Chava Brandriss
Partner
No one's made that argument before? Let's try it.
Chava represents financial institutions against claims by consumers, advocates during government enforcement actions and investigations, and navigates clients through the maze of federal and state laws regulating consumer financial services.
An experienced litigator, Chava has handled hundreds of lawsuits in the consumer financial services space, including class actions; large portfolios of defensive mortgage litigation; and other complex litigation against banks, credit unions, lenders, loan servicers, and fintechs through trial and appeal. As an appellate litigator, Chava has crafted over 100 appellate briefs and arguments.
Through her highly specialized expertise, Chava positions clients to avoid future risk and minimize potential exposure. Beyond litigation, Chava advises financial services clients on issues that span the product development, banking, lending, and servicing lifecycle, from fair lending, fair and responsible banking, and fair housing, to disclosures, fees, advertising and marketing, UDAAP, credit reporting, and debt collection. When supervisory matters escalate, Chava guides clients through their interactions with regulators, providing sensitive and strategic advice in investigations and enforcement actions before the CFPB, FDIC, OCC, HUD, state financial services regulators, and attorneys general.
Chava leads the mortgage and home lending practice within our banking and financial services group. Drawing from her career-long focus on the residential mortgage lending and servicing industry following the 2008 financial crisis and rise of the CFPB, she brings to her clients a deep knowledge of issues ranging from fair lending, fair housing, and fair servicing, to default servicing and loss mitigation, investor and agency rules, and the TILA/Regulation Z, RESPA/Regulation X, and other requirements unique to residential mortgage lending and servicing.
Passionate about pro bono service, Chava is particularly committed to combatting housing segregation, which she strongly believes underlies the entrenched racial inequality that persists in our society. A highlight of Chava's pro bono work includes successfully trying, through appeal, a long-running fair housing lawsuit challenging policies that perpetuate residential segregation in the New York suburbs, an important victory for fair and affordable housing with nationwide impact. Chava serves on the firm's Pro Bono Committee and, in recognition of her pro bono work, received the firm's Willard J. Wright Award (2021), which recognizes a partner who has shown outstanding commitment to community and civic activity.
Consumer Financial Services and Other Complex Litigation and Appeals
Preemption challenge to state regulatory overreach – Colorado DIDMCA opt-out litigation
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.
High-yield CD auto-renewal class action
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.
Fair Credit Billing Act class actions
Fair Credit Reporting Act class action
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.
National Flood Insurance Program and Flood Disaster Protection Act claims
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.
Appeals
Preemption challenge to state regulatory overreach – Colorado DIDMCA opt-out
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.
National Flood Insurance Program and Flood Disaster Protection Act appeal
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.
Foreclosure and other mortgage-related appeals
Represented national bank mortgage servicer in mortgage and foreclosure-related appeals in the Washington state appellate courts.
Foreclosure and other mortgage-related appeals*
Preservation of standing defense under New York law
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.
Supervision, Investigations, and Enforcement
State fair lending investigation
Defending large depository institution in investigation by state civil rights agency alleging discriminatory mortgage lending via redlining and disparate approval rates.
Citizenship, immigration status, and national origin discrimination
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.
Source of income discrimination
HUD and state fair housing agency fair lending investigations
Interchange fee remediation
Regulatory and Product Counseling
State interchange regulation
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.
State interest rate regulation and preemption issues
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.
Special purpose credit programs
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.
Fair lending review and compliance
Targeted marketing – fair lending risk
Advised several financial institutions regarding fair lending risk associated with targeted digital marketing initiatives.
Pro Bono
Religious liberty amicus brief
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.
Fair housing amicus brief
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.
Fair housing litigation
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.
Fair housing advice
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.
Fair housing and Special Purpose Credit Program advice
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.
Admitted to Practice
- District of Columbia, 2013
- New York, 2009
- U.S. Court of Appeals, 2nd Circuit, 2012
- U.S. Court of Appeals, 3rd Circuit, 2016
- U.S. Court of Appeals, 10th Circuit, 2024
- U.S. District Court, Eastern District of New York, 2009
- U.S. District Court, Southern District of New York, 2009
- U.S. District Court, District of Columbia, 2023
- U.S. District Court, District of Colorado, 2024
Education
- J.D., Benjamin N. Cardozo School of Law, 2008, cum laude
- Order of the Barristers
- Order of the Barristers
- M.A.T., The City College of New York, 2005
- B.A., Barnard College, Columbia University, 2003
Languages
- Hebrew
Professional Recognition
- Received the "Willard J. Wright Award," recognizing a partner who has shown outstanding commitment to community and civic activity, Davis Wright Tremaine, 2021
- Named to "Capital Pro Bono Honor Roll" by the D.C. Court of Appeals and the D.C. Superior Court, 2023; High Honors, 2020, 2022, 2024, 2025
- Selected to "Washington, D.C. Rising Stars," Thomson Reuters, 2014-2020
- Selected to "New York Metro Rising Stars," Thomson Reuters, 2013-2019
Background
- Counsel, Consumer Finance Litigation / Financial Services Litigation, Hogan Lovells US LLP; Washington, D.C./New York, 2008-2020
- Alexander Fellow, Hon. Shira A. Scheindlin, U.S. District Court for the Southern District of New York, New York, 2007