Skip to content
DWT logo
People Services Insights
About Offices Careers
Search
People
Services
Insights
About
Offices
Careers
Search
Desktop Image: Brandiss, Chava
Mobile Image: Brandiss, Chava

Chava Brandriss

Partner

T 202.973.4258 Washington, D.C.

No one's made that argument before? Let's try it.

  •  

Download vCard Download bio Print this page
Share

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

Defended credit union in successive putative class actions alleging Fair Credit Billing Act and Electronic Fund Transfer Act violations in connection with allegedly improper transfer of deposited funds to offset against defaulted credit card debt. Achieved favorable early resolutions.

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.

*Denotes an attorney's experience prior to joining Davis Wright Tremaine
Searching...

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*

Represented mortgage industry clients in hundreds of contested foreclosure and other mortgage-related appeals in New York state appellate courts, as well as in the federal Circuit Courts of Appeal.

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.

*Denotes an attorney's experience prior to joining Davis Wright Tremaine
Searching...

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

Represented provider of commercial habitational insurance in state fair housing agency investigation alleging source of income discrimination. Achieved favorable confidential resolution.

HUD and state fair housing agency fair lending investigations

Representing financial institution in HUD and state fair housing agency investigations alleging appraisal bias and other discriminatory practices in connection with mortgage loan origination in violation of the Fair Housing Act.

Interchange fee remediation

Assisting credit card issuer with large-scale remediation of merchant fees charged in connection with credit card transactions.
*Denotes an attorney's experience prior to joining Davis Wright Tremaine
Searching...

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

Assisted non-bank mortgage lender in comprehensive fair lending review, including advice regarding fair lending issues arising from referral relationship with real estate brokerage.

Targeted marketing – fair lending risk

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

*Denotes an attorney's experience prior to joining Davis Wright Tremaine
Searching...

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.

*Denotes an attorney's experience prior to joining Davis Wright Tremaine
Searching...

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
  • 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
Searching...
treasury department building
06.30.25
Insights
Tracking the New Administration's CFPB: Key Regulation Updates and Reference Guide Read More
05.30.25
Presentations
Panelist, "Updates and Trends in Mortgage Servicing," 2025 Spring Consumer Financial Services Conference, Chicago
05.30.25
Presentations
Speaker, "Updates and Trends in Mortgage Servicing," The Conference on Consumer Finance Law Annual Consumer Financial Services Conference, Loyola Law School, Chicago
05.14.25
Presentations
Panelist, "Litigation Forum Track: RESPA Litigation and Fair Lending," MBA's Legal Issues and Regulatory Compliance Conference, San Diego
05.14.25
Presentations
Speaker, "Litigation Forum Track: RESPA Litigation and Fair Lending," MBA's Legal Issues and Regulatory Compliance Conference, San Diego
04.24.25
Presentations
Speaker, "The State of Consumer Finance Regulation: Legislative & Litigation Developments," American Fintech Council Webinar
03.05.25
Presentations
Speaker, "Litigation Hot Topics," Credit Card Bank Compliance Association Conference, Washington, D.C.
09.24.24
Presentations
Panelist, "Closing Super Session: Regulatory Compliance," MBA's Compliance and Risk Management Conference, Grand Hyatt Washington, Washington, D.C.
05.07.24
Presentations
Mortgage & Home Lending
Panelist, "Key Updates Track: Fair Lending," Legal Issues and Regulatory Compliance Conference, San Diego
05.19.23
Presentations
Mortgage & Home Lending
Presenter, "Fair Lending Enforcement Post-Townstone: Reg B, Redlining, and Unfairness," CCFL Annual Consumer Financial Services Conference, Loyola Law School, Chicago
05.08.23
Presentations
Financial Services
Presenter, "Key Servicing Updates - Top Challenges Facing Servicers," MBA Legal Issues and Regulatory Compliance Conference, Austin, Texas
04.13.23
Webinars
Financial Services
"Hot Topics in Fair Servicing," Davis Wright Tremaine Webinar Read More
Your search returned no results. Please try another search or remove search criteria.
DWT logo
©1996-2025 Davis Wright Tremaine LLP. ALL RIGHTS RESERVED. Attorney Advertising. Not intended as legal advice. Prior results do not guarantee a similar outcome.
Media Kit Affiliations Legal notices
Privacy policy Employees DWT Collaborate EEO
SUBSCRIBE
©1996-2025 Davis Wright Tremaine LLP. ALL RIGHTS RESERVED. Attorney Advertising. Not intended as legal advice. Prior results do not guarantee a similar outcome.