Michelle L. Rogers

Michelle L. Rogers represents institutions in a wide range of litigation matters, including government enforcement actions, class action litigation, regulatory examinations, and internal investigations.

A Partner in the Washington, D.C., office of Buckley LLP, Ms. Rogers has represented clients in matters involving the Department of Justice (DOJ); the Consumer Financial Protection Bureau (CFPB); federal and state bank regulators; the Department of Housing and Urban Development (HUD); the Department of Veteran Affairs (VA); the Federal Housing Finance Agency (FHFA); the Government National Mortgage Association (Ginnie Mae); the Small Business Administration (SBA); and state attorneys general, and in cases involving the False Claims Act (FCA); Program Fraud Civil Remedies Act (PFCRA); Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA); Truth in Lending Act (TILA); Fair Housing Act (FHAct); Equal Credit Opportunity Act (ECOA); Civil Rights Act; Community Reinvestment Act (CRA); and unfair, deceptive, or abusive acts or practices (UDAP and UDAAP) statutes under the Dodd-Frank Wall Street Reform and Consumer Protection Act, Section 5 of the Federal Trade Commission (FTC) Act, and various state laws. She also has extensive experience managing complex discovery and production issues, including using advanced analytics.

Her recent work includes:

• Ongoing FCA and FIRREA investigations by the DOJ, various U.S. attorneys’ offices, HUD, VA, and the FHFA concerning compliance with the Fair Housing Administration (FHA) Direct Endorsement Lender program guidelines, VA loan requirements, and Fannie Mae and Freddie Mac origination and servicing guidelines
   
• CFPB examinations and pre-enforcement and enforcement matters, including managing self-disclosures and responding to Proposed Action and Request for Response (PARR) and Notice and Opportunity to Respond and Advise (NORA) letters
   
• Multi-agency and multistate investigation and examination matters, including with various state regulators and state attorneys general, and other federal agencies, including the FTC and the Federal Communications Commission (FCC)
   
• Assisting clients with PFCRA cases, proposed notices of termination, proposed administrative actions and sanctions, and audit responses concerning FHA, VA, and Fannie Mae and Freddie Mac loans, as well as Ginnie Mae securitizations, including before the Office of the Inspector General, Office of General Counsel, HUD’s Mortgagee Review Board and Quality Assurance Division, and the FHFA
   
• Confidential bank regulator enforcement matters, including referrals to the DOJ for alleged fair lending violations, and challenges to and appeals of supervisory ratings assigned by bank regulators
   
• Advising both established clients and startups on the application of federal rules governing electronic payments, state and federal money transmitter laws, compliance with Bank Secrecy Act/anti-money laundering (BSA/AML) laws and regulations, and the structuring and negotiation of critical third-party relationships
   
• Counseling providers of electronic prepaid and stored value products at the beginning stages of program development and throughout the full product life cycle, advising along the way on marketing and consumer protection strategies, state licensing, federal registration, required disclosures, privacy issues, strategic partnerships, and many other areas

Although much of Ms. Rogers’ work is nonpublic, some of her more recent public matters include:

• Representations of three major banks — BB&T, Regions Bank, and IberiaBank — in successful resolutions of multi-year FCA investigations concerning FHA lending, reaching agreements with the DOJ and HUD that included no admission of liability, no administrative sanction, no prospective relief, and of the three matters, two settlement payments that remain the lowest amount paid by any bank to date for comprehensive conduct
   
• Representation of Verizon Wireless in a settlement with the CFPB, FCC, and 51 attorneys general alleging that Verizon Wireless permitted third parties to place unauthorized charges on consumers’ wireless phone bills

An acknowledged authority in her field, Ms. Rogers is a Fellow of the American College of Consumer Financial Services Lawyers, and is a member of the editorial board of the Consumer Financial Services Law Report. She has been recognized by Chambers USA for Nationwide Financial Service Regulation: Banking (Enforcement & Investigations), Legal 500 for Financial Services: Litigation, Financial Services: Regulation, and Fintech, Super Lawyers for Banking, and Best Lawyers for Litigation - Banking and Finance (2019). She is a member of Buckley’s partner Board. Prior to joining the firm as a founding member in 2009, she was an Associate at Skadden, Arps, Slate, Meagher and Flom, LLP. Ms. Rogers received a J.D. from the American University, Washington College of Law (summa cum laude), and a B.A. from Franklin and Marshall College (magna cum laude, Phi Beta Kappa).