Brett M. Kitt

Of Counsel
Washington,  DC  U.S.A.

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Experience & Credentials

Practice Areas

  • Financial Regulatory and Compliance Group
  • Financial Services Litigation
  • Financial Institutions
  • Consumer Finance and Consumer Financial Protection Bureau (CFPB) Regulation
  • Emerging Technology
  • Federal Regulatory and Administrative Law
Contact InfoTelephone: 202.533.2359
Fax: 202.331.3101
University Tufts University, B.A., International Relations, cum laude, 1998; Certificate, Chinese, Mandarin, Capital Normal University School of Foreign Languages
Law SchoolGeorgetown University Law Center, J.D., 2003 Member, Law & Policy in International Business, Board Member, International Law Society
Admitted2004, New York; 2005, District of Columbia; U.S. Court of Appeals for the Federal Circuit
LanguagesChinese (Mandarin), Conversational; Spanish, Conversational
BornNew York, August 24, 1977

Brett M. Kitt practices consumer finance law and regulation. He specializes in representing and advising clients in matters involving the Consumer Financial Protection Bureau (the CFPB), the Federal Trade Commission, and federal depository institution regulators.

Brett's clients include depository financial institutions, non-depository financial institutions, and service providers in a variety of industries, including retail banking, mortgage lending and servicing, small-dollar lending, education finance, and debt collection and debt buying.

Prior to joining Greenberg Traurig, Brett was Senior Counsel in the Legal Division of the CFPB. He worked there since its inception with senior staff to establish its various offices and programs and to draft its policies and regulations. He also represented the CFPB in litigation and Congressional oversight matters. While at the CFPB, Brett was a leader in the development of its regulations, policies, systems and agreements regarding the privacy of consumer information and the confidential treatment and interagency sharing of the CFPB's supervisory, law enforcement, and market research data.

Before he worked at the CFPB, Brett was counsel at the U.S. Department of the Treasury. There, he defended the Department in litigation and Congressional oversight matters stemming from the financial crisis. He also advised on matters related to the legal status, organizational structure and operational authorities of the Department and related entities, including the U.S. Mint, the Financial Stability Oversight Council, and the Office of Financial Research.

Brett is a frequent speaker and author on topics relating to the CFPB and to consumer financial regulation.

Prior to joining the Federal Government, Brett was an associate at a New York-based law firm.

Areas of Concentration

•CFPB supervisory examinations
•Civil investigative demands
•Defense in CFPB enforcement actions
•Review and enhancement of compliance management systems
•Audits of consumer financial compliance
•Participation in CFPB rulemakings
•Interpretation and application of Title X of the Dodd-Frank Act and the federal consumer financial laws
•Advising on scope of prohibition against engaging in unfair, deceptive, and abusive acts and practices
•Understanding the legal status, organizational structure, and operational authorities of the CFPB, the Federal Trade Commission, the U.S. Department of the Treasury, and other governmental agencies

Associated News & Events

Press Releases

07.23.15 Greenberg Traurig Launches Financial Services Law Blog
01.20.15 Greenberg Traurig Team Focuses on Federal Regulatory and Administrative Law
09.24.13 Greenberg Traurig Expands Financial Regulatory and Compliance Practice, Adds Brett Kitt from the Consumer Financial Protection Bureau

Published Articles

11.21.13 What To Expect From CFPB's Consumer Complaint Process


10.21.15 CFPB Observer: Recent Developments from Oct. 1-16, 2015
07.31.15 CFPB Observer: Recent Developments from July 13-31, 2015
07.16.15 CFPB Observer: Recent Developments from July 7-10, 2015
07.10.15 CFPB Observer: Recent Developments from June 2015
05.19.15 CFPB Observer: Recent Developments from May 11-15, 2015
05.11.15 CFPB Observer: Recent Developments from May 4-8, 2015
05.06.15 CFPB Observer: Recent Developments from April 27 - May 1, 2015
04.29.15 CFPB Observer: Recent Developments from April 20-24, 2015
04.20.15 CFPB Observer: Recent Developments from April 13-17, 2015
04.14.15 CFPB Observer: Recent Developments from April 2-10, 2015

Articles, Publications, & Lectures

Brett is a frequent author and speaker and is quoted on a variety of topics pertaining to financial regulation and compliance, including the following:
•Speaker, UDAAP Rulemaking and the Limits of the CFPB's Authority, Conference of Consumer Finance Lawyers Annual Conference, November 19, 2015
•Speaker, The CFPB: Know It Before You Owe It, Consumer Bankers Association Meeting, October 6, 2015
•Speaker, CFPB Consumer Complaint Database, American Bar Association Consumer Financial Services Committee Meeting, September 2015
•Author, Service Providers Under the Spotlight: Is Anything Out of Bounds for the CFPB, American Bar Association Consumer Financial Services Committee Newsletter, September 2015
•Author, The CFPB's Office of Enforcement: The Cop on the Beat that is More Dirty Harry than Barney Fife, Banking and Financial Services Policy Report, May 2015
•Speaker, Regulatory Recap, OLA Spring Summit, Washington, D.C., April 29, 2015
•Speaker, What Are Regulators Planning for Home Equity Lenders? CBA Live, Orlando, FL, March 25, 2015
•Quoted, CFPB to Post Complaint Narratives despite Industry Worries, Law360, March 19, 2015
•Quoted, CFPB Proposes New Rules for Prepaid Cards, Mobile Payments, Compliance Week, November 25, 2014
•Quoted, CFPB Auto Loan Rule Revs Up Scrutiny On Nonbanks, Law360, September 18, 2014
•Quoted, New York Payday Lender Crackdown May Be Tough Act To Follow, Law360, August 13, 2014
•Author, Opinion: The CFPB Should Not Weaponize Consumer Complaints, Law360, July 23, 2014
•Speaker, OLA Compliance University, July 2014
•Quoted, Narratives Could Lend Heft to CFPB Complaint Database, Law360, July 17, 2014
•Author, No More Excuses: Providers of Consumer Financial Products and Services Can No Longer Afford to Ignore Compliance Management, Association of Corporate Counsel (ACC) QuickCounsel, June 2014
•Co-author, CFPB Shines a Spotlight on Education Lending Practices, Law360, March 12, 2014
•Panelist, Education Finance Council Annual Membership Conference, March 2014
•Panelist, Consumer Financial Services Association Annual Conference, February 2014
•Quoted, Could the CFPB Hamstring Bank Arbitration Clause Powers? Bank Safety & Soundness Advisor, January 20, 2014
•Author, What to Expect from the CFPB's Consumer Complaint Process, Law360, November 21, 2013
•Speaker, Payday Loan Bar Association Annual Meeting, November 2013
•Speaker, Online Lenders Alliance Annual Meeting, October 2013

While at the CFPB, Brett also lectured frequently at both external and internal events, including speeches to the EDGE eDiscovery Summit and the Privacy Coalition. Prior to working at the CFPB, he published legal articles on topics unrelated to financial regulation, including the following:
•Co-Author, Does Asian Satellite Regulation Need Reform? ITU Telecom Asia, 2004
•Author, Downsizing Korea? The Difficult Demise of the Lifetime Employment and the Prospects for Further Reform, 34 Law & Policy in International Business 537, Winter 2003

Legal Experience

•Senior Counsel, Consumer Financial Protection Bureau, 2011-2013
•Counsel, U.S. Department of the Treasury, Office of the General Counsel, 2009-2011
•Associate, Paul, Weiss, Rifkind, Wharton & Garrison LLP, 2003-2009

Reported CasesSignificant Representations; Represented the board of directors of Fannie Mae in a two-year internal investigation into allegations that Fannie Mae manipulated its earnings and accounted improperly for the value of its mortgage-backed securities and derivative instruments. Interviewed board members and executives and drafted a key section of the 700-page investigative report that resulted in $6.4 billion earnings restatement and a hearing before the House Financial Services Committee. Investigated allegations that Latin American subsidiaries of a U.S. electronics manufacturer bribed foreign officials to obtain foreign government contracts and to influence the outcome of administrative proceedings. Created an investigative plan, worked with forensic investigators to search corporate computers, oversaw document review, interviewed witnesses and presented findings to the client. Defended MasterCard against a multibillion-dollar price fixing and monopolization claims brought by merchant and consumer classes in numerous federal and state courts. Advised clients about litigation strategies, deposed witnesses, drafted briefs and motions, supervised review of more than seven million pages of documents and worked with antitrust economics experts. Counseled Time Warner Cable in rulemaking proceedings before the Federal Communications Commission (FCC), including proceedings to determine the proper regulatory framework for cable television providers that also provide telephone and Internet services to customers. Represented SES Americom in its request that the FCC impose conditions upon rival satellite companies' proposed merger. Advised Korean client on $4.9 billion purchase of the Bobcat vehicle business from Ingersoll-Rand. Conducted due diligence of asbestos litigation liabilities and negotiated liability assumption agreements. Represented D.C. Appleseed in its efforts to lobby Mayor Adrian Fenty and the Washington, D.C. Board of Education to adopt an enhanced curriculum for HIV/AIDS education in the Washington, D.C. public schools. Investigated international law of genocide on behalf of the Council on Foreign Relations as part of a study of the proper legal classification of the Turkish massacre of Armenians during World War I. Drafted a motion to dismiss Korea's first-ever products liability class action lawsuit. The above representations were handled by Mr. Kitt prior to his joining Greenberg Traurig, LLP .

Documents by this lawyer on

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CFPB Considering Proposal to Ban Certain Arbitration Clauses
Peter L. Cockrell,Brett M. Kitt,Gil Rudolph,J. Scott Sheehan, October 27, 2015
On Oct. 7, the CFPB announced a proposed outline of a rule that would ban financial institutions from including in their contracts mandatory arbitration clauses that ban consumers from pursuing class action lawsuits and require institutions to report individual arbitration outcomes to the CFPB.

CFPB Enforcement Action Against Indirect Auto Finance Company
Peter L. Cockrell,Brett M. Kitt,Gil Rudolph,J. Scott Sheehan, October 27, 2015
On Oct. 1, the CFPB announced an enforcement action against an indirect auto finance company and its auto title lending subsidiary for alleged violations of the Fair Debt Collection Practices Act (FDCPA), the Truth in Lending Act (TILA), and the Consumer Financial Protection Act (CFPA).

CFPB Issues Final Rule Amending HMDA Reporting Requirements
Peter L. Cockrell,Brett M. Kitt,Gil Rudolph,J. Scott Sheehan, October 27, 2015
On Oct. 15, the CPFB issued a final rule amending the reporting requirements of the Home Mortgage Disclosure Act (HMDA). HMDA requires mortgage lenders to report certain information about the loans for which they receive applications or that they originate or purchase. Regulators and the public may...

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Office Information

Brett M. Kitt

2101 L St., N.W., Suite 1000
WashingtonDC 20037


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