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Biography

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:

Redlining

  • Represented more than a dozen retail banks, private banks, and non-bank mortgage lenders in redlining investigations by prudential banking regulators, HUD, and DOJ
     
  • 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
     
  • Assist mortgage lenders develop redlining monitoring programs, minority market penetration and community outreach strategies, and Special Purpose Credit Programs
     
  • Advise mortgage lenders on responding to pre-enforcement letters asserting redlining claims, Matters Requiring Attention, and other supervisory directives pertaining to redlining

Pricing

  • 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

Underwriting

  • 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

Servicing

  • 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

UDAAP

  • 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

Supervisory Appeals

  • 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), Legal 500 recognized her for Financial Services: Regulation, and Best Lawyers recognized her for Banking and Finance Law (2018). 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.

Webcasts & Speaking Engagements

In The News

Articles & Special Alerts

Awards and Recognitions

Awards & Recognitions

  • Best Lawyers 2018: Banking and Finance Law
  • Legal 500 2017: Recognized in the Finance - Financial Services: Regulatory practice area
  • Chambers USA 2017: Recognized Practitioner, Financial Services Regulation: Consumer Finance (Compliance)
  • Legal 500 2015: Recognized in the Finance - Financial Services: Regulatory practice area