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The terms require that most disputes between users and Poshmark be resolved through binding individual arbitration rather than court proceedings, and prohibit class arbitration, class actions, and representative proceedings. A 60-day informal resolution process is a condition precedent to initiating arbitration.
This analysis describes what Poshmark's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision requires disputes to proceed through individual arbitration, which is a separate procedural pathway from court litigation. The clause prohibits class actions, meaning users must resolve claims individually. A 60-day informal resolution period, including a mandatory video conference if requested, is established as a condition that must be satisfied before arbitration may be initiated.
Interpretive note: Enforceability of the class action waiver may vary by jurisdiction, including under California law and EU consumer protection frameworks.
The updated policy establishes new restrictions on product categories previously allowed or unregulated, including prohibitions on used socks and underwear, mystery boxes with specific disclosure requirements, and strict conditions for cosmetics and electronics. Sellers who list prohibited items may face temporary or permanent account suspension, payment withholding, and item removal at Poshmark's discretion. The policy explicitly reserves the right to dispose or destroy prohibited items sent to authentication centers. You can report suspected violations to Poshmark, but enforcement decisions remain within the company's sole discretion.
View change record →Poshmark's updated Privacy Policy provides significantly more transparent disclosure about what personal data the company collects, how it uses that data, and how you can exercise your privacy rights. The policy now explicitly itemizes data collection points, including photos, videos, payment information, social media accounts, and user interaction data, and provides a dedicated section on consumer rights and choices. The policy also includes a dedicated California Privacy Notice supplement, indicating enhanced compliance with California privacy laws. You can review the full updated policy and California Privacy Notice to understand Poshmark's specific data practices and identify which privacy rights and choices are available to you.
View change record →Poshmark's updated privacy policy provides more explicit detail about what categories of personal data the company collects through the platform, including user-generated content (photos, videos, listings), interaction data (likes, comments, offers), and payment information. The expanded disclosure does not necessarily indicate new data collection practices, but gives users clearer visibility into what information Poshmark holds. You can review the full policy at Poshmark's website to understand which data collection practices apply to your account activity and, if you are a California resident, consult the supplementary California Privacy Notice referenced in the policy.
View change record →Under this clause, disputes between users and Poshmark that are not resolved through the 60-day informal process must proceed through individual binding arbitration. The agreement prohibits class arbitration and class action proceedings, requiring each user to resolve claims on an individual basis.
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"PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND POSHMARK TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND POSHMARK FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND POSHMARK AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. POSHMARK AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.Excerpt from Poshmark's Privacy Policy
1. REGULATORY LANDSCAPE: Mandatory arbitration clauses in consumer agreements are subject to scrutiny under the FTC Act and have been the subject of regulatory guidance from the CFPB, which has issued rules on arbitration in financial services contexts. State attorneys general in California and other states have challenged class action waivers in consumer contracts under state consumer protection law. The Federal Arbitration Act governs enforceability of this clause at the federal level, though state law defenses such as unconscionability may apply. 2. GOVERNANCE EXPOSURE: High. The combination of mandatory individual arbitration and class action waiver limits the aggregation of consumer claims. The 60-day informal resolution requirement, including a mandatory video conference, establishes procedural prerequisites that may affect claim timing and cost for users. 3. JURISDICTION FLAGS: California courts have at times found class action waivers unenforceable under state law, though federal preemption under the FAA frequently applies. EU users may find this clause unenforceable under EU consumer protection law, which generally prohibits mandatory arbitration in B2C contracts. Users in other jurisdictions should assess local enforceability. 4. CONTRACT AND VENDOR IMPLICATIONS: The Notice of Claim requirement specifies a physical mailing address and requires personal signature, establishing a formal prerequisite to arbitration. Organizations reviewing this clause for B2B procurement should note that the clause applies to all users, including business accounts. 5. COMPLIANCE CONSIDERATIONS: Legal teams should evaluate whether the arbitration clause meets current FTC and state enforcement standards for consumer fairness, whether the opt-out mechanism is clearly disclosed and accessible, and whether the clause is enforceable in the primary jurisdictions where Poshmark operates.
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This provision requires disputes to proceed through individual arbitration, which is a separate procedural pathway from court litigation. The clause prohibits class actions, meaning users must resolve claims individually. A 60-day informal resolution period, including a mandatory video conference if requested, is established as a condition that must be satisfied before arbitration may be initiated.
Under this clause, disputes between users and Poshmark that are not resolved through the 60-day informal process must proceed through individual binding arbitration. The agreement prohibits class arbitration and class action proceedings, requiring each user to resolve claims on an individual basis.
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