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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.


To learn more about Tracy's practice areas, click here.

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).

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

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

Earlier this week, the UK Information Commissioner’s Office (ICO) announced its intent to fine British Airways £183,390 million ($230 million) and its intent to fine Marriott International more than £99 million ($123 million) for violations of the General Data Protection Regulation (GDPR) arising out of data breaches. The ICO investigated the breaches as the lead

Nearly three years after the EU-U.S. Privacy Shield framework replaced the U.S.-EU Safe Harbor as a mechanism to transfer personal data from the European Union to the United States, the Federal Trade Commission (FTC) continues to monitor companies’ claims regarding participation. As we previously reported, the FTC has taken actions against several companies over

The Federal Trade Commission (FTC) entered into a proposed settlement with LightYear Dealer Technologies, LLC (aka DealerBuilt) on June 12, 2019, over allegations of lax consumer privacy protections. While no fines were levied, the order is remarkable for its detailed and extensive requirements governing the company’s future data privacy practices and the FTC’s role in

After hacks of two websites, i-Dressup.com and ClixSense.com, resulted in the compromise of personal information for millions of users – including, in the case of i-Dressup, hundreds of thousands of children under 13 – the Federal Trade Commission (FTC) issued complaints against the websites and their operators for lax security and other privacy violations. Notably,

The European Data Protection Board (EDPB) has weighed in on the interplay between the General Data Protection Regulation (GDPR) and the ePrivacy Directive in response to questions from the Belgian Data Protection Authority (DPA). Addressing how and when each set of rules applies to processing data, the EDPB stated that “these questions concern a matter

The Federal Trade Commission (FTC) recently released its annual report highlighting its work on privacy and data security during 2018. The FTC initiated five enforcement actions arising out of data breaches and nine data privacy enforcement actions in 2018, including cases against online payment system Venmo and mobile phone maker BLU for misrepresenting their privacy