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 represents depository and non-depository financial institutions, service providers to such institutions, educational institutions, and other clients in a variety of consumer financial regulatory matters, including in examinations, investigations, enforcement actions, and rulemakings brought by the Consumer Financial Protection Bureau (the CFPB). He also advises clients as to regulatory compliance as well as on the legal status, organizational structure, and operational authorities of the CFPB, the U.S. Department of the Treasury, and other governmental agencies.

Prior to joining Greenberg Traurig, Brett was Senior Counsel in the Legal Division of the CFPB. He worked there since its inception to help 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 United States Mint, the Financial Stability Oversight Council, and the Office of Financial Research.

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

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

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:

•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

Associated News & Events
Press Releases
Greenberg Traurig Expands Financial Regulatory and Compliance Practice, Adds Brett Kitt from the Consumer Financial Protection Bureau

Published Articles
What To Expect From CFPB's Consumer Complaint Process

CFPB Observer: Recent Developments from Dec. 15, 2014 - Jan. 2, 2015
CFPB Observer: Recent Developments from Dec. 8-12, 2014
CFPB Observer: Recent Developments from Dec. 1-5, 2014
CFPB Observer: Recent Developments from Nov. 17-28, 2014
CFPB Observer: Recent Developments from Nov. 10-14, 2014
CFPB Observer: Recent Developments from Nov. 3-7, 2014
CFPB Observer: Recent Developments from Oct. 6-31, 2014
CFPB Observer: Recent Developments from Sept. 29-Oct. 3, 2014
CFPB Observer: Recent Developments from Sept. 22-26, 2014
CFPB Observer: Recent Developments from Sept. 15-19, 2014

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 .

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CFPB Issues Proposed Rule to Regulate Prepaid Products
Peter L. Cockrell,Brett M. Kitt,Gil Rudolph,J. Scott Sheehan, January 19, 2015
On Nov. 13, the CFPB issued a proposed rule, which has been in development for over two years, that would impose new requirements on prepaid products. The CFPB issued an Advance Notice of Proposed Rulemaking on prepaid cards in May 2012 and also released a study of the prepaid market in conjunction...

CFPB Finalizes Amendments to Mortgage Rules
Peter L. Cockrell,Brett M. Kitt,Gil Rudolph,J. Scott Sheehan, November 28, 2014
On October 23rd, the CFPB issued a final rule amending three provisions of the CFPB’s 2013 mortgage rules.

CFPB Issues Fall 2014 Supervisory Highlights Report
Peter L. Cockrell,Brett M. Kitt,Gil Rudolph,J. Scott Sheehan, November 28, 2014
On October 30th, the CFPB issued its Supervisory Highlights Report. This is the fifth edition of the Report and generally covers CFPB supervisory activities between March and June 2014. The Report highlights problems in two specific markets: student loan servicing and mortgage servicing.

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Office Information

Brett M. Kitt

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


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