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Roger L. Smerage

Associate
+1.617.951.9070
Fax +1.617.261.3175

Roger Smerage is an associate in the commercial disputes group of the Boston office of K&L Gates. He concentrates his practice in class action litigation and financial institutions and services litigation. Mr. Smerage’s experience includes representing mortgage lenders, banks, loan servicers, and other consumer financial services institutions, as well as wireless telephone companies, computer software developers, and energy providers, in class action and individual litigation matters. He has represented a variety of corporate and individual clients in contract, tort, securities, consumer protection, and general business litigation matters in federal and state courts, as well as in state and federal government investigations and non-binding mediation.

Mr. Smerage’s representations have included actions concerning disputes arising under various federal statutes, including the Fair Debt Collections Practices Act, the Telephone Consumer Protection Act, the Fair Credit Reporting Act, the Real Estate Settlement Procedures Act, the Truth in Lending Act, the Racketeer Influenced and Corrupt Organizations Act, and the Fair Housing Act, as well as actions concerning disputes arising under various state consumer protection statutes. He has submitted appellate briefs to the Massachusetts Appeals Court and the United States Courts of Appeals for the First and Second Circuits, as well as assisted in the preparation of briefs to the Third, Ninth, and Eleventh Circuits and the United States Supreme Court.

Mr. Smerage has also represented corporate clients in enforcing arbitration agreements under the Federal Arbitration Act and has advised corporate clients on how to structure pre-dispute arbitration agreements. He has also assisted in bankruptcy and government enforcement matters, as well as having represented a detained alien in removal proceedings before the U.S.D.O.J. Executive Office for Immigration Review (Immigration Court) on a pro bono basis.

Professional Background

Prior to coming to K&L Gates, Mr. Smerage worked as a post-graduate research fellow for Associate Dean / Professor of Law Linda Sandstrom Simard at Suffolk University Law School.  He assisted Prof. Simard in the development, research, and editing of a paper on transnational class action certification.  During law school, he interned for the Hon. William G. Young of the U.S. District Court for the District of Massachusetts and the Hon. Robert J. McKenna, Jr., of the Boston Municipal Court. 

Mr. Smerage was a summer associate at K&L Gates during the summer of 2008.

Speaking Engagements

  • SCOTUS Disparate Impact Decision: The Supreme Court Recognizes but Limits Disparate Impact in its Fair Housing Act Decision, Powerpoint Webinar Presentation, July 2015
  • Represent various loan servicers and an energy provider in class actions under the Telephone Consumer Protection Act
  • Represented mortgage lender and employee in suit alleging violations of Fair Housing Act and RICO 
  • Represented national financial institutions in various suits alleging violations of FCRA Section 1681s-2(b)
  • Defended national mortgage servicer in suit alleging violations of state usury and RICO statutes
  • Represented national mortgage servicer in class action alleging willful violation of FCRA Section 1681b
  • Defended international wireless telephone company in suit alleging violation of state E911 laws
  • Assisted mortgage lender in federal government investigation concerning FHA lending
  • Represented national mortgage servicer in suit alleging violation of Fair Housing Act, FDCPA, and District of Columbia Consumer Protection Procedures Act
  • Assisted national mortgage servicer compel individual arbitration of putative class action alleging violations of New Jersey Truth in Consumer Contract, Warranty, and Notice Act
  • Defended national mortgage servicers in various class actions alleging violations of FDCPA Sections 1692e and 1692g(a)
  • Represented mortgage lender in state administrative proceedings alleging violation of state and federal fair housing laws arising out of loan modification negotiations
  • Assisted national trade associations submit amicus briefs to United States Supreme Court
  • Represented national retailer in class action alleging violation of Massachusetts consumer personally-identifiable-information statute (M.G.L. c. 93, § 105(a))
  • Defended international wireless telephone company in class action alleging violations of Washington Consumer Protection Act, including assisting client compel arbitration of claims
  • Represented software company in class action alleging common law claims arising out of automatic on-line subscription renewals
  • Defended mortgage servicer in class action alleging overcharges of mortgage recording fees
  • Assisted mortgage lender in federal government investigation concerning compliance with Fair Housing Act when underwriting loan applications involving disability income
  • Represented national mortgage lender in summary process proceedings and in corresponding civil suit alleging common law claims and violations of Massachusetts consumer protection statute (M.G.L. c. 93A)
  • Represented national mortgage lender in suit alleging violations of Massachusetts foreclosure statute (M.G.L. c. 244)
  • Defended realty company in suit alleging acceptance of kickbacks and assessment of overcharges in violation of RESPA Section 2607 in connection with home warranties