Federal Trade Commission Chairman Andrew N. Ferguson has appointed Levi Swank as Deputy Director of the Bureau of Consumer Protection, marking a key staffing decision as the agency continues its consumer protection enforcement efforts under new leadership.
Swank brings substantial experience in consumer protection litigation to his new role at the FTC. Throughout his career in private practice, he has represented clients across a wide variety of enforcement matters, class actions, and investigations involving consumer protection issues. His appointment signals Ferguson's commitment to strengthening the bureau's enforcement capabilities with seasoned legal talent.
The Bureau of Consumer Protection serves as one of the FTC's primary enforcement arms, responsible for investigating and pursuing cases involving deceptive practices, fraud, privacy violations, and other consumer protection matters. The deputy director position plays a crucial role in overseeing the bureau's operations and enforcement strategy.
Prior to joining the FTC, Swank spent his entire legal career at a large law firm in Washington, D.C., rising through the ranks from associate to partner. This progression demonstrates his expertise in handling complex litigation matters and his understanding of the regulatory landscape that governs consumer protection enforcement.
Swank's academic credentials reflect strong legal training and scholarship. He earned his J.D. from the University of Virginia School of Law, where he served as an Executive Editor of the Virginia Law Review, a prestigious position that indicates both academic excellence and editorial skills. His graduation Order of the Coif, an honor reserved for students in the top 10 percent of their law school class, further underscores his academic achievements.
His undergraduate education at Patrick Henry College, where he earned a B.A. in Government, provided foundational knowledge in political science and governmental structures that likely informs his understanding of regulatory frameworks and policy implementation.
Following his graduation from law school, Swank completed a federal appellate clerkship with the Hon. Alice M. Batchelder of the United States Court of Appeals for the Sixth Circuit. Federal appellate clerkships are highly competitive positions that provide young attorneys with invaluable experience in legal research, writing, and understanding appellate procedure. Clerking for Judge Batchelder, who served on the Sixth Circuit for more than two decades before taking senior status, would have exposed Swank to a wide range of federal legal issues and appellate advocacy.
The appointment comes as the FTC continues to play an active role in consumer protection enforcement across various sectors. The Bureau of Consumer Protection handles cases involving everything from data privacy and security to deceptive advertising and unfair business practices. The agency has increased its focus on technology companies, financial services, and emerging areas where consumers may face new types of harm.
Swank's private practice experience in enforcement matters and class actions will likely prove valuable as the FTC continues to pursue cases involving large-scale consumer harm. His understanding of how companies approach compliance and litigation defense will provide important perspective as the bureau develops enforcement strategies and case theories.
The transition from private practice to government service represents a significant career shift for Swank, moving from representing companies facing FTC enforcement to helping lead those enforcement efforts. This perspective from both sides of the regulatory divide could enhance the bureau's effectiveness in crafting enforcement approaches that are both legally sound and practically implementable.
Chairman Ferguson's appointment of Swank reflects the ongoing evolution of FTC leadership and enforcement priorities. The selection of an experienced private practitioner for this key deputy role suggests an emphasis on bringing sophisticated litigation experience to the agency's enforcement efforts.
The Bureau of Consumer Protection will continue to play a central role in the FTC's mission to protect American consumers from unfair and deceptive practices. Under Swank's leadership as deputy director, the bureau will likely continue pursuing enforcement actions while potentially bringing new perspectives informed by his private sector experience.
The appointment requires no Senate confirmation, allowing Swank to begin his new role immediately. His extensive litigation background and understanding of consumer protection law position him to contribute effectively to the bureau's ongoing enforcement activities and strategic planning.
As the FTC adapts to evolving consumer protection challenges in areas such as digital privacy, artificial intelligence, and emerging technologies, experienced leadership like Swank's will be essential for effective enforcement. His appointment represents Chairman Ferguson's commitment to maintaining strong enforcement capabilities within the Bureau of Consumer Protection.