Chava Brandriss

Co-leading team representing banking and fintech trade groups challenging as preempted a Colorado law that would have prevented out-of-state, state-chartered banks from making consumer loans to residents of Colorado at interest rates permissible in the banks' home states, but not permissible under Colorado law. Preliminary injunction granted by district court. Appeal pending in 10th Circuit.

Defended large national bank in putative California state court class action alleging violations of state deceptive practices and elder abuse in connection with auto-renewal of time deposit accounts at lower interest rates than advertised high-yield rates. Achieved favorable early resolution.

Successfully defended national bank in putative class action alleging Fair Credit Reporting Act violations and deceptive practices in connection with alleged "dark patterns" in advertising for pre-approval for a co-brand credit card.

Obtained dismissal of complaint against mortgage lender arising as a result of third-party service provider's erroneous flood hazard area determination, and defended dismissal on appeal of matter of first impression to state's highest court.

Defending, on appeal to the 10th Circuit, preliminary injunction secured on behalf of banking and fintech trade groups enjoining as preempted Colorado law that would have prevented out-of-state, state-chartered banks from making consumer loans to residents of Colorado at interest rates permissible in the banks' home states, but not permissible under Colorado law.

Defended dismissal of complaint against mortgage lender arising as a result of third-party service provider's erroneous flood hazard area determination, briefing matter of first impression in West Virginia's highest court. Matter settled prior to decision.

Represented national bank mortgage servicer in mortgage and foreclosure-related appeals in the Washington state appellate courts.

Represented mortgage foreclosure plaintiff in defense of appeal to New York's highest court on issue of how a standing defense, which is waivable under New York law, must be alleged to be preserved in an answer.

Defending large depository institution in investigation by state civil rights agency alleging discriminatory mortgage lending via redlining and disparate approval rates.

Defending national bank in investigation by city attorney's office regarding alleged discrimination against loan and deposit account applicants based on citizenship or immigration status, including Deferred Action for Childhood Arrivals (DACA) recipients.

Provide guidance to bank and credit union clients in connection with state law prohibiting collection and charging of credit and debit card interchange on the local tax and gratuity portion of transactions.

Advise state banks, fintechs, and industry trade groups regarding state efforts to impose interest rate caps on out-of-state, state-chartered banks via "opt-out" legislation in contravention of federal law (DIDMCA) preempting state interest rate regulation for state-chartered banks.

Provided guidance to credit union in connection with establishment of Special Purpose Credit Programs under ECOA, Regulation B, and the Fair Housing Act for lending to women- and minority-owned businesses, and mortgage lending.

Advised several financial institutions regarding fair lending risk associated with targeted digital marketing initiatives.

Submitted merits stage Supreme Court amicus brief in case confronting Establishment Clause and Free Exercise concerns raised by attempt to establish nation's first religious charter school in Oklahoma.

Submitted amicus brief in 8th Circuit case involving discrimination on the basis of disability in connection with Housing Choice Voucher policies in manufactured home communities.

Won, after trial, long-running zoning discrimination lawsuit under the Fair Housing Act against Long Island village on behalf of pro bono affordable housing developer and community organizer clients, resulting in remedial judgment overseen by court-appointed monitor, and attorney fee award. Win affirmed on appeal to 2nd Circuit. Secured favorable settlement of parallel housing segregation lawsuit against Long Island county, resulting in $5 million awarded to affordable housing developer client to develop affordable housing in "high opportunity" areas in county, and obligations assumed by county to address residential segregation and lack of affordable housing in "high opportunity" areas. Continued representation in connection with judgment enforcement and settlement compliance issues.

Providing legal advice regarding Fair Housing Act compliance, including in the wake of the Supreme Court's June 2023 decision overturning affirmative action in higher education and a shift in national policy focus regarding race equity efforts, to regional cooperative seeking to target racial inequities in the housing ecosystem by increasing homeownership among Black households.

Provide legal advice and analysis to several pro bono clients regarding Fair Housing Act, Equal Credit Opportunity Act, and Regulation B compliance and potential liability for race-conscious and other DEI-focused housing and lending programs, including Special Purpose Credit Programs under ECOA, in the wake of the Supreme Court's June 2023 decision overturning affirmative action in higher education, and a shift in national policy focus regarding race equity efforts.