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)

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, Second Circuit
• U.S. Court of Appeals, Third Circuit
• U.S. District Court, District of Colorado
• U.S. District Court, Middle District of Georgia
• U.S. District Court, Northern District of Georgia
• U.S. District Court, Eastern District of Louisiana
• U.S. District Court, Middle District of Louisiana
• U.S. District Court, Eastern District of New York
• U.S. District Court, Northern District of New York
• U.S. District Court, Southern District of New York
• U.S. District Court, Western District of New York