On February 23, 2026, the Federal Trade Commission (FTC) and Department of Justice (DOJ) Antitrust Division launched a joint public inquiry, inviting comments on whether new antitrust guidance for business collaborations is needed and what content such guidance should cover for “a range of collaborations utilized to drive innovation and promote competition in the
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.
FTC Issues COPPA Enforcement Policy Statement Promoting Age-Verification Technology
On February 25, 2026, the Federal Trade Commission (FTC) released an important children’s privacy enforcement discretion statement: COPPA – Enforcement Policy Statement Promoting the Adoption of Age-Verification Technology. Age verification of minors is an increasingly hot topic in children’s privacy law, as several states recently adopted laws requiring companies to conduct age verification before…
Kids and Teens Privacy: 2025 Look Back and 2026 Predictions – Part II: The State Privacy Patchwork
As we discussed in Part 1 of this series, while the Children’s Online Privacy Protection Act (COPPA) remains the primary federal law protecting children’s online privacy, there is a growing patchwork of state laws aimed at protecting both children and teens online. These laws identify a variety of potential harms, but many of them expand…
Kids and Teens Privacy: 2025 Look Back and 2026 Predictions – Part I: The Federal Landscape
As we look back at key privacy developments during 2025, one thing is clear: it was all about kids and teens. That trend seems likely to continue in 2026. The problem is, while there are very real concerns about the impact of online content and social media engagements on young people, legislative solutions – well-intentioned…
FTC Warns 10 Companies to Comply with the Consumer Review Rule
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…
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…