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Desktop Image: Brandiss, Chava
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Chava Brandriss

Partner

T 202.973.4258 Washington, D.C.

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Events

05.29.25 - 05.30.25
2025 Spring Consumer Financial Services Conference

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 polices that perpetuate residential segregation in the New York suburbs, an important victory for fair and affordable housing with nationwide impact.

Consumer Financial Services and Other Complex Litigation and Appeals

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

Defending 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 West Virginia's highest court.

"Digital redlining" lawsuit

Defended online real estate brokerage in lawsuit brought by collation of national and local fair housing organizations alleging "digital redlining" and discrimination in connection with its nationwide brokerage services, and assist in compliance with settlement agreement requirements.

Foreclosure statute of limitations litigation

Representing national bank mortgage servicer in connection with claims seeking to eliminate mortgage debt based on the running of the statute of limitations.
*Denotes an attorney's experience prior to joining Davis Wright Tremaine
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Appeals

Foreclosure and other mortgage-related appeals

Representing 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 waive-able under New York law, must be alleged to be preserved in an answer.

Right of public performance in connection with online and mobile device streaming, and associated blanket license fees*

Represented music performing rights organization in several appeals involving copyrights in downloads and blanket license fees for music streamed online and to mobile devices.

Securities fraud*

Representing executive of major reinsurance company convicted of securities fraud, on appeal to the 2nd Circuit.
*Denotes an attorney's experience prior to joining Davis Wright Tremaine
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Supervision, Investigations, and Enforcement

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.

Loan originator compensation

Advising bank executive in connection with internal and FDIC investigation into allegations of violations of the Loan Originator Compensation Rule.
*Denotes an attorney's experience prior to joining Davis Wright Tremaine
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Regulatory and Product Counseling

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.

Mortgage marketing compliance

Advising online publisher of mortgage rate aggregator information regarding compliance with TILA and Regulation Z advertising requirements, as well as compliance with RESPA Section 8 in connection with underlying marketing agreements.

RESPA advice - joint marketing

Advising mortgage SaaS provider regarding RESPA, in connection with marketing of settlement services and other joint marketing ventures.
*Denotes an attorney's experience prior to joining Davis Wright Tremaine
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Pro Bono

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, 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

Providing legal advice and analysis 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.

Preparation for asylum interviews

Working with Afghan refugees to prepare for asylum interviews with U.S. Citizenship and Immigration Services.

Election protection

Helped lead firmwide voting rights efforts in connection with 2020 presidential election.
*Denotes an attorney's experience prior to joining Davis Wright Tremaine
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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. 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, with honors
  • B.A., Barnard College, 2003, magna cum laude

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
    • 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, NY, 2008-2020
    • Alexander Fellow, Hon. Shira A. Scheindlin, U.S. District Court for the Southern District of New York, New York, N.Y., 2007
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