TOP Ways Etsy Sellers Break the LAW (without even knowing)

Being an Etsy seller doesn't just mean understanding Etsy's rules. You also have to understand laws related to online marketing and sales! Here are the top ways Etsy sellers break the law without realizing it.
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▬ Contents of this video ▬▬▬▬▬▬▬▬▬▬
00:00 - Etsy's rules aren't all you need to know!
00:56 - Laws for sales and promotions
01:54 - Leaving a shop "on-sale"
02:34 - Customer data protection
03:48 - Laws for selling toys on Etsy
04:29 - Laws for selling food on Etsy
05:19 - Labeling products as "all-natural"
05:52 - Etsy SEO Holiday jump-start
06:25 - The most COMMONLY broken law on Etsy
#Etsy #EtsySellers #HandmadeAlphas

[@StarlaMoore]

📺 MENTIONED IN THIS VIDEO 📺 🔵 Free Etsy SEO Toolbox: bit.ly/EtsyNoodle 👉 Etsy's House Rules: www.etsy.com/legal/section/sellers 👉Etsy's Email List Marketing Article: www.etsy.com/seller-handbook/article/215119356692 👉CPSC-Accepted Testing Laboratories for toys: www.cpsc.gov/cgi-bin/labsearch/

[@sparkongifts]

Excellent info! Maybe a part 2 covering who is responsible for a package after it’s shipped plus shop policies that may or may not be legal? And the liability issues that someone else mentioned!

[@natureandguitars8983]

I am so appreciative of this video. In my niche everyone runs a sale indefinitely for 75% off every day so it shows the sale expiring. To compete I felt I had to do the same. But strangely I get more sales on my new store when I don’t have a sale running.

[@firefighterleetiktok85]

This is common in the UK and is really really frustrating. They hike the prices of items for 2 weeks and then claim a sale for a price it normally costs during the year.

[@Laura-je2uw]

I am quite sure that all shops and listings that got deactivated are due to infringements in one way or another. Therefore it is super important to learn about what is legal or not and verify all listings on a regular basis. A lot of terms you would not think of are illegal to use - for example wifey or smiley and many, many more. It is better to focus on your listings and be diligent about your work (check on trademark database sites) instead of looking at what your competition is doing or complaining about the etsy platform. I removed a couple of tags from my listings i never thought would be illegal before checking the database. I never had any listing deactivated since opening my shop almost 4 years ago but i am always trying to be very proactive about being conform.not knowing the law is no excuse. Owning a business comes with obligations.

[@retrogiftsuk4812]

Regarding UK law... The 1987 Consumer Protection Act says a "sale" item need only have been offered at the older, higher price for 28 consecutive days in the previous six months. Also if the are selling food items you will need to register with your council as a "food business" even if you did not make the items (eg if you sell gift hampers). It is also wise to get public liability insurance, as if someone has an allergic reaction you can be sued even if you didn't make the product (since you sold it, you are liable for any harm caused as you should have verified the ingredients) insurance isn't cheap, but you could lose your house if you're sued, so I think it's worth it.

[@cyramclennan2580]

Yes please explain how to get into more partnerships with brands! I love that your designing clothes for authors! That's pretty cool! Very informative video. Thank you!

[@MissMolly3377]

I would like to learn more about you working with the authors. Thanks for the info here, it was great. I am just getting ready to open an Etsy shop.

[@placidworld]

You're so brilliant! :) Thanks!

[@iamvonimmel]

BREAKIN THE LAW! BREAKIN THE LAW!

[@StarlaMoore]

I've been singing it to my cats all day. 😂😂😂

[@LunaAlthea]

Such important info! I shared the video on my business facebook page.

[@StarlaMoore]

Thanks for sharing!!

[@Thyme2dream]

So basically, when Etsy urged all of it's millions of sellers to literally raise our prices to cover the "free shipping" we were offering (they sent a link to a bulk editing tool and specifically said it was to cover the free shipping) they were ENCOURAGING us to break the law?

[@StarlaMoore]

I think, in this case, it's a bit different - since "free shipping" could be considered an accommodation, as opposed to a "sale", which would otherwise be seen as a limited time offer in the eyes of customers.

[@pattykelly6621]

I think they were encouraging us to break the law

[@chadcastle7953]

sorry i disagree but keep up the good work i love and appreciate your videos @@StarlaMoore

[@tomcollins5112]

@@StarlaMoore But "free shipping" is a lie. False and misleading advertising.

[@juanitaonthego7745]

Etsy allows sellers to constantly run sales, except for a couple of minutes when the 30 days limit sale ends and you have to run a new one. I assume that´s ok, right? since Etsy itself offers the settings to do so.

[@awlthatwoodcrafts8911]

Very informative video. While it makes sense, I didn't know about having to certify child's toys. I've thought about making blocks but now I know what it will take to actually sell them.

[@StarlaMoore]

Yes, it's definitely something many aren't aware of. From what I understand, the process isn't too terribly hard though. I have friends who sell toys that have been certified. You just have to submit them for lab testing.

[@awlthatwoodcrafts8911]

@@StarlaMoore very, very good to know. Thank you for the insight.

[@shoreitupshop]

Starla just knows what I need when I need it. ❤ My daughter is making crochet animals. Good info about the "toys".

[@StarlaMoore]

I would add "not for children" where ever you plan to sell them - just to be safe. 🙂

[@shoreitupshop]

@@StarlaMoore yup! Told her to watch the video and I will make sure she labels everything correctly.

[@GemmaElisabeth]

We are in the UK and are required to test all crochet items which could have “play value” this covers chemical content, flammability and more it’s not enough to put a label saying not for children here, if a kid gets hurt and you haven’t done the right testing then you can get into a lot of trouble.

[@shoreitupshop]

@@GemmaElisabeth good info 👍

[@sebastien18]

Just using a trademarked/copyrighted term can get you into trouble. Got a vinyl sticker taken down because I used the tag "hydro flask" and the company complained. Didn't even know it was a trademark.

[@StarlaMoore]

Yes, unfortunately some commonly used phrases are actually protected, such as hydro flask, onesie, etc. These terms cannot be used at all in a listing.

[@user-ew6ou1jp2i]

Why are there so many listings that use Instagram, Facebook, Canva, etc?

[@lucianabonati5805]

Woow very useful. Thank you !

[@StarlaMoore]

Glad it was helpful!

[@lucianabonati5805]

@@StarlaMoore 🙏

[@fragolina8391]

None of this applies to me, I did however find it interesting, thank you. Perhaps mention in another video: selling electrical items, as many do on the vintage side, using the term vintage when an item is new & the copyright ownership of photos, the drop shippers use photos belonging to other online companies.

[@christinahillliard7021]

Yes, please info on building relationships to offer officially licensed merchandise.

[@sheririggsby7603]

Yes on the book info

[@StarlaMoore]

Awesome! I'll start planning!

[@katerynademianchuk4089]

Hello Starla! Thanks for the video! Is it okay to have a permanent discount for a "3 items at time" orders?

[@shoreitupshop]

Thats not a sale. She talking about never taking your shop off a sale. Like 10% off your shop through the promotions tool in etsy with no end date. Its deceptive. Youre tricking the consumer. Offering 1 set of earrings at $10 or 3 sets for $25 is not deceptive.

[@katerynademianchuk4089]

@@shoreitupshop thanks ;)

[@StarlaMoore]

Yes, this would be totally fine. 🙂

[@venusriggins4632]

Hi Starla. I would like to know more about how to know if an image is in the public domain

[@StarlaMoore]

Typically it is best to google specific works on a case by case basis, just to ensure they are safe. A general rule of thumb is that copyright protection lasts for the life of the creator plus an additional 70 years. You'll need to google specific items to check.

[@lala012310]

Dude, your haircut is soooooo adorable 🤩

[@StarlaMoore]

Thank you!! 😁

[@geennaam8029]

I need help , I’m in a infinite loop! My shop is out on holiday mode because they can’t verify my id ,but I can’t upload my id because I’m on holiday mode. I can’t get out this circle

[@dayaneraaer6089]

I think if all the laws were really enforced and Etsy would be interested, the platform would be almost empty. That alone is not asked for a business license, or in the EU for packaging license numbers ... Etsy alone violates EU rights which allows sellers to sell illegally and harm those who comply with the laws. But as long as Etsy gets their fees, not much will happen ... when I see all the copyright infringements alone - Disney, Harry Potter and many more...

[@StarlaMoore]

Regardless, it is still the business owners obligation to understand these laws - because Etsy may do a poss poor job of enforcing things like copyright and trademark laws.... however, that doesn't mean that the IP holders won't act against a seller. A couple in Florida was recently sued by Disney for selling Mickey ears.

[@eruvandib.676]

Pleeeeeeeeese please please pleeeeeease would you kindly make some videos about obtaining licensing? I'm in the bookish niche too, with my shop EruvandiCrafts, but I'm only making accessories and blankets based on public domain books. (The Wizard of Oz, Alice in Wonderland, etc...) It's fun and I love those stories, but I'd love to learn how to get licensing so I can have more options!

[@StarlaMoore]

That's absolutely awesome! We plan to release a "classics" collection with public domain works in January. But yes, I'll definitely work on content for author licensing soon!

[@viktoryarozetassi8745]

Hey Starla! Is it against the law to have a new 10% off your entire order every month?

[@StarlaMoore]

It entirely depends. Having your WHOLE shop 10% off all the time would not be okay, by FTC standards. But offering a monthly discount or a discount via coupon would be okay.

[@the_farrow9549]

Hi, I recently added an item about Albert Einstein, it was an image I made, should I remove it? does it comply with etsy guidlines or not

[@StarlaMoore]

It's not Etsy's guidelines. It's the law. Unfortunately, though Albert Einstein should technically be in the public domain, his image is still highly protected. Another seller commented on this video, stating that she got in trouble for listing products with his face. So I would avoid using his image.

[@alezamma]

Hi, what if a film names TME law write me about a summon for copyright violation and then they ask me to pay a certain amount of dollars to close the case ? Is it lecit or something to ignore ?

[@StarlaMoore]

I would suggest checking with a lawyer or at least asking that question to one of the online law sites. I'm not a lawyer so I don't want to offer advice. Sorry.

[@alezamma]

in the end that was a class action, so it was real.. ty aniway.@@StarlaMoore

[@jmouttet9530]

I'd like more info on your working with authors to create licensed merch!

[@StarlaMoore]

Awesome, I'll add it to my content schedule!

[@reibubbles2505]

I find the copyright, and trademark thing a bit confusing. For instance, I'm a fan of a singer and I create something inspired by one of their songs, like a painting of a watermelon slice and a sugar cube(Watermelon Sugar-Harry Styles), it is very generic but a fan would recognize the reference right away. Or maybe I use part of the lyrics as text in a painting like "I'm blinded by the light" or even the title of the song "blinding lights"(Blinding Lights-The Weeknd), is that a fair use or... ? They are common images/words so I would think it should be ok; after all I could be using elements that could reference works I don't even know about, would that be breaking the rules without me knowing?

[@Faeriehood]

The images are your interpretation of the music, so no that is not infringement. However, uses direct song lyrics ( in whole and in part) does fall into copyright infringement . You don’t want to build a business on that type of foundation only to find out that your shop has been reported and closed for good.

[@StarlaMoore]

For your watermelon sugar example - while you could use vague imagery, you could not tie that item to anything related to Harry Styles in your title, tags, or description. So while a fan might be able to make a connection, how would you even optimize the item so that the customer would find it? Song lyrics absolutely cannot be used. In any way. Not without a license OR if that song is in the public domain.

[@reibubbles2505]

@@Faeriehood Thank you so much!

[@reibubbles2505]

@@StarlaMoore Thank you Starla! You guys answered all my questions. I understand now. 💗

[@pattykelly6621]

Thank you for bringing up the copyright and trademark violations. I can't believe how many people downright copy Disney and others. And absolutely EVERYTHING now is 'dark academia' or hobbit related, even going as far as copying some character images. Just stop people. Make and sell your own stuff.

[@StarlaMoore]

Yeah, we even looked into the licensing for Tolkien, just to see if it would be possible. Definitely not. I'd rather give smaller authors a bit of love by licensing with them.

[@AndraMarieArt]

So is Amazon breaking the law? Using the browser extension Honey I can see that all Amazon's "sales" are just the standard price.

[@StephFuses]

So, is it legal to take someone's email from a purchase, and send them an email going, "Hey, click here if you want to sign up for my email list?" Because someone on Etsy just did that to me.

[@StarlaMoore]

No, you are not suppose to email Etsy buyers directly unless it is specifically about their purchase. You can have a link to an email list on your site and maybe may include it in the packaging and as a part of a message on Etsy that they send to notify the shopper about shipments, etc. Technically, though, they are not supposed to email you just about joining an email list.

[@StephFuses]

Thanks Strarla. someone did, and I wondered if that was kosher. Suddenly I have an email about signing up, and I was suspicious@@StarlaMoore

[@sciencesnark833]

This is fantastic information. Thank you so much for making this video. Side note fun fact: Using Einstein's likeness is against the law. It was public domain, but now it's not. Found out the hard way. :p

[@StarlaMoore]

That's absolutely crazy! I am going to post this link in case any future commenters want to read the full story. I never would have known! www.theguardian.com/media/2022/may/17/who-owns-einstein-the-battle-for-the-worlds-most-famous-face

[@sciencesnark833]

@@StarlaMoore Yeah, I just made an assumption, which was dumb in hindsight. It only resulted in having a couple of my items taken down. I could purchase a license for about $1000, but it's not worth it based on my sales of those particular items.

[@sciencesnark833]

@@StarlaMoore And yes, it's completely dumb.

[@UnknownButlovesFood]

Someone tell Safeway that its illegal to raise the price to run a sale.......

[@kattalley1384]

Can you make a pun changing the lines from a song and not violate copyright laws? Or would you just stay away from it?

[@StarlaMoore]

I would personally stay away from it. When it comes to a court case, it'd be your lawyers against the musician's lawyers. I dare say it is better to avoid the risk.

[@kattalley1384]

Thank you! Love your videos and information you provide.

[@Ewgryn]

I would be interested to know about your work with authors, I will soon publish a children's book 🎉

[@StarlaMoore]

My work is in getting their permission to use their copyrighted material. I did a video here back about how I contacted them: kzbin.info/www/bejne/m6TXeKuHn51qh7M Are you self-publishing or going through an agent to try for a publishing deal? A self-published my science-fiction book with the help of my friend Michelle.

[@tenfauten]

do you know how and where I can file a report a shop which is on sale all the time? Usually top sellers in each categories are on sale 24/7 and another one starts when they finish one sale. And only the competitor realize these, not buyer, which is absolutely scammy move.

[@StarlaMoore]

The FTC would be your best bet in the US, though if they are in a different country, enforcement may vary.

[@tenfauten]

@@StarlaMoore Thank you!

[@guycampbell733]

Wow, or you could mind your own business? Like literally tend to your own shop instead trying to tear down other people?

[@Laura-je2uw]

You can never achieve success by tearing your competitors down. If its illegal it is on Etsy to do their due diligence. You should focus your time on improving and creating new listings.

[@moonlightxyz8728]

I'm sorry. But this is such a petty move. A seller wants to report other sellers? What a culture. If the buyers want to report, then I don't mind because they have the right. And if Etsy themselves disallow the daily sale function, then it's a different story. How about focusing on how to attract buyers to your own store by offering unique items or interesting deals different than your competitors instead. Not all buyers purchase because of the sales, and Etsy buyers don't always go for cheap(from my own experience).

[@vishalsannyashi3187]

I put my shop on sale everyday. 😂 i need to stop now.

[@StarlaMoore]

Instead of putting the whole shop on sale, you could rotate different items to put on sale on different days. This would be okay. 💛

[@shoreitupshop]

@@StarlaMoore Thats what Hobby Lobby does 🤣

[@StarlaMoore]

Yeah, they do it in MASS though. The launch at full price then dwindle their prices down every few weeks for seasonal items. Which is technically okay, as long as the items are launched at full price.

[@antiableism]

Please make a video about selling a product with permission from the IP holder

[@StarlaMoore]

I absolutely will! They key is to aim for small targets. A licensing deal with Disney, the NFL, Starbucks, etc., will cost MILLIONS. But for small targets like authors and local schools, you typically just need to plan to pay out a small percentage of your profit to the IP holder. I'll be sure to make a video about this soon!

[@antiableism]

@@StarlaMoore Yes. It seems like business to business is an emerging market. Thank you. Can't wait!

[@chadcastle7953]

so wouldnt this count as one of these deceptive tactics ?? lets say i decide to start offering free shipping but then instantly raise my prices to cover these shipping cost to me thats no different than running a perpetual sale or any other deceptive tactic but yet etsy encourages it and even provides a bulk price editing tool to raise your prices if you offer free shipping on orders over $35

[@chadcastle7953]

guess i should have read the comments first did not see @thyme2dream felt the same way

[@StarlaMoore]

I answered on that post as well. Running a sale perpetually is not the same as shifting a business model to provide free shipping. Free shipping would be considered an "accommodation". Not a "sale" that the customer might otherwise expect to be a limited time offer. That would be where the "deception" comes into play.

[@chadcastle7953]

@@StarlaMoore I mean not really if your instantly raising your prices to cover it how is that free I could have got the product yesterday for 15 plus’s 4.99 shipping but today I can buy the product for 19.99 with free shipping .. Free shipping is only an accommodation when it’s actually free not included in the price of the product

[@StarlaMoore]

I can only speak on behalf of what I know, which are Etsy's policies and the laws. My opinions are not relevant to a topic of law.

[@trevors7905]

Many shops on Etsy have ongoing sales that last for 24/48 hours and repeat immediately after the discount ends. This is done to nudge shoppers to purchase, making them think the sale is ending soon. Etsy could put and end to this practice by blocking the ability to put the same listing on sale within a certain amount of time. People would have to create new listings to work around that but it isn't as likely.

[@lala012310]

Like Kohl's. Everything is always on sale😅

[@StarlaMoore]

Yeah, they ride a thin line. But when they first bring out products, those products are technically full price for a little while, which is okay. They just discount them soon after launching.

[@vlindertje235]

another one: selling items as 'handmade' and claiming they are 'handmade' but you did not make them. I see this more often again. Especially items made in countries with low wages and sold by someone in the US. Shops that clearly have a whole factory (even if it's their own) and pretend to be a 1-3 person team making over 400 items in 1 day.

[@spookybooscarystorytime]

Oh man no Bags of Glass?

[@StarlaMoore]

I mean... I guess it depends. 😂

[@spookybooscarystorytime]

@@StarlaMoore I would not want anyone to do that to my stories but chatgpt sucks anyway for fiction for now.

[@joyzubizarreta3503]

How does Hobby Lobby get away with a sale every week? One half the store this week, other half next week. 😆

[@Muskette04]

It's true they do. And the prices on their home decor stuff they're so high they can afford to have them at 60 70% off

[@jenniferburns6616]

You can have a sale every week but it has to be different items. You entire store, or a specific item, can't be on sale forever. Time frames are different by state and may be different from thzn federal guidelines.

[@StarlaMoore]

Hobby Lobby STARTS items at full price and launches them months early, then gradually increases the sale amount - which is okay. If they launched those items with a "discount" in place, they would get in trouble. This is essentially what JC Penny did.

[@Muskette04]

@@StarlaMoore yeah I used to work for JCPenney many many years ago and I remember them doing that

[@shoreitupshop]

There was a lawsuit a while back. Because they do "always 30%" off like funiture. Dont remember the results of that. Im sure there is a loophole for them. They have the good lawyers we dont 😂

[@MileyonDisney]

t h a n k s