Following the U.S. Supreme Court’s April 22, 2021 decision in AMG Capital Management, LLC v. Federal Trade Commission, which put the brakes on the ability of the Federal Trade Commission (FTC or Commission) to use its Section 13(b) authority to seek monetary penalties for violations of the FTC Act, the Commission has sought another
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.
NIST Lays Out Cybersecurity Guidance for Non-Technical Supporting Capabilities Related to IoT Devices
With millions of Internet of Things (IoT) devices from phones to smart home censors flooding the market every year, effective cybersecurity to help mitigate risks to devices is vital. New guidance from The National Institute of Standards and Technology (NIST), IoT Non-Technical Supporting Capability Core Baseline (NISTIR 8259B), is intended to help manufacturers identify the…
President Biden Nominates Alvaro Bedoya for FTC Commissioner
On September 13, 2021, President Biden nominated Alvaro Bedoya for Commissioner of the Federal Trade Commission (FTC) to replace outgoing FTC Commissioner Rohit Chopra. Earlier this year, President Biden nominated Chopra to head the Consumer Financial Protection Bureau (CFPB). If confirmed, Bedoya would round out the slate of FTC commissioners and solidify the agency’s Democratic…
FBI and CISA Warn Businesses to be Vigilant About Ransomware Attacks
As the Labor Day weekend approaches, the Federal Bureau of Investigation (FBI) and Cybersecurity and Infrastructure Security Agency (CISA) are warning U.S. entities to remain alert and protect against the rising incidence of ransomware attacks over holidays and weekends. A joint cybersecurity advisory issued on August 31, 2021 reviews recent ransomware attacks that occurred over…
Could COPPA Safe Harbor Changes Be in Store?
The Federal Trade Commission (FTC) took the unprecedented step of removing one of the approved Safe Harbor organizations under the Children’s Online Privacy Protection Act (COPPA) for failing to provide effective monitoring and assessment of its member companies’ websites, as required under the COPPA Rule. Earlier this year, Commission staff warned Aristotle International, Inc., whose…
EU Adopts New Standard Contractual Clauses For Transfers of Personal Data
On June 4, 2021, the European Commission adopted a new set of standard contractual clauses (SCCs) governing exchanges of personal data between data controllers and data processors and transfers of personal data from the EU to the U.S. or other countries that are not deemed to ensure adequate protection for personal data. The revised SCCs…
Addressing Dark Patterns in Online Marketing
The Federal Trade Commission (FTC) has released the final agenda for its first workshop on the use of “dark patterns” online, Bringing Dark Patterns to Light: An FTC Workshop, which will be held virtually on April 29, 2021. The workshop will explore how to define “dark patterns,” their prevalence, possible harms (including to vulnerable…
Here’s What’s in the Latest Round of CCPA Regulations
The long trudge towards final regulations implementing the California Consumer Privacy Act (CCPA) continues. In December of last year, the California Attorney General issued a fourth set of proposed regulations. These additions were approved by the California Office of Administrative Law (OAL) on March 15, 2021 and took effect immediately. Here are the key…
Virginia Becomes Second State to Pass Comprehensive Privacy Law
As Congress remains locked in a stalemate over the terms of a comprehensive federal privacy law, states continue to forge ahead. Following California, Virginia is the second U.S. state to enact its own comprehensive privacy law governing the collection and use of personal data. Governor Ralph Northam signed the Virginia Consumer Data Protection Act (CDPA)…
FTC Orders E-Cigarette Manufacturers to Provide Advertising and Sales Information
The Federal Trade Commission (FTC) has issued orders to five e-cigarette manufacturers (JUUL Labs, Inc., R.J. Reynolds Vapor Company, Fontem US, LLC, Logic Technology Development LLC, and NJOY, LLC) seeking information about the companies’ 2019 and 2020 sales, advertising, and promotions. The FTC sent similar orders to the same companies in October 2019 seeking information…