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I’ll never forget the panic I felt the first time I learned that you legally needed a physical mailing address in the footer of every marketing email you send.

At the time, I was working from home, and the thought of putting my personal address out there for anyone to see? Hard pass. But I didn’t realize I had options. And worse—I didn’t know the fine for not including one could be $46,000 per subscriber. 😳

So yep, I scrambled. Set up a PO box. Updated every footer. And learned that when it comes to legal marketing mistakes, ignorance is not bliss—it’s expensive.

And that’s exactly why I brought lawyer and legal fairy godmother Maria Spears Ollis (aka The Lunar Lawyer) onto the Chasing Simple Podcast. Because while we’re all out here trying to build our brands and serve our people, we can’t afford to leave the legal side of marketing as an afterthought.

In our conversation, Maria broke down the five most common legal mistakes she sees business owners make when marketing their offers—and how to fix each one with confidence and clarity.

Let’s dig into her advice, so you can shore up your marketing foundations and protect your peace. 🕊️

Links and Resources Mentioned in This Episode:

• Stop into my YouTube channel for weekly videos about all things content marketing
• Checkout Maria’s Ad Lib Contract Templates: The Legal Apothecary Legal Services
• Generate a FREE Refund Policy for your course or membership offerings with Maria’s Refund Policy Oracle
• Action Step: Get an address and put it in your email footer, PO box or virtual mailbox like Anytime Mailbox work great
• Book Rec: Abundant Ever After: Tools for Creating a Life of Prosperity and Ease by Cathy Heller
• Want your own live coaching session? Apply here
• Find me on Instagram and tell me what you thought of this episode: @mrsamandawarfield

1. Overlooking Legal Requirements in Email Marketing

We both know email marketing is one of the most powerful tools in your business. But did you know there are specific legal requirements that apply to every email you send?

Here’s what your emails must include:

• ✅ A real, valid mailing address in the footer (can be a PO box or virtual mailbox like Anytime Mailbox)
• ✅ A non-misleading subject line (no “Re:” tricks if there wasn’t actually a reply)
• ✅ Clear and easy-to-find unsubscribe links that work

The fine for noncompliance? $46,000 per email recipient.

This one is so simple to fix, but easy to overlook. Double-check your ESP settings today and make sure you’re covered.

✨ Need a content planner that aligns your content with your business goals? Check out the Chasing Simple Content Planner to plan your email content with clarity and intention.

2. Sharing Testimonials Without Permission

If you’ve ever taken a glowing Google review and pasted it on your website or sales page, you might have unknowingly stepped into murky legal waters. And I can’t lie; this is one of the easiest legal marketing mistakes to make.

Even though public platforms feel fair game, you still need explicit permission to repurpose a testimonial elsewhere.

Here’s Maria’s quick fix:

• 📋 Create a testimonial form or SOP as part of your offboarding process
• ✅ Include checkboxes to get permission to share their words, name, photo, and link
• 💾 Always document permission (DMs count—just screenshot and save)

What About Case Studies?

Same rules apply. Whether you’re spotlighting client wins in a blog post or sales funnel, get their permission first. You can build this into your client agreement or request it separately.

3. Forgetting to Add Proper Disclaimers

Not all disclaimers are created equal, and if you’re sharing:

• 💸 Income or revenue claims
• ⏳ Time-based promises (“I launched my course in 7 days!”)
• 🧠 Advice in regulated industries (legal, financial, medical)

… you need to include specific disclaimers—and they can’t be buried at the bottom of your website.

Legal tip: If you have a testimonial that includes an income claim, the disclaimer needs to be next to the testimonial or above the purchase button, not hidden in your footer.

This is especially relevant for course creators and educators using social proof to market launches. A simple line like:

“Results not typical. Individual results will vary based on effort, experience, and other factors.”

…can go a long way toward protecting you legally.

4. Neglecting Legal Details in Opt-Ins and Freebies

It’s tempting to think your lead magnet is “just a freebie,” but if you’re collecting emails, you’re collecting personal data.

What you must do with opt-ins:

• ✅ Clearly state they’re being added to your email list
• ✅ Include a link to your privacy policy
• ✅ Consider double opt-in (especially if you’re marketing internationally)

Maria recommends including a short line of text under your opt-in form, like:

“By signing up, you’re joining my email list. You can unsubscribe anytime. See my Privacy Policy.”

Simple, clear, and effective. Bonus points if your platform allows checkboxes to confirm consent, especially for EU-based subscribers.

Want a real-world example? Check out Maria’s free Refund Policy Generator—her opt-in page is a gold star example of how to do this right. And while you’re there go ahead and sign up to receive your free refund policy.

5. Leaving Your Website Legally Vulnerable

Your website isn’t just your digital storefront—it’s a legal document. And there are a few key things you need to make sure are in place:

Legal Essentials for Your Website:

• 🛡️ Privacy Policy (required if you collect any data)
• ⚖️ Terms of Use (covers refunds, content rights, disclaimers)
• 🖋️ Copyright Notice (at the bottom of your site + in PDFs/workbooks)
• ™️ TM Symbol next to your brand name if it’s a trademark (even if not registered)
• 🍪 Cookie Notice (especially if using tracking pixels or analytics tools)

If you’re selling digital products or courses directly from your site, your refund policy must be visible before checkout. Not just hidden in an FAQ.

And no, stock photos from Pinterest don’t count. Stick to reputable sources only, please. 🙃

Protect Your Peace (Before You Need To)

Here’s the truth: legal stuff isn’t sexy. But neither is scrambling to fix a situation you could’ve easily prevented. Do your due diligence to avoid the legal marketing mistakes we discussed today.

As Maria put it, legal protection is about supporting your nervous system. When you’ve got your policies, permissions, and protections in place, you’re able to show up with more confidence and less chaos.

So if you’re ready to take action, start here:

✅ Quick Action Step:

Go check your email footer right now. Make sure your mailing address is there, and it’s valid.

🎁 Bonus Action:

If you’re a course or membership creator, download Maria’s free Refund Policy Generator and get your terms in place this week. It’s fast, it’s free, and it’s worth its weight in peace of mind.

Guest Bio

Maria is a lawyer, ex-opera singer, wannabe homesteader and boy mom x3. She is all about nervous system-friendly, proactive legal protection: helping coaches, healers, online educators, and cool companies by protecting their branding, creative content, contractual relationships, and doing business online legally. Maria deep-dives on trademarks, always reads the fine print, and offers smart, plug-and-play contracts through her mad libs-style contract library, The Legal Apothecary,

Guest Links

Website- The Legal Apothecary

Maria’s FREE refund generator – The Refund Policy Oracle

Instagram – @thelunarlawyer