Andrea Mitchell, a Partner in the Washington, DC office of Buckley Sandler LLP, advises financial services clients throughout the country on a wide range of administrative enforcement and regulatory compliance matters. She focuses her practice on fair and responsible financial services, including matters that involve disparate impact and disparate treatment, unfair, deceptive, or abusive acts and practices (UDAAP), and other unfair, predatory, or anti-discrimination issues.
Ms. Mitchell has extensive experience in counseling banks, finance companies, and third-party service providers on regulatory compliance and risk management with respect to the Equal Credit Opportunity Act (ECOA), Fair Housing Act (FHA), Truth in Savings Act, Fair Credit Reporting Act (FCRA), Electronic Fund Transfer Act (ETFA), and UDAAP laws. Ms. Mitchell advises clients in preparation for and management of federal and state examinations, assists clients in the development and maintenance of fair and responsible lending programs, including statistical monitoring programs, and conducts risk assessments and compliance reviews. Her work in this area includes advising on pricing and underwriting, steering, redlining, product development, sales and marketing, credit reporting and servicing, collections, and loss mitigation activities. She frequently advises clients on board governance issues and conducts board and executive management training on a variety of regulatory and consumer protection issues.
Ms. Mitchell also conducts internal investigations and represents clients in government investigations and enforcement matters. She has experience in cases involving the Department of Justice (DOJ), Consumer Financial Protection Bureau (CFPB), Federal Reserve Board (FRB), Office of the Comptroller of the Currency (OCC), Federal Deposit Insurance Corporation (FDIC), Federal Trade Commission (FTC), Department of Housing and Urban Development (HUD), state attorneys general, and state civil rights commissions.
Noteworthy work includes:
- Represented two St. Louis community banks in DOJ settlements involving redlining claims
- Represented numerous banks in response to protests filed against branch acquisition applications before the FRB, in which redlining and access to credit claims were made
- Represented National City Bank, and its successor-in-interest, PNC, in a joint CFPB and DOJ settlement resolving allegations that National City’s discretionary pricing policies in its mortgage lending business disparately impacted minority borrowers; the settlement was $35 million, imposed no civil money penalties, and imposed no forward-looking injunctive relief
- Represented a super-regional retail bank in HUD and DOJ investigations of discriminatory underwriting practices against applicants who received disability income; the matter resolved with a DOJ consent order
- Represented a national retail bank in a CFPB investigation of discriminatory home equity loan underwriting practices; the matter resolved without further enforcement action against the bank
- Represented numerous banks in HUD investigations of individual complaints alleging discriminatory underwriting practices, including maternity leave claims
- Represented a super-regional retail bank in a CFPB investigation of unfair and deceptive mortgage servicing practices; the matter resolved without a further enforcement action against bank
- Represented a super-regional bank in a CFPB settlement alleging UDAAP and Regulation DD violations in connection with marketing practices related to a deposit product
- Obtained a settlement for a regional bank in an administrative proceeding brought by the CFPB alleging the use of deceptive information about credit card add-on products
- Represented multiple clients in appeals to supervisory determinations involving compliance and Community Reinvestment Act (CRA) ratings
Compliance Management System
- Represented a community bank in a consent order issued by a federal banking regulator directing the institution to enhance its compliance management system and fair lending compliance program
Chambers USA named Ms. Mitchell a Recognized Practitioner in the area of Financial Services Regulation: Consumer Finance (Compliance). She is a frequent speaker at conferences and seminars on fair lending, UDAAP, examination and enforcement hot topics, and CFPB matters, and was a contributor to the American Bankers Association’s Fair Lending Toolbox.
Prior to joining Buckley Sandler, Ms. Mitchell served as Counsel in the Legal Division at the FRB, where she worked on numerous consumer regulations, advised supervised entities on queries related to consumer protection statutes, and participated in several interagency task forces.
Before working at the Federal Reserve, Ms. Mitchell was a litigation Associate at Skadden, Arps, Slate, Meagher & Flom LLP, and served as a law clerk to the Honorable Mary Ellen Barbera in the Maryland Court of Special Appeals. She received her J.D. from American University, summa cum laude, in 2002 and her B.A. from the University of Wisconsin-Madison in 1993.
Buckley Sandler Webcast: How Compliance and Cross-Selling Co-Exist - Incentive Compensation, Sales Practices, and Compliance Management
With heightened scrutiny by financial regulators of sales practices and unauthorized account opening, banks are preparing for protracted and expansive internal and external assessments of their policies and practices in these areas. As the list of financial regulators scrutinizing these programs...Webcast
Andrew L. Sandler, Ben Olson, Andrea Mitchell, Michelle Rogers, and Kathleen Ryan spoke at the ABA's Regulatory Compliance Conference on Tuesday, June 14, 2016 in San Diego, CA. Their panel was titled, "Keep Your Eyes on the Horizon: Prepare Your Bank for the Next Wave of CFPB Rules and Enforcement...Speaking Engagement
American Bankers Association Fair Lending Workshop: Taking Your Fair Lending Program to the Next Level
Andrea Mitchell spoke at the American Bankers Association Fair Lending Workshop, "Taking Your Fair Lending Program to the Next Level," on Saturday, June, 11, 2016 in San Diego, CA. Click here to learn more about the event .Speaking Engagement
Buckley Sandler Fair Lending Today 2016 Conference: Supervisory and Enforcement Trends in Fair Lending and UDAAP
Matthew Previn moderated and Andrea Mitchell, Jonice Gray Tucker, and Kari Hall spoke on the “Supervisory and Enforcement Trends in Fair Lending and UDAAP” panel at Buckley Sandler’s eighth annual Fair Lending Today Conference on Monday, March 14, 2016 in Washington, DC...Speaking Engagement
Buckley Sandler Webcast: What's Ahead in Fair Lending: Understanding the Government's "Pattern or Practice" in Fair Lending Supervision and Enforcement for Mortgage Lenders
In the immediate aftermath of the financial crisis, fair lending supervision and enforcement centered primarily on pricing discrimination and steering rather than access to credit. The home finance market stabilized post-crisis, in part through simplification of mortgage products, lenders’ return...Webcast
Melissa Klimkiewicz, John Kromer, Andrea Mitchell, and Michelle Rogers spoke at the Buckley Sandler CFPB Today 2015 conference on Monday, October 26, 2015 in Washington, DC. Their panel was titled “Examination Themes, Trends, and Hot Topics.”Speaking Engagement
Andrea Mitchell, Matthew Previn, and Walter Zalenski spoke at the Buckley Sandler CFPB Today 2015 conference on Monday, October 26, 2015 in Washington, DC. Their panel was titled “Unsecured Lending and Deposits.”Speaking Engagement
Andrea Mitchell spoke at the ABA's Sixth Annual Institute on Consumer Financial Services Basics on Friday, October 9, 2015 in Arlington, VA. She moderated the "UDAAP" panel. Click here to learn more about this event .Speaking Engagement
American Bankers Association Regulatory Compliance Conference Power Breakfast: Enforcement Trends in Fair Lending and UDAAP - Are You Left Exposed?
Andrew L. Sandler, Andrea Mitchell, and Michelle Rogers spoke at the American Bankers Association Regulatory Compliance Conference Power Breakfast on Tuesday, June 16, 2015 in Washington, DC. Their presentation was titled, "Enforcement Trends in Fair Lending and UDAAP - Are You Left Exposed?" In...Speaking Engagement
National Business Institute Seminar: What the CFPB and FTC Need to Know - RESPA/TILA, FDCPA and More
Andrea Mitchell spoke at the National Business Institute's Seminar, "What the CFPB and FTC Need You to Know - RESPA/TILA, FDCPA and More," to be held May 14-15, 2015 in Fairfax, VA. Her panel was held May 15 and was titled "UDAAP Compliance." Click here to learn more about this event.Speaking Engagement
Buckley Sandler Fair Lending Today Conference: Supervisory and Enforcement Trends in Fair Lending and UDAAP
Valerie Hletko, Benjamin Klubes, Caitlin Kasmar, and Andrea Mitchell spoke at the firm’s 2015 Fair Lending Today Conference on Monday, March 16 in Washington, DC. Their panel was titled, “Supervisory and Enforcement Trends in Fair Lending and UDAAP.”...Speaking Engagement
Buckley Sandler presented the webcast "The CFPB's Expanding Oversight of Auto Finance - Part II," on Thursday, October 30, 2014. Speakers included Jonice Gray Tucker, Amanda Raines, Jeff Naimon, Jon Langlois and Andrea Mitchell. John Redding served as moderator. During its September 18th field...Webcast
Ben Olson and Andrea Mitchell spoke at the the American Bar Association's Fifth Annual National Institute on Consumer Financial Services Basics on October 7, 2014. Mr. Olson spoke on the Truth in Lending panel and Ms. Mitchell spoke on the UDAAP panel. Click here to learn more about this conference.Speaking Engagement
Buckley Sandler presented its inaugural CFPB Today conference on October 6, 2014 in Washington, DC. Andrea Mitchell, Jeffrey Naimon and Michelle Rogers spoke on the "Examination Themes, Trends & Hot Topics" panel, which was moderated by John Kromer.Speaking Engagement
Buckley Sandler sponsored of the American Bankers Association’s Regulatory Compliance Conference , which was be held June 8 – 11, 2014 in New Orleans, LA. The program featured Buckley Sandler attorneys, including Andrew L. Sandler , Valerie Hletko , and Andrea Mitchell ...Speaking Engagement
On March 17, Buckley Sandler hosted its annual Fair Lending Today conference. The full-day event covered fair lending and UDAP regulatory, enforcement, and litigation developments impacting mortgage originators and servicers, auto finance companies, credit card issuers, and consumer lenders. Jonice...Speaking Engagement
When the CFPB opened its doors in July 2011, most banks and financial services companies within the Bureau’s jurisdiction were focused on preparing for their first round of compliance examinations under the new regulatory regime. Two and a half years later, most covered entities have experienced...Webcast
Andrea Mitchell spoke at the Virginia Bankers Association Compliance Hot Topics seminar on Thursday, October 24, 2013 in Glen Allen, VA. Her panels included “UDAAP” and “Fair Lending.” Click here to learn more about this seminar ...Speaking Engagement
Andrea Mitchell and Ben Olson spoke at The Five Star Institute's Compliance Caucus in Dallas, TX on Tuesday, September 10, 2013. Ms. Mitchell's panel was tilted “Understanding UDAAP and Emerging Regulations in Compliance." Mr. Olson's panel was titled “Get to Know CFPB and What’s...Speaking Engagement
Buckley Sandler hosted a “Power Breakfast” session in connection with the American Bankers Association’s Regulatory Compliance Conference in Chicago, IL, which took place from June 9 - 12, 2013. During the June 12 Power Breakfast, Buckley Sandler partners Andrew L. Sandler,...Speaking Engagement
American Bankers Association's Fair Lending Workshop: Board Management/Risk Areas for Common Violations
Andrea Mitchell spoke at the American Bankers Association's Fair Lending Workshop, a pre-conference for the American Bankers Association's Regulatory Compliance Conference, on June 8, 2013 in Chicago. Ms. Mitchell's panel titled, "Board Management/Risk Areas for Common Violations," included:...Speaking Engagement
Buckley Sandler presented its 2013 Fair Lending Today Conference on April 8, 2013 in Washington, DC. Manley Williams and Andrea Mitchell spoke on the "Fair Lending, UDAAP, and Credit Cards" panel. Click here to learn more about Fair Lending Today.Speaking Engagement
Andrea Mitchell and Lori Sommerfield presented a session titled "Fair & Responsible Lending in the Regulatory Crosshairs" at the Minnesota Banking Law Institute, on April 5, 2013 in Minneapolis, MN. The U.S. Department of Justice, CFPB, HUD and the prudential regulators continue to make fair...Speaking Engagement
Andrea Mitchell spoke at the DC Bar CLE seminar, "Introduction to Bank Regulatory Law," on January 10, 2013. Official Description: This new spin-off series is designed to provide attendees with a practical introduction to additional, important basic aspects of bank regulatory law not covered in the...Speaking Engagement
Andrew L. Sandler spoke at the American Bankers Association's Regulatory Compliance Conference in Orlando, Florida on Monday, June 11, 2012. Mr. Sandler's session was titled: "Hot Topics in Fair Lending." Click here to view the agenda for this conference.Speaking Engagement
Andrew L. Sandler and Andrea K. Mitchell Quoted in Banking Exchange Article, "Fair Lending’s Next Act"
Andrew L. Sandler and Andrea K. Mitchell were quoted on February 6, 2017 in a Banking Exchange article regarding the new Trump administration and the effect on fair lending and bank compliance. The article stated, “…while some of what was seen during the Obama administration will likely change as...In The News
Buckley Sandler LLP hosted its eighth annual Fair Lending Today conference in Washington, DC on March 13-14, 2016. The two-day event featured an evening of interactive roundtable discussions on fair lending issues, followed by a full day of seminars. The sessions were led by Buckley Sandler...In The News
Andrea Mitchell was quoted in Evan Weinberger's Law360 article,"CFPB Turns to Bully Pulpit to Expand Bank Access," on Thursday, February 4, 2016. The Consumer Financial Protection Bureau’s Wednesday letter to the 25 largest retail banks, which urged them to offer low-risk deposit accounts...In The News
Andrea Mitchell Quoted in SNL Financial Article, "As Regulators Take on UDAAP Violations, Focus Turns to Deposit Products"
Andrea Mitchell was quoted in Kate Garber's SNL Financial article, "Andrea Mitchell Quoted in SNL Financial Article, "As Regulators Take on UDAAP Violations, Focus Turns to Deposit Products," on Thursday, December 31, 2025. "When the CFPB was created, it became a very aggressive enforcer of the...In The News
Buckley Sandler LLP hosted its second annual CFPB Today conference in Washington, DC October 25-26, 2015. The two-day event featured an evening of interactive roundtable discussions on CFPB trends, followed by a full day of seminars and breakout sessions. The roundtables and seminars were led by...Press Releases
Andrea Mitchell was quoted in Ian McKendry's American Banker article, "Citizens Fine Could Spell Trouble for Other Banks," on August 12, 2015. Regulators on Wednesday charged Citizens' two subsidiaries with $34.5 million in fines and restitution, alleging that they engaged in "unfair and deceptive...In The News
Andrew L. Sandler and Andrea Mitchell Quoted in American Lawyer Article, "Eight Law Firms Where Women Thrive"
Andrew L. Sandler and Andrea Mitchell were quoted in Julie Triedman's The American Lawyer article, "Eight Firms Where Women Thrive," on May 28, 2015. Over the last three years, notes chair and name partner Andrew L. Sandler, 56 percent of partner promotions and 50 percent of counsel promotions have...In The News
Buckley Sandler LLP hosted its annual Fair Lending Today conference in Washington, DC, March 15-16, 2015. The two-day event featured an evening of interactive roundtable discussions on fair lending issues, followed by a full day of seminars. The roundtables and seminars were led by Buckley Sandler...Press Releases
Andrea Mitchell Quoted in Inside Mortgage Finance Article, "Sidestep Common Pitfalls to Avoid UDAAP Enforcement Actions"
Andrea Mitchell was quoted in the Inside Mortgage Finance article, "Sidestep Common Pitfalls to Avoid UDAPP Enforcement Actions," on November 10, 2014. Andrea Mitchell, a partner with the Buckley Sandler law firm, told attendees at an Inside Mortgage Finance webinar last week that there are a...In The News
Buckley Sandler LLP hosted its inaugural CFPB Today conference in Washington, DC October 5-6, 2014. The two-day event featured an evening of interactive roundtable discussions on CFPB trends, followed by a full day of seminars. The roundtables and seminars were led by approximately 30 Buckley...In The News
Buckley Sandler Partners Quoted in Law360 Article, "The Question You Should Ask Every Prospective Client"
Andrew L. Sandler, Jonice Gray Tucker, and Andrea Mitchell were quoted in Law360's article, "The Question You Should Be Asking Every Prospective Client," on October 3, 2014. “I am a more effective client legal adviser since becoming a client in my role leading two rapidly growing businesses,...In The News
Andrea Mitchell Quoted in Compliance Week Article, "Justice Department Issues Warning, Guidance on Bank Compliance Failures"
Partner Andrea Mitchell was quoted in Jaclyn Jaeger's December 3, 2013 article, "Justice Department Issues Warning, Guidance on Bank Compliance Failures," in Compliance Week. Andrea Mitchell, a partner with law firm Buckley Sandler, says that most large banks already are sufficient at conducting...In The News
Andrea Mitchell was quoted in Tory Barringer's September 2013 article, "Tech Tylenol for Legislative Compliance Woes," in The M Report. “The downside is those programs are only as good as the people who develop them and the people who monitor them,” said Andrea Mitchell, a partner at...In The News
As a result of last Tuesday’s election, Republicans will control the White House and both houses of Congress in 2017. It is likely there ultimately will be some significant changes affecting financial services regulation and enforcement, but they will take time to implement. The President-elect has...Articles
David Baris, Andrea Mitchell, and Lori Sommerfield co-authored the Practical Handbook on Fair Lending for Bank Directors and Executive Officers , published by the American Association of Bank Directors. Although the concept of fair lending has existed since the late 1960s, in recent years the...Articles
Limited access to mortgage credit for credit-impaired and low- and moderate-income (and, therefore, disproportionately minority) borrowers has become a significant public policy challenge in the post-financial crisis era. There are many reasons for this problem. Among them are mortgage lender...Articles
The fifth edition of the Practising Law Institute’s Consumer Financial Services Answer Book was published this month, with 29 Buckley Sandler attorneys contributing to this leading desk reference. The 2016 edition of the Consumer Financial Services Answer Book continues to provide practitioners...Articles
Special Alert Update: OCC Revises Guidance Regarding Consumer Protection Requirements to Overdraft Lines and Protection Services
On March 6, 2015, the OCC issued its revised “Deposit-Related Credit” booklet (“DRC booklet”) of the Comptroller’s Handbook, which replaced the “Deposit-Related Consumer Credit” booklet issued on February 11, 2015 (previously covered in this Special Alert ). While the new booklet covers the same...Articles
Special Alert: OCC Guidance Applies Consumer Protection Requirements to Overdraft Lines and Protection Services
UPDATE: On February 20, the OCC announced that it would be removing the “Deposited-Related Consumer Credit” booklet, originally issued on February 11, from its website. The OCC’s February 11 booklet seemingly required banks to change overdraft protection services, however the agency has since...Articles
On January 27, the CFPB issued Compliance Bulletin 2015-01 to remind supervised financial institutions of their obligations concerning the disclosure of confidential supervisory information (CSI) to the CFPB and to third parties. Specifically, the Bulletin addresses the interaction between a...Articles
Buckley Sandler lawyers played a prominent role in the publication of this leading desk reference on consumer financial services, published by the Practising Law Institute. The 2015 edition of this publication continues to provide practitioners with a core understanding of the laws governing...Articles
Special Alert: Federal Reserve Board Guidance on Managing Outsourcing Risks Mirrors Recent OCC Guidance
On December 5, 2013, the Federal Reserve Board (FRB or the Fed) issued Supervision and Regulation Letter 13-19 , which details and attaches the Fed’s Guidance on Managing Outsourcing Risk (FRB Guidance). The FRB Guidance sets forth risks arising out of the use of service providers and the...Articles
On October 30, the OCC issued Bulletin 2013-29 to update guidance relating to third-party risk management. The Bulletin, which rescinds OCC Bulletin 2001-47 and OCC Advisory Letter 2000-9, requires banks and federal savings associations (collectively “banks”) to provide comprehensive oversight of...Articles
On October 22, the CFPB, the OCC, the FDIC, the Federal Reserve Board, and the NCUA (collectively, the Agencies) issued a joint statement (Interagency Statement) in response to inquiries from creditors concerning their liability under the disparate impact doctrine of the Equal Credit Opportunity...Articles
CFPB compliance examinations tend to be more adversarial and yield more severe consequences for supervised entities than the banking industry has experienced with the prudential banking regulators. The authors describe what to expect and suggest practical steps - before, during, and after the...Articles
Andrea Mitchell and Lori Sommerfield prepared a report for the American Association of Bank Directors that will help bank directors determine the red flags for fair lending risks. "Anyone who has been following enforcement activity in consumer financial services knows that fair lending is a key...Articles
Awards & Recognitions
- Chambers USA 2017: Recognized Practitioner, Financial Services Regulation: Consumer Finance (Compliance)
- Legal 500 2015: Recognized in the Finance - Financial Services: Regulatory practice area
- Auto Finance
- Bank Counseling & Compliance
- Congressional Investigations
- Consumer Finance
- Consumer Financial Protection Bureau
- Credit, Debit & Prepaid Cards
- Enforcement Actions & Investigations
- Fair Lending
- Financial Institutions Regulation, Supervision & Technology
- Retail Banking
- State Attorneys General
- Unfair, Deceptive, and Abusive Acts and Practices
- J.D., American University, 2002 (summa cum laude)
- B.A., University of Wisconsin-Madison, 1993
- District of Columbia
- U.S. District Court, District of Columbia
Counsel in the Legal Division at the Federal Reserve Board