Tierney Smith

Tierney Smith is a partner in Goodwin's Complex Litigation & Dispute Resolution, Financial Industry Litigation and Consumer Financial Services Litigation practices.

Tierney focuses her practice on civil litigation and government enforcement matters, with particular emphasis on the banking and consumer financial services industries. Tierney frequently provides compliance advice and litigation risk analysis to industry clients, particularly related to consumer protection laws, including federal consumer finance statutes such as RESPA, FCRA, and UDAAP.

Tierney joined Goodwin in 2016.

• Represents major media company in FTC investigation regarding compliance with digital advertising rules
• Represented a nationwide mortgage lender and servicer in an anti-kickback case seeking almost $400 million in damages brought under RESPA, including successfully obtaining full dismissal of the certified class action for lack of Article III standing just over a week before a six-week jury trial was set to begin
• Achieved dismissal for a national mortgage servicer in lawsuit brought by the Consumer Financial Protection Bureau and a state Attorney General regarding compliance with RESPA and the CFPA
• Achieved dismissal and affirmation on appeal to the Eleventh Circuit for large non-bank mortgage lender in FCRA lawsuit
• Achieved dismissal and settlement for a major national bank in a COVID-19 related putative class action lawsuit challenging foreclosures
• Prepared briefing for a multi-office, multi-disciplinary suit resulting in a summary judgement win on behalf of an investment adviser and manager of mutual funds
• Represented major national bank and non-bank lenders in post-examination communications with federal and state regulators regarding online product marketing and advertising practice
• Achieved settlement and dismissal of two TCPA nationwide putative class action lawsuits
• Achieved dismissal for consumer reporting agency reseller in putative nationwide class action alleging FCRA violations
• Worked on case where Goodwin convinced the U.S. Court of Appeals for the Ninth Circuit to make new law in affirming a motion to dismiss victory for client mortgage lender
• Assisted in securing denials of class certification in multiple cases alleging improper denials of mortgage loan modifications
• Served as counsel for a top-10 mortgage lender in defending litigation brought by the Department of Justice concerning loans underwritten and endorsed for FHA mortgage insurance
• Achieved settlement for a national mortgage servicer in an investigation by the DOJ regarding compliance with the Servicemembers Civil Relief Act

While in law school, Tierney undertook a legal internship at the Alliance of Artists and Recording Companies. She also participated in Georgetown’s Street Law Clinic, through which she taught an elective course in practical law to high school students in the District of Columbia.

Tierney is a co-author of the firm’s annual publication of the “Year in Review: Consumer Finance” and is a contributor to the firm’s Consumer Finance Insights blog. She is a co-editor of the Consumer Financial Services Weekly Roundup.

Tierney’s recent publications include:

• Co-Author, “Agency Actions Show Shared Focus On Digital Ad Tactics,” Law360, February 1, 2023
• Co-Author, “Fair Credit Reporting Act Litigation on Standing, Annual Survey of Consumer Financial Services Law Series,” The Business Lawyer Journal, 2021