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Aaron S. Weiss

Aaron S. Weiss

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Overview

Aaron Weiss maintains a national litigation practice focused on telecommunications law, class actions, and consumer claims. His cases often involve all of these areas of law. He also frequently counsels insurance companies on complex coverage issues relating to class actions and other aggregated litigation.

Aaron has particularly extensive experience in litigating matters under the Telephone Consumer Protection Act (TCPA). He has litigated dozens of TCPA cases on both a single plaintiff and class basis. His experience includes cases relating to conduct that occurred as early as 2005, and he has been involved in many precedent-setting Florida TCPA decisions.

By appointment of Chief Judge K. Michael Moore, Aaron serves on the Southern District of Florida Ad Hoc Committee on Rules and Procedures. He has drafted amendments to several of the rules. He regularly publishes articles and lectures on issues related to procedural rules in federal court practice.

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Experience

Telecommunications Fraud Prevention

Telecommunications fraud is a major issue that impacts telecommunications companies and consumers. Aaron helped pioneer strategies to combat these problems. Carlton Fields is the only law firm in the country with a dedicated team working across the industry in this area.

As part of these efforts, Aaron first-chaired prosecutions of dozens of claims on behalf of several major wireless telephone services providers in litigation throughout the United States involving claims to combat retail subsidy fraud, intellectual property violations, and other fraud prevention matters.

Aaron has obtained awards for his clients that total more than a quarter of a billion dollars against hundreds of defendants. Many of the telecommunications fraud prevention victories he helped his clients achieve are profiled at http://stopcellphonetrafficking.com/.

Some of Aaron's notable awards on behalf of his clients in this area include:

  • TracFone Wireless, Inc. v. GCA Elecs., LLC, 950 F. Supp. 2d 1326 (N.D. Ga. 2013) (awarding our client more than $7.7 million in monetary sanctions against the defendant).
  • TracFone Wireless, Inc. v. Technopark Co., 313 F.R.D. 680, 690 (S.D. Fla. 2016) (determining that Hong Kong-based company was in contempt for continued sale of cell phone unlocking and awarding our client $1 million in contempt damages).
  • T-Mobile USA, Inc. v. Begum, No. 1:11-cv-02542, 2011 WL 4090930 (E.D.N.Y. Aug. 17, 2011) (granting final judgment and permanent injunction in our client's favor arising from improper resale of cellphones and SIM cards).
  • TracFone Wireless, Inc. v. Holden Prop. Servs., LLC, No. 1:14-cv-20959, 2014 WL 3585711 (S.D. Fla. July 21, 2014) (awarding our client $839,775 in monetary sanctions against the defendant in scheme involving improper resale of cell phone airtime cards that were illegally cloned) and TracFone Wireless, Inc. v. LaMarsh, 98 F. Supp. 3d 828 (W.D. Pa. 2015) (ordering U.S. Marshal to auction off the defendant's property to allow our client to satisfy its judgment).
  • MagicJack LP v. JoiPhone, LLC, No. 9:08-cv-81570, 2009 WL 10664672 (S.D. Fla Aug. 19, 2009) (obtained judgment in favor of leading VoIP phone provider against a Singapore-based company involved in a fraudulent scheme).

Telecommunications Class Actions

  • Counseled the leading prepaid mobile telephone service provider, resolving four consolidated class action cases and an FTC enforcement action relating to its product advertisements; helped negotiate one of the first-ever joint resolutions between a private civil class action and an FTC enforcement action. In re TracFone Unlimited Serv. Plan Litig., 112 F. Supp. 3d 993 (N.D. Cal. 2015).
  • Lead Florida trial and appellate counsel in defending a national mobile service provider in class action alleging that retailer overcharged sales tax. MetroPCS Commc'ns, Inc., v. Porter, 225 So. 3d 843 (Fla. 3d DCA 2016).
  • Lead counsel in class action filed against prepaid cell phone company alleging violations of the Electronic Fund Transfer Act, 15 U.S.C. § 1693-1693r. Gamroth v. TracFone Wireless, Inc., No. 2:12-cv-00187 (E.D. Wis. 2012) (case voluntarily dismissed).

Telephone Consumer Protection Act Litigation

Litigation involving the federal TCPA has increased dramatically in the last several years. While many firms across the country have only recently fielded teams in this area, Aaron has been involved in TCPA cases filed as early as 2009. Many of the cases he litigated have involved issues of first impression. His notable TCPA cases include:

  • Obtained dismissal of TCPA claim based on argument that allegations relating to autodialing were implausible. McGinity v. TracFone Wireless, Inc., 5 F. Supp. 3d 1337 (M.D. Fla. 2014).
  • Obtained precedent-setting decision finding TCPA claims subject to contractual jury trial waiver. Newton v. Wells Fargo Bank N.A., No. 3:13-cv-01017, 2013 WL 5854520 (M.D. Fla. Oct. 30, 2013).
  • Obtained order finding TCPA claims subject to arbitration. Levingston v. TracFone Wireless, Inc., No. 3:13-cv-08265 (D. Ariz. Feb. 28, 2014).
  • Obtained dismissal of TCPA claims in which plaintiff sought recovery for pre-recorded voice calls while alleging they spoke with a live person from defendant's company. Duran v. Wells Fargo Bank, N.A., 878 F. Supp. 2d 1312 (S.D. Fla. 2012).
  • Obtained order clarifying rules governing consent to be called on a cellphone under the TCPA. Gray v. Morgan Drexen, Inc., No. 2:13-cv-00083, 2014 WL 2573227 (M.D. Fla. June 9, 2014).
  • Obtained order of first impression establishing standards for asserting third-party claims in TCPA cases. Osorio v. State Farm Bank, F.S.B., 278 F.R.D. 671 (S.D. Fla. 2011).

Aaron has also represented parties in multiple class action cases around the country relating to alleged TCPA violations. These representations include:

  • Gallant v. TracFone Wireless Inc., No. 1:19-cv-20580 (S.D. Fla. 2019).
  • Becker v. HBN Media, Inc., 314 F. Supp. 3d 1342 (S.D. Fla. 2018).
  • Tickling Keys, Inc. v. Transamerica Fin. Advisors, Inc., 305 F. Supp. 3d 1342 (M.D. Fla. 2018).
  • Aqualogic, Inc. v. Sabon, Inc., 120 So. 3d 566 (Fla. 4th DCA 2013).
  • Guarisma v. Adcahb Med. Coverages, Inc., No. 1:13-cv-21016, 2014 WL 3533483 (S.D. Fla. Apr. 1, 2014).
  • Legg v. Transamerica Life Ins. Co., No. 0:14-cv-61665 (S.D. Fla. 2014).
  • Goebel Ins. Agency, Inc. v. Precise Payroll, LLC, No. 2:16-cv-04775 (E.D. Pa. 2016).
  • Bloch v. TracFone Wireless, Inc., No. 1:16-cv-01372 (E.D.N.Y. 2016).
  • Family Care Partners of Ne. Fla. v. Capellon Pharm. LLC, No. 4:16-cv-00007 (N.D. Fla. 2016).

Aaron also routinely counsels business clients on TCPA compliance and counsels insurance companies on TCPA-related coverage issues.

Consumer Class Actions

Aaron has substantial experience in consumer class action matters across a wide range of industries, including the automotive, banking, mortgage insurance, and timeshare industries. He also frequently counsels liability insurers on issues related to the resolution of class actions in which their insureds are named as defendants. Some of his notable consumer class action cases include:

  • Lead trial counsel for claims administrator in a lawsuit alleging violations of the Medicare Secondary Payor Act. Obtained precedent-setting order clarifying standards for standing in these cases. MAO–MSO Recovery II, LLC v. Boehringer Ingelheim Pharm., Inc., 281 F. Supp. 3d 1278 (S.D. Fla. 2017).
  • Lead trial counsel for medical services company in class action lawsuit relating to the Fair and Accurate Credit Transactions Act. Diaz v. Chapters Health Sys., Inc., No. 8:18-cv-3052, 2019 WL 1498873 (M.D. Fla. Apr. 1, 2019).
  • Lead trial counsel for loan servicer in class action lawsuit under the Fair Debt Collection Practices Act (FDCPA) and the Florida Consumer Collection Practices Act (FCCPA) relating to alleged unlicensed debt collection activity. Matter resolved by voluntary dismissal by named plaintiff. Ledon v. SN Servicing Corp., No. 1:16-cv-21789 (S.D. Fla. 2016).
  • Represented life insurer in class action lawsuit alleging improper marketing practices for life insurance products. Obtained order dismissing the case. Patel v. Catamaran Health Sols., LLC, No. 0:15-cv-61891, 2016 WL 5942475 (S.D. Fla. Jan. 14, 2016).
  • Lead trial counsel for mortgage insurance provider in class action lawsuit for purported violations of the FDCPA and FCCPA stemming from alleged acts and omissions taken in connection with foreclosure actions filed in Florida state court to foreclose a home equity line of credit. Matter resolved by voluntary dismissal by named plaintiff. Fernandez v. United Guar. Residential Ins. Co. of N.C., No. 8:16-cv-00638 (M.D. Fla. 2016).
  • Legal counsel for leading multistate bank in class action lawsuit alleging receipt of unlawful check-cashing fees. Obtained precedent-setting appellate orders establishing standards for amount in controversy under Class Action Fairness Act. McDaniel v. Fifth Third Bank, 568. F. App’x 729 (11th Cir. 2014).
  • Represented large timeshare company in class action lawsuit removed to federal court under the Class Action Fairness Act; defeated remand to state court and obtained dismissal of FDUTPA and related claims. Perret v. Wyndham Vacation Resorts, Inc., 889 F. Supp. 2d 1333 (S.D. Fla. Aug. 28, 2012) (order granting motion to dismiss and closing case).
  • Represented national bank in class action lawsuit alleging improper payday loans. Obtained order directing that case be resolved through arbitration. Gunson v. BMO Harris Bank, N.A., 43 F. Supp. 3d 1396 (S.D. Fla. 2014).
  • Represented five different banks in multiple class action lawsuits in MDL No. 2036 in the Southern District of Florida involving checking overdraft charges. In re Checking Account Overdraft Litig., No. 1:09-md-02036, 2011 WL 6811009 (S.D. Fla. Nov. 1, 2011).
  • Represented defendant in one of the first data breach class action lawsuits in the country. Burrows v. Purchasing Power, LLC, No. 1:12-cv-22800, 2013 WL 10167232 (S.D. Fla. Oct. 7, 2013).
  • Represented leading multistate bank in class action lawsuit alleging that certain loans were improper. Obtained transfer of case to the Northern District of Ohio. Laskaris v. Fifth Third Bank, 962 F. Supp. 2d 1297 (S.D. Fla. 2013).
  • Lead trial counsel for automotive lender in lawsuit alleging that the company engaged in improper practices in carting out repossessions. Matter resolved by voluntary dismissal by named plaintiffJackson v. CIC Funding, LLC, No. 2013-21683-CA-01 (Fla. Cir. Ct. 2013).
  • Represented lender in RICO class action lawsuit alleging improper practices with respect to consumer loans in Florida. Obtained dismissal of complaint. Lawrie v. Ginn Dev. Co., No. 3:09-cv-00446, 2013 WL 222258 (M.D. Fla. Jan. 9, 2013).
  • Represented several companies in M&A strike suit class action lawsuit in the Delaware Court of Chancery. In re Netsmart Techs., Inc. Shareholders Litig., 924 A.2d 171 (Del. Ch. 2007).

In connection with his class action work, Aaron co-chaired the ABA Commercial and Business Litigation Committee Class Actions Subcommittee.

International Telecommunications Matters

Aaron has been at the forefront of extending new methods of service of U.S. legal process to defendants. His efforts in this area have resulted in more than a dozen separate published court opinions, including:

  • TracFone Wireless, Inc. v. Bequator Corp., Ltd., 717 F. Supp. 2d 1307 (S.D. Fla. 2010) (finding that service can be made to a defendant in Hong Kong by U.S. mail).
  • TracFone Wireless, Inc. v. Washington, 290 F.R.D. 686 (M.D. Fla. 2013) (service may be made to a defendant in Peru by FedEx).
  • TracFone Wireless, Inc. v. Bitton, 278 F.R.D. 687 (S.D. Fla. 2013) (service may be made to a defendant in Vietnam by email).

Aaron has also published several articles and delivered CLE presentations on this topic.

General Litigation Matters

In addition to his work on specialized telecommunications law, class action, and consumer claims, Aaron has a broad range of experience in complex commercial matters. His notable representations include:

  • Representing wireless service provider in dispute with former master dealer. Wireless Shop, LLC v. TracFone Wireless, Inc., No. 1:18-cv-23160, 2018 WL 6817054 (S.D. Fla. Oct. 15, 2018).
  • Obtained order permitting service of subpoenas via FedEx or UPS as such methods are reasonably calculated to ensure receipt of the subpoena by the witness. TracFone Wireless, Inc. v. SCS Supply Chain LLC, 330 F.R.D. 613 (S.D. Fla. 2019).
  • Obtained $2.2 million judgment and injunction in favor of leading software distributor in case against software infringer. Microsoft Corp. v. Tech HQ, Inc., No. 0:16-cv-62633, 2018 WL 941721 (S.D. Fla. Feb. 2, 2018).
  • Represented wireless service provider in dispute with former agent and successfully defeated request for preliminary injunction. Megatel Mobile, LLC v. TracFone Wireless, Inc., No. 2:17-cv-03837, 2017 WL 4544618 (D.N.J. Oct. 6, 2017).
  • Represented nonparty subpoena recipient in obtaining almost $25,000 in attorneys' fees incurred in connection with responding to a subpoena. Silverman v. Falcone, No. 9:14-cv-80407, 2015 WL 5836775 (S.D. Fla. Sept. 24, 2015).
  • Represented chairman of Fortune 50 company in suit by allegedly aggrieved claimant. Matter resolved by voluntary dismissal by plaintiff. Young v. Hancock, No. 1:17-cv-21473, 2017 WL 3113417 (S.D. Fla. Apr. 24, 2017).
  • Represented D&O insurance carrier in successfully obtaining a bar order against future claims. Brophy v. Salkin, 550 B.R. 595 (S.D. Fla. 2015).
  • Prosecuted trademark infringement case on behalf of leading software distributor to combat improper distribution of software products. Microsoft Corp. v. Your Shop Online, LLC, No. 0:16-cv-61568, 2017 WL 2712944 (S.D. Fla. Feb. 10, 2017).
  • Representing lending institutions in litigation involving enforcement of commercial loan documents, working closely with the FDIC to revive the D’Oench Duhme doctrine, which is asserted to bar claims against the successors to failed banking institutions; drafted the briefs that became the template for motions the FDIC used in these matters all over the country, and was also asked to participate in hearings relating to the D’Oench Duhme doctrine throughout Florida. Notable decisions on this issue include: 1225 S.W. 8th St. Prop., Inc. v. Iberiabank, No. 3D11–244, 2012 WL 944804 (Fla. 3d DCA 2012) (affirming dismissal with prejudice entered in favor of client on basis of FDIC superpowers) and Iberiabank v. Coconut 41, LLC, No. 2:11-cv-00321, 2012 WL 2345223 (M.D. Fla. June 11, 2012) (finding the federal court maintains mandatory continued jurisdiction after dismissal of FDIC when superpowers are invoked).
  • Represented the owner of the world-famous “Versace Mansion” in foreclosure proceeding and devised a strategy to avoid foreclosure for more than 15 months by demanding that each of the more than 20 individuals who were members of the LLC that held the note establish they were diverse from the defendant. VM S. Beach, LLC v. Casa Casuarina, LLC, No. 1:11-cv-24612, 2013 WL 1149657 (S.D. Fla. Mar. 19, 2013).
  • Lead counsel from filing through a five-day federal jury trial for an insurance carrier during four years of litigation seeking payment of underpaid premiums. At trial, client was awarded the complete amount of damages sought. Following trial, the court awarded the client more than 95 percent of its requested attorneys' fees. Am. Home Assurance Co. v. Weaver Aggregate Transport, Inc., 298 F.R.D. 692 (M.D. Fla. 2014).
  • Defended former directors and officers of a national airline in securities litigation in Florida state, federal, and bankruptcy courts, and obtained orders dismissing complaints from both state and federal judges. Arnold v. McFall, 839 F. Supp. 2d 1281 (S.D. Fla. 2011), and Welt v. McFall, No. CACE-12-030848, 2013 WL 5937319 (Fla. Cir. Ct. Aug. 26, 2013).
  • Represented a leading cosmetic products company in antitrust litigation. Duty Free Ams., Inc. v. Estée Lauder Cos., Inc., No. 0:12-cv-60741, 2014 WL 1329359 (S.D. Fla. Mar. 31, 2014) (granting dismissal with prejudice); Duty Free Ams., Inc. v. Estée Lauder Cos., Inc., 946 F. Supp. 2d 1321 (S.D. Fla. 2013) (granting dismissal).
  • Represented a lender in navigating an “around the country” jurisdictional journey that involved: (1) a contested removal from West Virginia state court to the Northern District of West Virginia; (2) a heavily opposed transfer from that court to the Middle District of Florida; (3) a stay entered by the transferee federal court to allow; and (4) summary judgment by a Florida state court to be entered. Creative Commc’ns, LLC v. Iberiabank, No. 5:14-cv-00036, 2014 WL 2111208 (N.D. W. Va. May 7, 2014).
  • Represented lender in suit alleging improper practices relating to loan modifications. Obtained dismissal of improperly joined claims against several lenders. Barber v. America’s Wholesale Lender, 289 F.R.D. 364 (M.D. Fla. 2013).
  • Represented a leading component manufacturer in obtaining a judgment against a distributor. Esys Latin Am., Inc. v. Intel Corp., 925 F. Supp. 2d 1306 (S.D. Fla. 2013).
  • Represented Brazil-based bank in contesting attempted use of 28 U.S.C. § 1782 by Brazilian bankruptcy trustee for discovery in Brazil. Obtained a precedent-setting order staying proceeding pending resolution of issues in Brazil and Cayman Islands courts. In re Application of Alves Braga, 789 F. Supp. 2d 1294 (S.D. Fla. 2011).
  • Successfully contested subpoenas and obtained fees for client. Learning Connections, Inc. v. Kaufman, Englett & Lynd, PLLC, 282 F.R.D. 574 (M.D. Fla. 2012).
  • Defended telecommunications company in lawsuit challenging eligibility for free cell phones under the federal Lifeline program. Schipke v. TracFone Wireless, Inc., 146 F. Supp. 3d 455 (D. Conn. 2015).
  • Defended antitrust claims on behalf of international company in litigation lasting nearly 10 years through state and federal trial and appellate courts. MYD Marine Distrib., Inc. v. Int’l Paint Ltd., 151 So. 3d 1263 (Fla. 4th DCA 2014).
  • Represented nationally known recording artist in dispute with a service vendor. Marley v. Jetshares Only, LLC, 767 F. Supp. 2d 1337 (S.D. Fla. 2011).​

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Professional & Community Involvement

  • The Florida Bar
  • American Bar Association
    • Co-Chair, Class Actions Subcommittee, Commercial and Business Litigation Committee, Section of Litigation (2011-2013)
  • Miami-Dade Chamber of Commerce
    • Graduate, Leadership Miami (2010-2011)
  • Dade County Bar Association 
    • Frequent presenter and conference panelist/moderator
  • Law360
    • Telecommunications Editorial Advisory Board (2016-present)

Speaking Engagements

  • "Convergence of D&O Insurance Coverage With Bankruptcy & Insolvency," Turnaround Management Association, Atlanta (August 2017).
  • "What's New in Legal Technology for 2017," Dade County Bar Association 2017 Annual Bench and Bar Conference (February 2017).
  • "Arbitration – Recent Developments," Dade County Bar Association 2016 Annual Bench and Bar Conference (February 2016).
  • "December 1, 2015 Amendments to the Federal Rules of Civil Procedure," Dade County Bar Association Brown Lunch Series Presentation (March 2016).
  • "The Telephone Consumer Protection Act: Basics, Targeted Industries, and Trends," Carlton Fields Webinar (February 2015).
  • "The Telephone Consumer Protection Act: Deep Dive: Details, Class Actions, Regulations, and Defense Strategies," Carlton Fields Webinar (February 2015).

CLE Presentations:

  • "Amendments to Federal Rules of Civil Procedure," The Florida Bar approved CLE presentation.
  • "Application of FDIC Superpowers," The Florida Bar approved CLE presentation.
  • "Florida Service of Process." The Florida Bar approved CLE presentation.

Credentials

Education
  • Columbia Law School (J.D., 2003)
  • Binghamton University (B.A., summa cum laude, 2000)
Bar Admissions
  • Florida
  • New York
Court Admissions
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Eastern District of Arkansas
  • U.S. District Court, Western District of Arkansas
  • U.S. District Court, District of Colorado
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Northern District of Florida
  • U.S. District Court, Southern District of Florida
  • U.S. District Court, Central District of Illinois
  • U.S. District Court, Northern District of Illinois
  • U.S. District Court, Southern District of Illinois
  • U.S. District Court, Northern District of Indiana
  • U.S. District Court, Southern District of Indiana
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Western District of Michigan
  • U.S. District Court, Eastern District of Missouri
  • U.S. District Court, District of Nebraska
  • 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, Northern District of Ohio
  • U.S. District Court, Western District of Pennsylvania
  • U.S. District Court, Western District of Tennessee
  • U.S. District Court, Eastern District of Texas
  • U.S. District Court, Northern District of Texas
  • U.S. District Court, Western District of Texas
  • U.S. District Court, Southern District of Texas
  • U.S. District Court, Eastern District of Wisconsin
  • U.S. District Court, Western District of Wisconsin
  • Florida State Courts
  • New York State Courts
  • U.S. Bankruptcy Court, Southern District of Florida
Clerkships
  • Hon. James A. Belson, U.S. Court of Appeals, D.C. Circuit

Background

  • Litigation Associate, O'Melveny & Myers LLP, New York (2004-2007)
  • Law Clerk to the Honorable James A. Belson, U.S. Court of Appeals, District of Columbia, Washington (2003-2004)
  • Extern to the Honorable Sterling Johnson Jr., U.S. District Court, Eastern District of New York (2002)

Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.