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Experience List
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Admitted to Practice

  • District of Columbia, 2010
  • Virginia, 2008
  • U.S. Court of Appeals 4th Circuit, 2011
  • U.S. Court of Appeals 5th Circuit, 2013
  • U.S. Court of Appeals 6th Circuit, 2010
  • U.S. Court of Appeals D.C. Circuit, 2013
  • U.S. District Court Eastern District of Virginia, 2010
  • U.S. District Court Western District of Virginia, 2011
  • U.S. District Court District of Columbia, 2012
  • U.S. District Court Eastern District of Pennsylvania, 2017

D. Bradford Hardin, Jr.

HardinD. Bradford
Bradford Hardin is the co-leader of the Supervision, Enforcement, and Litigation practice within Davis Wright Tremaine’s Consumer Financial Services group. He helps financial institutions, FinTech ventures, and technology companies navigate government investigations, supervisory examinations, and difficult regulatory issues. Bradford concentrates his practice on banking and consumer protection matters before the Bureau of Consumer Financial Protection, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Federal Reserve Board, the Department of Justice, and state regulatory authorities.

Bradford is deeply experienced in supervision and enforcement, having handled some of the most challenging investigations and horizontal reviews in recent years. He has defended contentious examinations and investigations in areas as diverse as consumer fraud, sales practices, student loans, military lending, credit advertising and promotions, data security, mortgage foreclosure and government mortgage programs, savings and cash sweep accounts, payment systems, and consumer reporting, among others.

Bradford also advises banks, credit unions, loan servicers, auto lenders, and technology companies on pressing consumer protection issues, including those related to Unfair, Deceptive, or Abusive Acts or Practices, the Truth in Lending Act and Regulation Z, the Truth in Savings Act and Regulation DD, the Electronic Funds Transfer Act and Regulation E, the Fair Credit Reporting Act and Regulation V, the Fair Debt Collection Practices Act, the Gramm-Leach-Bliley Act, E-SIGN, the Servicemembers Civil Relief Act, and the Military Lending Act.

In addition, Bradford has assisted banks in managing their prudential regulatory affairs, including charter and licensing, bank powers and activities, affiliate transactions, controlling and non-controlling investments, confidential supervisory information, and third-party risk management and outsourcing, among other issues.

Representative Experience

Supervision and Enforcement

Enforcement and supervision*

Represented national bank in connection with multiple regulatory inquiries into potentially unauthorized accounts and other sales practices. (2018)

HUD investigations*

Simultaneously represented two FHA mortgagees in HUD investigations into compliance with program requirements. (2018)

Fair lending examination*

Represented a credit card bank in a supervisory examination into underwriting practices under the fair lending laws, resulting in a confidential supervisory resolution. (2017)

CID litigation*

Represented a non-bank financial services firm in successfully litigating against the CFPB in connection with a CID issued to the company. (2017)

CFPB enforcement investigation*

Represented a midsized financial institution in a CFPB investigation of debt collection practices. (2016)

Data security investigation*

Represented a FinTech company in a first-of-its-kind data security investigation. (2016)

Payment systems enforcement*

Represented a payment network in connection with UDAAP enforcement against unrelated debt collection companies. (2015)

CFPB enforcement investigation*

Represented a leading diversified financial services company in a CFPB investigation of student loan servicing practices. (2015)

OCC enforcement investigation*

Represented two large national banks in connection with OCC enforcement under the Servicemember’s Civil Relief Act. (2015)

Consumer Compliance

Debt collection advice*

Counseled a large financial institution on compliance with FDCPA and the FTC’s DeMayo letter in connection with a novel FinTech debt collection offering. (2018)

FCRA advice*

Advised a national communications company on regulatory issues arising from a proposed business arrangement. (2018)

FCRA advice*

Advised a global technology company on regulatory compliance issues that arose in its acquisition of a student loan technology company. (2017)

SCRA supervisory response

Assisted a large national bank in responding to OCC examination findings alleging unsafe and unsound banking practices and violations of law. (2017)

Regulatory diligence*

Advised a private equity firm in performing regulatory diligence on a potential investment in a FinTech company. (2016)

Fair lending compliance*

Systematically reviewed the fair lending compliance program of a large national bank, focused on the areas of non-English marketing and geographic variations. (2016)

Student lending examination support*

Advised a large diversified financial services company in responding to allegations by CFPB examination staff relating to prior consumer remediation effort. (2016)

Compliance risk management system review*

Conducted a review of a large captive auto finance company’s compliance risk management system and advised the company’s Chief Compliance Officer and other stakeholders on CFPB examination preparedness and strategies for improving compliance risk management, including in the area of vendor management. (2014)

FCRA policies and procedures review*

Reviewed credit data furnishing-related policies and procedures for a non-traditional consumer lending company. (2015)

Bank Regulatory

Merchant banking investment*

Advised a prominent financial institution on compliance with merchant banking restrictions for a FinTech investment. (2018)

4(c)(6) investment*

Advised a large financial institution on a non-controlling FinTech investment. (2018)

Fiduciary powers application*

Represented a foreign banking organization in applying for fiduciary powers for one of the FBO’s domestic branches. (2018)

Trust company reorganization*

Advised a prominent domestic trust company and asset management firm in obtaining OCC approval for office relocations and an affiliate merger transaction, including resolution of capital requirements, affiliate transaction concerns, and other issues. (2018)

Interstate banking*

Advised a state-chartered bank in connection with online and interstate business expansion plans. (2017)

Brokered deposits*

Advised a state-chartered bank on compliance with FDIC brokered deposits guidance relating to prepaid cards, online deposit solicitation, and other issues. (2016)
* Denotes experience completed at a prior firm

Additional Qualifications

  • Counsel, Financial Institutions Practice Group, WilmerHale, Washington, D.C., 2010-2018
  • Law Clerk, United States District Court, Middle District of Alabama, Montgomery, Ala., 2008-2010

Professional & Community Activities

  • Banking Editorial Advisory Board, Law360, 2015-2016

Professional Recognition

  • Selected as a "Washington D.C. Rising Star" in Banking, Super Lawyers, 2016-2017