Provision record
Poshmark · Poshmark Terms of Service · View original document ↗

Liability Cap at $100 or Six Months of Fees

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Document Record

What it is

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

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.

Recent Activity

This document changed recently

Medium Jul 24, 2026

The updated Seller Policy establishes explicit requirements for how sellers must describe items, price products, and fulfill orders on Poshmark. Sellers are now required to provide accurate descriptions with original photos, truthfully represent item condition, respond promptly to buyer questions, avoid excessive listing removal and reposting, and ship items immediately after a sale is confirmed. The policy states that violations may result in account restrictions or termination at Poshmark's sole discretion. Sellers should review the full policy to understand all obligations.

View change record →
Medium May 27, 2026

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 →
Medium Apr 19, 2026

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 →

Clause Stability Mostly Stable

1
Change
5
Months Monitored
Jul 9, 2026
First Seen
Jul 9, 2026
Last Seen
This clause has changed once in 5 months of monitoring.

Change history

added Jul 24, 2026

This creates a strict cap on user recovery, severely limiting damages claims to either six months of fees paid or $100, whichever is greater.

View full change record →

Consumer impact (what this means for users)

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.

Cross-platform context

See how other platforms handle Liability Cap at $100 or Six Months of Fees and similar clauses.

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▸ View Original Clause Language DOCUMENT RECORD
"
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

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

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Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • Federal Trade Commission (ftc)
    Oversees unfair or deceptive business practices and can investigate companies that mislead consumers about data collection, sharing, or use.
    Who can file: Anyone affected by the company's practices (US or international)
    What you need: Your account details, a timeline of relevant events, and a description of the specific issue
    What to expect: Complaints inform FTC enforcement priorities and investigations but do not result in individual resolution or compensation
    File a complaint →
  • State Attorney General
    State AGs in California, New York, Texas, and other states can investigate violations of state consumer protection and privacy laws, including CCPA (California), SHIELD Act (New York), and equivalents.
    Who can file: Residents of states with comprehensive privacy laws — primarily California, Virginia, Colorado, Connecticut, and Utah
    What you need: Evidence of the violation, explanation of how your state rights were affected, and your account or contact information with the company
    What to expect: Outcomes vary by state. May result in investigation, enforcement action, or requirement for the company to change practices. No direct individual compensation in most cases.

    Search "[your state] attorney general consumer complaint" to find your state's direct complaint form

Provision details

Document information
Document
Poshmark Terms of Service
Entity
Poshmark
Document last updated
May 5, 2026
Tracking information
First tracked
July 9, 2026
Last verified
July 9, 2026
Record ID
CA-P-015355
Document ID
CA-D-00333
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
95748499aead6a2b0f334a37debca848375f262e06cdfa8613c3c49ba4be6f27
Analysis generated
July 9, 2026 07:47 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Poshmark
Document: Poshmark Terms of Service
Record ID: CA-P-015355
Captured: 2026-07-09 07:47:50 UTC
SHA-256: 95748499aead6a2b…
URL: https://conductatlas.com/platform/poshmark/poshmark-terms-of-service/provision/CA-P-015355/liability-cap-at-100-or-six-months-of-fees/
Accessed: Sept. 8, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does Poshmark's Liability Cap at $100 or Six Months of Fees clause do?

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.

How does this clause affect you?

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.

Is ConductAtlas affiliated with Poshmark?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Poshmark.