Justin Potesta Counsel

Justin Potesta provides counsel to and defends clients on a wide range of privacy issues related to emerging technologies. 

Artificial Intelligence and Biometric Privacy

Justin works with clients to assess and develop privacy compliance programs relating to emerging technologies, primarily in artificial intelligence (AI), machine learning (ML), and computer vision. Justin has worked with various clients providing facial and voice recognition, data analytics, and generative AI solutions. He has extensive knowledge on biometric privacy issues, including under the Texas Capture or Use of Biometric Identifier Act (CUBI), the Illinois Biometric Information Privacy Act (BIPA), and the Washington My Health My Data Act (MHMDA). His clients in this space have included technology service providers, know-your-customer (KYC) vendors, entertainment companies, and retailers.

Financial Privacy and Consumer Reporting

Justin regularly advises clients—from fintech startups to established financial services businesses—on the full gamut of financial privacy and data security issues. He has deep experience counseling on consumer reporting and risk scoring issues arising under the Fair Credit Reporting Act (FCRA), as well as various privacy and cybersecurity issues related to the Gramm-Leach-Bliley Act (GLBA). He has provided counsel for clients in the financial privacy and risk scoring space, including technology companies, banks, consumer reporting agencies, lead generators, and digital asset and blockchain companies.

Investigations and Litigation

In addition to his role as an advisor, Justin regularly defends clients in both commercial and class action litigation related to a range of privacy and cybersecurity issues. He has also defended clients faced with regulatory investigations by the Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), New York Department of Financial Services (NYDFS), and state attorneys general.