him in any way. If it's more to do with him being reimbursed for expenses that she paid out of pocket, she could probably get that information straight from the insurance company.

Maybe they could share a cell with the matteras tag rip-per offers.

[daisymae2012]

Originally Posted by bchgirl

Maybe they could share a cell with the matteras tag rip-per offers.

What is this quote supposed to mean??? I posted this to get fellow yorkie talkers opinions. I don't need smart comments. You do not have a clue what we are going through on this. If you type in on google about opening another person's mail, there are many websites coming up to say that it is a federal offense; it is just not a federal offense just to steal someone's mail, but also to open it. I just didn't know if this case would count b/c our insurance was the person who screwed this up. Thanks for these opinions, but I will just call my lawyer tomorrow and ask him. That's what I should have done in the first place anyway.

[Ladymom]

Originally Posted by bchgirl

Maybe they could share a cell with the matteras tag rip-per offers.

Since it was sent to her address, Mom had every right to open the mail.

[bchgirl]

Originally Posted by Nancy1999

Well, I don't think the prison system would be big enough to hold all those who inadvertently opened someone else's mail..

Originally Posted by bchgirl

Maybe they could share a cell with the matteras tag rip-per offers.

Originally Posted by daisymae2012

What is this quote supposed to mean???

See Nancy's response above.

[daisymae2012]

Originally Posted by Nancy1999

Well, I don't think the prison system would be big enough to hold all those who inadvertently opened someone else's mail. I doubt if she could use anything in court against him on this matter. Why would the courts worry about medication he was taking? Is he fighting for custody? If so, medication information would not hurt him in any way. If it's more to do with him being reimbursed for expenses that she paid out of pocket, she could probably get that information straight from the insurance company.

Yes, just to inform everyone, he is fighting for more custody for his daughter, and this lady is someone that would twist everything around to make him look bad. I was just wondering if we needed to get something filed on this. So, if someone sends me mail with another person's name on it, it is ok to open it? I do not think so.

[daisymae2012]

I guess none of you all have had to go through an ugly custody battle. Be grateful that you never have had to, but I am sorry for posting this thread. I thought I would have gotten a little more support than people laughing and making smart comments about my thread.

[Nancy1999]

Originally Posted by daisymae2012

Yes, just to inform everyone, he is fighting for more custody for his daughter, and this lady is someone that would twist everything around to make him look bad. I was just wondering if we needed to get something filed on this. So, if someone sends me mail with another person's name on it, it is ok to open it? I do not think so.

It's not OK to open it, no one said that, but I've done it myself, it just happens, who's to say it wasn't an accident? By the way, it took me forever before I could rip off one of those tags, I had to wait until they said, it was OK for consumers to cut them off, though. I just don't know what you expect your lawyer to do, file criminal charges?

[daisymae2012]

Originally Posted by Nancy1999

It's not OK to open it, no one said that, but I've done it myself, it just happens, who's to say it wasn't an accident? By the way, it took me forever before I could rip off one of those tags, I had to wait until they said, it was OK for consumers to cut them off, though. I just don't know what you expect your lawyer to do, file criminal charges?

No, I don't want him to file criminal charges, we are not like that. We just did not want her to use this against him in court and believe me, if she can, she will!!! That's all I was asking. I think she couldn't use this in court b/c she should not have opened it, but she will do anything to have control. I just wanted advice, but I've learned my lesson on asking advice for personal reasons on this website. I will keep my asking advice for Daisy only from now on.

[Nancy1999]

Originally Posted by daisymae2012

No, I don't want him to file criminal charges, we are not like that. We just did not want her to use this against him in court and believe me, if she can, she will!!! That's all I was asking. I think she couldn't use this in court b/c she should not have opened it, but she will do anything to have control. I just wanted advice, but I've learned my lesson on asking advice for personal reasons on this website. I will keep my asking advice for Daisy only from now on.

I don't know why you are so angy with the advice we have given, you did say, " Any advice or opinions are appreciated." I answered your question the best I could, and feel like you just slapped me in the face.

[FlDebra]

I don't think it is right, but she can probably be held blameless as she claims opeing it was accidental (which I would not believe for a minute either). But the Insurance pharmacy is in huge violation of HIPPA for inadvertently divulging medical information on your husband. There is law that makes this a crime even if it is unintentional. So, they could be held liable. If this does cause problems with ongoing litigation, might want to discuss with the lawyer about that. I doubt she could use information she obtained by opening the package in court, but I am no lawyer and am just guessing.

I don't think anyone should be making light of this. When there are divorce, remarriage, children issues going on it is always serious. Sometimes small things can cause BIG trouble. If you have never been on the receiving end of a spiteful ex-wife, count your blessings. I understand the concern but there probably is no way to make her pay for opening the mail accidently mailed to her address. Hope it all works out for the best for all of you!