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At our most recent Research Assistant Peer Group meeting, a member mentioned they’ve recently received multiple empty certified envelopes. They believe it to be part of a scam, but have not yet received any lawsuits. For several, this triggered memories of years ago when agencies would receive blank faxes, only to later be sued for not marking a consumer dispute.
Is this the same problem? Let’s be real — one empty certified envelope could be a simple error. But multiple instances in a short span? That’s no accident. It’s a red flag.
Why Would Someone Send an Empty Certified Envelope?
Certified mail provides proof that something was delivered and signed for, even if what’s inside is… nothing. This can be exploited later as alleged evidence that you were notified of something important, such as a dispute or legal claim, despite receiving no actual content. If you can’t prove what you received (or didn’t), you could be at risk of being caught in a scam.
How Can You Protect Yourself?
During our discussion, members proposed a number of smart, proactive steps to help prevent falling victim to this scheme and to create a defensible record should litigation arise.
1. Log and Track Everything
Maintain a detailed log for each certified letter received — date, time, sender address, postage details, and envelope condition. This creates a paper trail that can help match incoming mail to any future claims. It may not be enough to recognize what empty envelope is associated with a particular account or suit filed against you but it may once you hear from a consumer or their attorney.
2. Use a Third-Party Mail Processing Vendor
Just as third-party fax vendors helped resolve the blank fax issue, external mail processors can professionally document incoming certified mail. They offer credibility and consistency in handling and tracking suspicious items.
3. Record the Mail-Opening Process
Have staff video-record the opening of certified mail, or mail when the envelope appears unusually light or thin. Capturing real-time footage of an employee opening an empty envelope provides powerful visual evidence.
4. Include a Mail-Opening Affidavit
Train mailroom staff to complete a simple, notarized affidavit whenever they encounter an empty envelope. The affidavit should include the date, time, sender information, if certified any information from the post office, and a statement confirming the envelope was empty. Attach it to the envelope and log the incident.
Why It Matters
If you’re ever accused of ignoring a mailed dispute or other critical communication, especially one allegedly sent via certified mail, your documentation could be your defense. A log entry that matches the sender’s certified tracking information, along with a notarized affidavit or video footage showing the envelope was empty, could make the difference in court.
Stay Ahead of the Scam
Scammers are constantly evolving their tactics. It’s all about taking the time in advance to put policy and procedure in place and educate your staff to know what to look for and what to do when those red flags are apparent. You can protect your organization from becoming an easy target. Being proactive now can save you time, money, and legal headaches down the road.
Don’t just receive certified mail — receive it wisely.
Documents and Crowdsourced Materials:
Top Reads:
Upcoming Webinars/ Other Announcements:
- Upcoming Webinar: RA Compliance Corner: Fighting Fraud in 2025 on September 4 at 2PM Eastern. Register here.
- Important Announcement: All AI Notetaking Bots will be removed from Research Assistant Peer Group Meetings. This is to maintain the confidentiality of our peer members.
- Have topics you want to discuss during the peer call? Please send them to Sara_Consultant@roundtables.us by Thursday to ensure it makes it on our agenda!
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