What Poshmark's website appears to do
It appears that as soon as a visitor opens poshmark.com, before clicking or typing anything, the site sends data to eight outside companies: Bing, Google Ads, LinkedIn, LiveRamp, Meta, Pinterest, TikTok and The Trade Desk.
It also appears that when a visitor types a word into the Poshmark search box, that exact word is sent to six of those companies:
- Bing
- Google Ads
- Meta
- TikTok
- The Trade Desk
Meta and Bing also appear to receive the address of the page the visitor is on. On a shopping site, that address often shows what a person searched for or was looking at.
The site appears to show a notice about cookies with no button to refuse tracking. A visitor can read the notice, but does not appear to be able to say no.
Why typed searches matter
A search is a message. When you type a brand, a size or an item into a search box, you are telling Poshmark what you want. Most people expect that message to go to Poshmark and nowhere else.
The companies that appear to receive these searches are among the largest advertising businesses in the world. Many of them already know who millions of people are through their social media accounts, apps and ad networks. When a search reaches them, it can be tied to a profile and used to decide what ads that person sees later.
This matters for buyers and sellers alike. Sellers search the site to check prices, research brands and manage their closets. Buyers search for clothing, sizes and items that can say a lot about their bodies, budgets and personal lives. All of that is typed into the same search box.
What California law says
California law prohibits reading or learning what a person types or sends to a website while it is in transit, unless everyone taking part in the communication agrees. A company cannot let a hidden third party listen in on that conversation without consent.
California law also lets people whose communications were intercepted bring a claim and seek damages. They do not have to prove that they lost money.
We have not concluded that Poshmark broke the law. We are investigating whether sending visitors' typed searches to outside advertisers, without a way to refuse, is the kind of conduct California law prohibits.
Who may qualify
You may qualify if all of these are true:
- You live in California now, or lived there when you used Poshmark.
- You used the Poshmark website, poshmark.com, in a web browser.
- You searched, shopped, bought, sold or typed other information on the site.
You do not need receipts to sign up. It helps if you can tell us your Poshmark username, the email on your account, and roughly when you used the website. Timing matters, because claims like this have deadlines. If you used the site in the past year, we encourage you to contact us soon.
What Maginnis Howard is doing
Maginnis Howard is a consumer protection law firm. We are gathering information from California residents who used poshmark.com and reviewing each person's situation.
Signing up is free. There is no upfront cost, and we are paid only if a claim results in a recovery. Filling out the form does not obligate you to anything. It lets our team review whether you may have a claim and contact you about next steps.
The legal basis
Why this may be illegal
It appears that as soon as a visitor opens poshmark.com, before clicking or typing anything, the site sends data to eight outside companies, including Meta, TikTok, Pinterest and Google Ads. Words typed into the site's search box appear to be sent to six of those companies. Meta and Bing also appear to receive the address of the page the visitor is on. The site appears to show a cookie notice that gives visitors no way to refuse the tracking.
The law
California law prohibits letting outside companies read or learn what you type or send to a website while it is in transit, unless everyone taking part in the communication agrees. When you type a search into a shopping site, you are communicating with that site. Advertising companies that receive your words through hidden code are outsiders to that conversation. California law lets people whose communications were intercepted bring a claim and seek damages without proving they lost money. This investigation is limited to people who live in California.
What you could recover
California law sets damages at the greater of $5,000 per violation or three times actual damages, and the person whose communication was intercepted does not have to show they lost money. How many violations one person's visits add up to is unsettled, so no amount is promised to anyone; estimates assume one violation per person.
How your claim would be handled
Claims like this are handled as individual arbitration cases — private proceedings, no courtroom. For Poshmark (Poshmark, Inc.), cases are typically administered through JAMS.
Think you're affected? Check if you qualify and sign up in about two minutes — no upfront cost.
Check if you qualifyFrequently asked questions
Do I need to prove I lost money?
No. California law lets people whose communications were tracked bring a claim and seek damages without showing they lost any money.
Why only California?
This investigation relies on a California privacy law that protects people who live in California. If you live in California now, or lived there when you used poshmark.com, you can sign up and we will review your situation.
What information do you need from me?
Your name, email and phone number, plus your Poshmark username and the email address on your Poshmark account. The form also asks for your mailing address and roughly when you used the website. Those details help us present your claim, but you do not have to give them to sign up.
Does it cost anything?
No. There is no upfront cost. We work on contingency, which means we are paid only if your claim results in a recovery.
I sell on Poshmark. Does this apply?
It can. Sellers use the same website to search listings, check prices and manage their closets. If you live in California and typed searches or other information into poshmark.com, you may qualify whether you were buying, selling or both.
I mostly use the Poshmark app. Does that count?
This investigation looks at the Poshmark website. If you also used poshmark.com in a web browser on your phone or computer, sign up and tell us. We will review how you used it.
I don't remember whether I clicked on a cookie banner.
That is common. The site's banner appears to give notice but no button to refuse tracking. We will review what the site showed visitors.
Will I have to go to court?
In most cases, no. We handle the filings and the process for you. If we ever need anything from you, we will contact you by email.
What clients say
The entire process with Maginnis Howard was effortless. All our communication was by email and only a few phone calls. Any calls or emails were answered very promptly. I would like to thank Ian and Maginnis Howard. I will highly recommend any dispute that includes an Arbitration Agreement, there could no be a better Firm to represent you!
Ian is an excellent communicator who knows how to work with these companies to obtain a resolution and get you the best settlement offer possible. I highly recommend Ian and the Maginnis Howard law firm for anyone navigating the arbitration process.
I'm very grateful for his representation and the result we achieved. If you're facing arbitration and feel overwhelmed or unsure of your rights, I highly recommend Ian Vance and Maginnis Howard. They know how to handle these cases and fight for their clients.
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unlawfulcharges.com is operated by Maginnis Howard, a consumer-protection law firm.
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