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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...

Links and Resources Mentioned in This Episode:

1. Overlooking Legal Requirements in Email Marketing

Here’s what your emails must include:

2. Sharing Testimonials Without Permission

What About Case Studies?

3. Forgetting to Add Proper Disclaimers

4. Neglecting Legal Details in Opt-Ins and Freebies

What you must do with opt-ins: