In the midst of the busiest shopping season of the year, Federal Trade Commission (FTC or Commission) staff reminded companies of their obligations under the Rule on the Use of Consumer Reviews and Testimonials (Consumer Review Rule). On December 22, 2025, the FTC announced that staff had sent letters to ten companies warning that they
Tracy Marshall
Tracy Marshall counsels international and domestic for-profit and non-profit clients on a range of privacy, data security, advertising, promotions, and intellectual property matters. She also advises on general corporate and transactional matters.
Tracy assists clients with compliance and advocates on their behalf. She is a Certified Information Privacy Professional (CIPP/US) through the International Association of Privacy Professionals (IAPP) and helps clients implement privacy, data security, and security breach response programs, develop internal and public-facing privacy policies to comply with applicable laws, respond to cyber and data security incidents, and manage relationships with service providers and third parties. Tracy advises on structuring and conducting email and text messaging campaigns, sweepstakes, contests, and other promotions, and she helps clients protect and enforce their intellectual property rights.
In addition, Tracy counsels clients on corporate matters and assists with structuring and negotiating a variety of transactions, including licensing, marketing, and outsourcing arrangements.
Tracy is frequently invited to speak at privacy, data security, telecommunications, and advertising conferences and is a contributor to Keller and Heckman’s Consumer Protection Connection blog and Beyond Telecom Law Blog.
Amazon to Pay Record $2.5 Billion to Settle FTC Claims of Deceptive Prime Membership Signup and Cancellation Practices
Businesses making negative option or auto-renewal subscription offers, beware: Federal Trade Commission (FTC or Commission) enforcement is alive and well in 2025. Although the U.S. Court of Appeals for the Eighth Circuit struck down the FTC’s much-criticized Biden-era “click to cancel” rule earlier this summer, on September 25, 2025 the FTC announced that Amazon.com, Inc.
Google Settles Children’s Privacy Class Action Lawsuit; Disney Settles DOJ Lawsuit and Faces Class Action
Google and two Disney companies recently settled lawsuits alleging that the companies violated children’s privacy laws, once again demonstrating a heightened interest in protecting children online and putting content creators and channel owners on notice that they will be subject to strict liability for violations of federal and state privacy laws. On August 18, 2025…
KOSA is Back and Still Controversial
On May 14, 2025, the Kids Online Safety Act (KOSA), SB 1748, was reintroduced for the fourth time by original sponsor Marsha Blackburn (R-TN), joined by Senators Richard Blumenthal (D-CT), John Thune (R-SD), and Chuck Schumer (D-NY). First introduced in 2022, and then again in 2023 and 2024, KOSA imposes a duty of care on…
Privacy and Advertising Year in Review 2024: Will Kids and Teens Remain a Focus in 2025?
A new year. A new administration in Washington. While protecting kids and teens is likely to remain an issue that drives legislation, litigation, and policy discussions in 2025, issuance of 1,000 Executive Orders on day one of the Trump Administration may result in new or changed priorities and some delay in the effective date of…
Updated COPPA Rule on Hold?
As we recently reported, the Federal Trade Commission (FTC or Commission) finalized updates to the Children’s Online Privacy Protection Rule (COPPA Final Rule or Rule) on January 16, 2025, and the updates were due to take effect 60 days after publication in the Federal Register. However, an Executive Order issued by President Trump on…
FTC Finalizes Updated COPPA Rule
After a process that began back in 2019, the Federal Trade Commission (FTC or Commission) unanimously approved a revised Children’s Online Privacy Protection Act Rule (COPPA Rule or Rule) on January 16, 2025. The Rule was based on comments responding to the FTC’s Notice of Proposed Rulemaking (NPRM) issued January 11, 2024. This is…
FTC Announces Final “Click to Cancel” Rule
On October 16, 2024, the Federal Trade Commission announced its final “click-to-cancel” rule, expanding its prior rules on negative options to include all types of subscription sales.
A central element of the rule is a requirement that sellers make it as easy for consumers to cancel their enrollment as it was to sign up…
KOSA and COPPA 2.0 Voted Out of the Senate
As widely predicted, on July 30, 2024, the Senate passed the Kids Online Safety Act (KOSA) and the Children and Teens’ Online Privacy Protection Act (COPPA 2.0) in a bipartisan vote of 91-3. Echoing criticism from both civil liberties groups and industry, Senators Rand Paul (R-KY), Mike Lee (R-UT), and Ron Wyden (D-OR) voted no…
Kids Task Force Issues Guidance for Protecting Minors Online
The interagency Kids Online Health and Safety Task Force, which was created last year and is led by the Department of Commerce (through the National Telecommunications and Information Administration) and the Department of Health and Human Services (through the Substance Abuse and Mental Health Services Administration), released a report on protecting minors online, Online Health …