Turlock, CA asked in Business Formation and Business Law for California

Q: Can I sue this app?

Good afternoon I had a quick question i have been using this app called poshmark to sell clothing etc. I recently sold a authentic Selena Gomez poster with limited edition socks and gloves the item sold for 90$ and it says they were delivered successfully. Now the app says give the buyer 3 days to rate you and if they dont you will get payed automatically assuming they havent filed a case saying something is wrong etc. Which they have not its been 4 days Ive contacted support and still nothing can I sue this app?

1 Lawyer Answer
Jason Brooks
Jason Brooks
Answered
  • los angeles, CA
  • Licensed in California

A: While I haven't looked at Poshmark's Terms of Use, I would advise you to fully review the app's Terms, as they most likely provide a means of filing a grievance of some sort if there's been a delay in payment. If your payment is only 1 day late and you just contacted support, I'd expect them to take a day or so to get back to you. If, after a few days you still have not received a response, nor have you received your payment, then, subject to any limitations or other requirements you agreed to in the Terms of Service, you should be able to file an action against the company in small claims court for your $90.

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