How the Marketplace Fairness Act Affects The SEO Industry

Digital marketing has reshaped the face of commerce. The landscape has changed dramatically from one-click shopping carts to global advertising campaigns. But, as marketers, it’s essential to keep an eye on the legal dimensions that intersect with our digital world.

One such piece of legislation is the Marketplace Fairness Act.

Let’s dive into what it is and its implications for digital marketers.

What is the Marketplace Fairness Act?

Introduced in 2011, the Marketplace Fairness Act seeks to mandate out-of-state retailers to collect state sales taxes, even when they have no physical presence, like warehouses or retail stores in that state.

Historically, based on Supreme Court rulings, such out-of-state retailers enjoyed protection from collecting state sales taxes unless they had a physical “nexus” in the state. However, if passed, this Act could expand states’ taxation authority over online sellers.

How could the MFA affect SEO?

At a superficial level, the MFA doesn’t directly touch on SEO. However, if you consider the broader implications and how businesses might react, you can identify several indirect effects:

Pricing Strategies: If online retailers now have to factor in varying sales tax rates across different states, their pricing strategies may change. Price changes can affect conversion rates, which can influence how much retailers are willing to invest in SEO.

User Experience: Online stores might implement tools or plugins to calculate and display accurate sales taxes based on user location. How these tools are integrated can impact site speed, user experience, and even SEO if not done correctly.

Local SEO: If there’s a perception that online shopping becomes less cost-effective due to sales tax, some consumers might opt for local purchases instead. This could lead to an increased emphasis on local SEO for businesses that have both an online and physical presence.

Content Strategy: Online businesses might need to update their content to address questions or concerns about the sales tax changes. This could involve new blog posts, FAQ sections, or other content explaining the changes to their customers. A well-executed content strategy can also improve SEO.

But you’ll need backlinks to achieve long-term success.

Ad Spend and Organic Traffic: If the additional sales tax affects conversion rates, businesses might reallocate budget from paid advertising to organic SEO or vice versa, depending on where they see the best ROI.

The Impact on Digital Marketers

For digital marketers, particularly those who promote or work for small to midsized online retailers, the implications are multi-fold:

  • Increased Compliance Costs: With over 9,600 state and local tax jurisdictions, the Act could lead to complex tax collection processes. Online retailers might have to invest in sophisticated tax software, and marketers might need to factor these costs into their pricing and promotional strategies.
  • Competitive Landscape Shift: Big-box retailers, who have been lobbying for the Act, argue for an equal playing field. However, many small online retailers believe this legislation would put undue stress on their operations. Marketers would need to strategize on how to maintain competitiveness, especially when pitted against giants like Amazon.
  • Changing Consumer Perceptions: Price is a significant factor in online purchase decisions. With the potential addition of state sales taxes, there may be a shift in how consumers perceive the price advantages of online shopping. Marketers would have to find innovative ways to communicate value and maintain brand loyalty.

Potential Opportunities

Every challenge brings opportunities:

  • Local Marketing Push: Online retailers might explore collaborations with local businesses to optimize the benefits of having a physical presence. Digital marketers could devise campaigns that promote these collaborations, increasing foot traffic for local partners while cementing online brands’ commitment to local communities.
  • Value-Added Services: To offset potential price hikes due to taxes, online retailers could offer value-added services like faster delivery, exclusive member benefits, or unique product bundles. Digital marketers can highlight these value propositions in their campaigns.

A Deeper Dive into the Debate

The crux of the argument for supporters of the Act is fairness. They contend that everyone should bear tax collection burdens equally. Opponents, significantly smaller online retailers, believe the Act could stifle ecommerce growth, which many see as a cornerstone of economic recovery.

It’s essential to note that the Marketplace Fairness Act doesn’t aim to introduce new taxes but redistribute the responsibility of collecting existing ones. This redistribution, however, poses challenges for smaller businesses, which may lack the resources of larger corporations.


While the Marketplace Fairness Act debate continues, digital marketers should stay informed and agile. The digital landscape is continually evolving, and changes in the legal environment are a crucial part of that evolution.

Understanding the potential challenges and opportunities such legislation presents will ensure that marketers remain proactive and continue to drive online commerce growth.

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