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Poshmark's total financial liability for any claim is capped at the greater of fees the user paid as a seller in the prior six months or USD $100, with exceptions for gross negligence, fraud, or intentional misconduct, and for liability that cannot be excluded by law.
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 establishes a financial ceiling on all recoverable damages from Poshmark regardless of claim type or the amount of a transaction in dispute. For buyers who have not paid seller fees, the cap defaults to USD $100, which may be substantially less than the value of a disputed transaction.
The updated policy establishes specific conditions that sellers must meet when listing certain product categories. For cosmetics and personal care items, the terms now require items to be new, factory-sealed, alcohol-free, and unswaped, with aerosols and nail polish subject to shipping restrictions or prohibition. For electronics, sellers must reset devices to factory settings and sign out of personal accounts. For mystery boxes, sellers must disclose key details and provide accurate value assessments. Non-compliance may result in account suspension, payment withholding, or item destruction, which Poshmark reserves the right to execute at its sole discretion. You can report suspected policy violations directly through Poshmark's platform.
View change record →Poshmark's Terms of Service underwent a substantial update on April 19, 2026, with 249 new sentences and 3 modified sentences. The specific operational changes created by these additions cannot be determined from the detection summary alone. All users should review the updated terms at Poshmark's website to identify any new policies, requirements, restrictions, or disclosures that affect their use of the platform.
View change record →Poshmark's updated Privacy Policy provides substantially more transparency about the personal data it collects (including name, address, payment details, and content you create), how it uses and shares that information, and the legal bases for processing. The policy now explicitly covers data collected across websites, mobile apps, and other platforms, and identifies collection points including account registration, purchases, listings, stories, and interactions with other users. California residents are directed to a separate supplemental privacy notice. While this change increases clarity about data practices rather than restricting new data collection, reviewing the specific uses and sharing practices described in the full policy can help you understand what data Poshmark retains and how it may be used.
View change record →Under this clause, the maximum amount a user can recover from Poshmark for any claim is the greater of six months of seller fees paid or USD $100. Buyers who have not sold items on the platform have a maximum potential recovery of USD $100 for any dispute, regardless of the transaction value.
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"TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF THE POSHMARK PARTIES TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE GREATER AMOUNT OF (1) COMMISSIONS/FEES THAT YOU HAVE PAID TO POSHMARK AS A SELLER IN THE SIX (6) MONTHS PRIOR TO THE APPLICABLE CLAIM OR (2) ONE HUNDRED U.S. DOLLARS (USD $100). THE LIMITATIONS OF THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT OF THE POSHMARK PARTIES OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.Excerpt from Poshmark's Terms of Service
1. REGULATORY LANDSCAPE: The FTC Act governs unfair or deceptive practices in consumer contracts, and a liability cap substantially below the value of routine transactions may be subject to scrutiny under applicable consumer protection frameworks. State consumer protection statutes, particularly in California, may limit the enforceability of liability caps that effectively foreclose meaningful consumer redress. The clause expressly carves out gross negligence, fraud, and intentional misconduct, and acknowledges that some limitations may not be enforceable under applicable law. 2. GOVERNANCE EXPOSURE: High. The USD $100 cap may be disproportionate to the value of individual transactions on the platform, particularly for higher-value luxury goods sold through the marketplace. The enforceability of this cap in consumer contexts is jurisdiction-dependent, and applicable law carve-outs suggest Poshmark recognizes potential limits on enforcement. 3. JURISDICTION FLAGS: California consumer protection law and certain state statutes may limit the enforceability of liability caps that effectively deny meaningful redress. EU and UK consumer protection directives may similarly constrain the enforceability of this cap for resident users. The agreement's acknowledgment that the cap does not apply where excluded by law reflects awareness of jurisdictional variance. 4. CONTRACT AND VENDOR IMPLICATIONS: Business sellers using the platform should assess whether the liability cap is consistent with their own contractual arrangements with customers, particularly where high-value items are listed. The cap applies to all claims regardless of form, which includes claims arising from item authenticity disputes, shipping failures, or platform errors. 5. COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the USD $100 cap satisfies applicable consumer protection disclosure requirements in jurisdictions where the platform operates. The interaction between the liability cap and the Posh Protect and Posh Authenticate policies, which provide specific buyer remedies, should be mapped to ensure consistent consumer-facing disclosures.
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This provision establishes a financial ceiling on all recoverable damages from Poshmark regardless of claim type or the amount of a transaction in dispute. For buyers who have not paid seller fees, the cap defaults to USD $100, which may be substantially less than the value of a disputed transaction.
Under this clause, the maximum amount a user can recover from Poshmark for any claim is the greater of six months of seller fees paid or USD $100. Buyers who have not sold items on the platform have a maximum potential recovery of USD $100 for any dispute, regardless of the transaction value.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Poshmark.