As fears escalate over the spread of coronavirus (COVID-19), scared consumers may be more susceptible to claims by companies offering cure-all remedies. The Federal Trade Commission (FTC) and Food and Drug Administration (FDA) are aware and looking out for consumers. The two agencies sent joint warning letters to seven companies – Vital Silver, Quinessence
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.
UK ICO Finalizes Rules for Children’s Content
The UK Information Commissioner’s Office (ICO) recently finalized its Age-appropriate design: a code of practice for online services (the code). The code applies to any “relevant information society services which are likely to be accessed by children” (by which the ICO means minors under age 18), whether designed for kids or general audiences. The new…
FTC Seeks Comments on Revamping its Endorsement Guides
At a time when influencers are making a living – and sometimes millions of dollars – for promoting everything from eye shadow to the latest smartphone, the Federal Trade Commission (FTC) is reassessing its Guides Concerning the Use of Endorsements and Testimonials in Advertising (the Guides). The Guides provide direction to businesses that use influencers…
NIST Solicits Comments on Revised Draft IoT Cybersecurity Device Guidance
On January 7, 2020, the National Institute of Standards and Technology (NIST) released a draft of revised cybersecurity recommendations for IoT devices at both the pre-market and post-market stages. NISTIR 8259, Recommendations for IoT Device Manufacturers: Foundational Activities and Core Device Cybersecurity Capability Baseline, identifies six voluntary steps manufacturers should take to account…
The EU Advocate General Opinion is Out: Standard Contractual Clauses are Valid
Businesses that rely on standard contractual clauses (SSCs) to transfer personal data outside the European Economic Area (EEA) just got good news. The long-awaited decision from the EU Advocate General (AG) is here: SCCs are valid. The AG’s opinion, although non-binding, is significant for the case brought by Austrian privacy activist Max Schrems against Facebook,…
FTC Publishes Practical Guidance for Influencers
From beauty gurus on Instagram to product reviewers on YouTube, influencers are big business for brands. However, the intentions aren’t always clear when reading the advice of a celebrity fitness trainer who was paid for his endorsement or watching a video of a fashionista who just received a new wardrobe from the clothing company she…
FTC Says “Stalking” Apps Violate COPPA and the FTC Act
You know that movie where a person thinks they’ve barricaded themselves in their house against a stalker, only to grasp the awful realization that the threat is “coming from inside the house”? Unbeknownst to you, that threat may, in fact, be coming from your smartphone, according to a complaint by the Federal Trade Commission (FTC).…
What’s Next After Facebook’s Record $5 Billion Fine and Cambridge Analytica?
Facebook is facing some big changes after the Federal Trade Commission (FTC) settled with the social media giant over charges that it violated an earlier consent agreement. The company will pay a penalty of $5 billion, which is not only the biggest privacy fine in history, but also, according to FTC commissioner Noah Phillips, “almost…
Equifax to Pay Largest-Ever Data Breach Settlement
The Equifax data breach was one of the most massive data breaches of all time, and it has resulted in the biggest settlement for a data breach to date. After two years of investigations at the state and federal levels, credit reporting agency Equifax has agreed to a $675 million – up to possibly $700…
FTC and D-Link Settle Data Security Dispute
After protracted litigation, the Federal Trade Commission (FTC) entered into a proposed settlement with computer software manufacturer D-Link over charges that the company misrepresented the security of its wireless routers and Internet-connected cameras and failed to take reasonable software testing and remediation measures to protect the devices.
As we previously reported, part of the…