Kirsten H. Smith

Kirsten primarily practices in the firm's appellate, consumer defense, and licensing and regulatory compliance practice areas. In addition handling lawsuits in federal courts throughout the country, she has worked on numerous acquisitions and transactions, ensuring clients obtain the necessary licenses and regulatory approvals to continue to operate through corporate ownership changes. Kirsten also assists clients in creating and implementing strategic, cost-effective, and compliant licensing plans.

Notable Cases/Work

Kolbasyuk v. Capital Mgmt. Servs., LP, 918 F.3d 236 (2d Cir. 2019) (obtained landmark decision from Second Circuit in FDCPA letter case confirming debt collectors do not need to itemize interest and fees unless sending payoff statements).
Solis v. Commonwealth Fin. Sys., Inc., No. 18-CV-6130, 2020 WL 2523047 (E.D. N.Y. May 15, 2020) (obtained dismissal of FDCPA class action letter case; court ruled that time-barred debt disclosures are not required on letters that neither offer to settle the debt nor suggest legal action).
Nat’l Collegiate Student Loan Trust 2005-2 v. Wrye, No. 2016SCV0386 (Lowndes Cnty. State Ct., Ga., Mar. 19, 2019), permissive appeal denied, No. A19D0439 (Ga. Ct. App. May 20, 2019), reconsideration denied (Ga. Ct. App. June 27, 2019), writs denied, No. S19C1508 (Ga. Jan. 13, 2020) (defeated judgment debtor's motion to vacate judgment, request for discretionary appeal to Georgia Court of Appeals, and Petition for Certiorari to the Georgia Supreme Court).
Nat'l Collegiate Student Loan Trust 2007-4 v. Gethi, No. 18-SC-0493 (Cherokee Cnty. State Ct., Ga., Dec. 10, 2019) (defeated borrower's motion to dismiss based on creditor's purported lack of capacity to act in its own name).
Harris v. Credit One Bank, N.A., No. 17-cv-03144 (N.D. Ga. Oct. 4, 2019) (defeated consumer's motion to vacate arbitration award after defeating consumer's TCPA claim in arbitration).
Ward v. Gold Key Credit, Inc., No. 18-CV-2834, 2019 WL 3605781 (E.D. N.Y. Aug. 6, 2019) (obtained dismissal of FDCPA letter case where consumer alleged overshadowing claims based on language and form of letter).
Urquhart v. Credit Bureau of Napa Cty., Inc., No. 18-CV-00371, 2019 WL 2298697 (M.D. Ga. May 30, 2019) (obtained dismissal of FDCPA letter case where consumer alleged statement inviting consumer to call debt collector overshadowed validation notice).
Swain v. Credit One Bank, N.A., No. 17-CV-00751 (N.D. Ga. June 4, 2019) (defeated TCPA email-to-text message claims on summary judgment).
Burke v. Transworld Systems Inc., No. 16-CV-06415 (E.D. N.Y. Oct. 25 2017) (obtained dismissal of FDCPA class action lawsuit based on consumer's lack of standing due to consumer's failure to adequately disclose claims in bankruptcy).
Hays v. Jefferson Capital Sys., LLC, No. 15-CV-14025, 2017 WL 449590 (D. Mass. Feb. 2, 2017) (defeated CAFA motion to remand and obtained order compelling arbitration in class action lawsuit alleging debt buyer violated Massachusetts law by failing to obtain a debt collector license).
Romeo v. FMA All., Ltd., No. 15-CV-6524, 2016 WL 3647868 (E.D. N.Y. June 30, 2016) (obtained dismissal of consumers’ claims based on lack of standing due to consumers’ failure to adequately schedule claims in bankruptcy)

Publications and Lectures

Should Vessel Managers be Considered “Carriers” Under COGSA? 32 Tul. Mar. L.J. 645 (2008)

Honors and Distinctions

Certificate in Admiralty and Maritime Law
Managing Editor, Tulane Maritime Law Journal
Competitor (2008) and Team Coach (2009), Judge John R. Brown National Admiralty Moot Court Competition
Member of the Tulane Domestic Violence Law Clinic (2008-2009)

Contact Information

Metairie Office
3850 North Causeway Boulevard
Suite 200
Metairie, Louisiana 70002

Direct: (504) 846-7943
Cell: (504) 908-9888
Office: (504) 828-3700
Fax: (504) 828-3737

Email: ksmith@sessions.legal

Areas of Law

Education

JD, magna cum laude, Tulane University Law School
B.A., University of Mississippi

Admissions

Georgia State Bar
Louisiana State Bar
New York State Bar
U.S. Court of Appeals, 2^nd Circuit
U.S. Court of Appeals, 3^rd Circuit
U.S. District Court, District of Colorado
U.S. District Court, Eastern District, Louisiana
U.S. District Court, Eastern District, New York
U.S. District Court, Middle District, Georgia
U.S. District Court, Middle District, Louisiana
U.S. District Court, Northern District, Georgia
U.S. District Court, Northern District, New York
U.S. District Court, Southern District, New York
U.S. District Court, Western District, New York

FOUNDED IN NEW ORLEANS, WE NOW SERVICE CLIENTS THROUGHOUT THE NATION

California

► San Diego

1550 Hotel Circle North
Suite 260
San Diego, California 92108

T: (619) 758-1891
F: (877) 334-0661
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Colorado

► Montrose

65010 Solar Road
Montrose, Colorado 81403

T: (970) 218-9086
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Florida

► Tampa

3350 Buschwood Park Dr.
Suite 195
Tampa, Florida 33618

T: (813) 890-2460
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Georgia

► Atlanta

56 Perimeter Center East
Suite 150 PMB 1070
Atlanta, Georgia 30346

T: (678) 539-6030
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Illinois

► Chicago

145 South Wells Street
Suite 1800
Chicago, Illinois 60606

T: (312) 578-0990
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Louisiana

► Metairie

3850 North Causeway Boulevard
Suite 200
Metairie, Louisiana 70002

T: (504) 828-3700
F: (504) 828-3737
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New Jersey

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3 Cross Creek Drive
Flemington, New Jersey 08822

T: (908) 237-1660
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New York

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180 Riverside Blvd
#302
New York, New York 10069

T: (716) 636-5178
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Pennsylvania

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5 Canton Circle
Newtown, Pennsylvania 18940

T: (215) 398-1653
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Texas

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900 Jackson Street
Suite 440
Dallas, Texas 75202

T: (214) 741-3001
F: (214) 741-3098
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