Duane C. Pozza

Duane helps clients navigate complex legal and regulatory matters involving privacy, consumer protection, and data governance, with a focus on regulation involving emerging technology. He advises on privacy matters, advertising law, competition, and consumer financial laws and regulations, and represents clients before the Federal Trade Commission (FTC) and Consumer Financial Protection Bureau (CFPB). He has particular expertise with clients working in financial technology (fintech), payments, artificial intelligence (AI), and digital assets.  Prior to joining Wiley, Duane was an Assistant Director in the Division of Financial Practices at the FTC, where he led consumer protection efforts in fintech.

Duane has been named a “Top Lawyer for Fintech” by Business Insider (2021) and a “Trailblazer” in cryptocurrency, blockchain, and fintech by the National Law Journal (2022).  He serves as a member of the Firm’s Management Committee and Chair of its Diversity, Equity, and Inclusion Committee.

Representative Matters

• Counsels clients on full range of privacy, data security, and data governance obligations under federal and state law, including under FTC Act, Children’s Online Privacy Protection Act (COPPA), Gramm-Leach-Bliley Act (GLBA) Privacy and Safeguards Rules, and California law (CCPA/CPRA), and helps clients assess compliance risk and evolving expectations under existing and proposed legislation.
• Successfully represents clients before the FTC in investigations, rulemakings, and inquiries, and advises clients on FTC compliance and strategy. Experience with all aspects of FTC investigations, including Civil Investigative Demand response; staff-, Bureau-, and Commission-level advocacy and negotiations; settlement and litigation; and coordination of multi-forum settlements. Served as counsel to public companies in negotiating FTC settlements, and has successfully persuaded agency to close investigations.
• Represents clients in CFPB matters, including CID responses, market monitoring inquiries, and supervision and examination.
• Advises on biometric privacy laws including the Illinois Biometric Information Privacy Act (BIPA) and other state laws, including laws and regulations impacting facial recognition technology.
• Counsels clients on cutting edge policy and regulatory issues involving AI, machine learning, and advanced data analytics, including legal obligations and risks, advocacy strategies, and corporate practices. Has advised companies on development of AI ethics and governance frameworks, and advocates for risk-based and measured AI regulatory approaches
• Advises financial technology and other financial services clients on compliance and advocacy, including advising on matters related to Fair Credit Reporting Act (FCRA), Equal Credit Opportunity Act (ECOA), Fair Debt Collection Practices Act (FDCPA), GLBA/Regulation P, Electronic Fund Transfer Act (EFTA)/Regulation E, and other federal and state financial service regulations.
• Counsels clients regarding advertising matters, including endorsement guidelines, environmental claims, and “Made in the USA” claims, as well as Magnuson-Moss Warranty Act.
• Advises on blockchain, crypto asset, and Web3 regulation at federal and state level, including consumer protection regulations. While at the FTC, he led the FTC’s Blockchain Working Group, and coordinated enforcement with Securities and Exchange Commission (SEC) and Commodity Futures Trading Commission (CFTC).
• Advocates on policy and legal approaches to fintech regulation. Previously led the FTC’s fintech forum series, focusing on financial regulatory and data privacy issues in AI, peer-to-peer payments, online lending, cryptocurrencies, and blockchain.
• Testified before U.S. House of Representatives Financial Service Committee Fintech Task Force, on big data analytics and federal and state privacy laws.
• Substantial litigation experience, particularly in technology-focused matters, both at the FTC and in private practice, resulting in successful monetary judgments.
• Substantial appellate experience, including successful merits briefing in two prominent U.S. Supreme Court cases dealing with First Amendment issues, CLS v. Martinez and Brown v. Entertainment Merchants Association.

Professional Experience

• Federal Trade Commission, Bureau of Consumer Protection, Division of Financial Practices
  • Assistant Director (2016-2018)
  • Attorney (2012-2015)
• Private law practice (2003-2012)

Affiliations

• Federal Communications Bar Association (FCBA)
  • Co-Chair, AI, Machine Learning, and Robotics Committee (2019-22)
• American Bar Association (ABA), Antirust Law Section
  • Vice-Chair, Privacy and Information Security Committee (2021-23)
  • Vice-Chair, Women.Connected Committee (2020-22)

Recognitions

• Included in The Best Lawyers in America directory for Advertising Law (2022)
• Named a “Trailblazer” in Cryptocurrency, Blockchain, and Fintech by the National Law Journal (2022)
• Named one of the “Top Lawyers for Fintech” by Business Insider (2021)
• Received the Director’s Award from the Federal Trade Commission Bureau of Consumer Protection (2014)
• Named one of “40 Best LGBT Lawyers Under 40” by the National LGBT Bar Association (2010)