TCPA Litigation Deep Dive: From Early Cases to Emerging Legal Frontiers

Aaron S. Weiss | Carlton Fields

Aaron Weiss has spent more than 20 years litigating cases involving 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 frequently litigates class action cases under a variety of so-called alphabet soup consumer protection statutes, including the: Telephone Consumer Protection Act (TCPA); Florida Telephone Solicitation Act (Florida Mini TCPA); Florida Security of Communications Act (FSCA); Fair Credit Reporting Act (FCRA); Fair and Accurate Credit Transactions Act (FACTA); Fair Debt Collection Practices Act (FDCPA); Electronic Funds Transfer Act (EFTA); Medicare Secondary Payer Act (MSP Act); Video Privacy Protection Act (VPPA); Florida Deceptive and Unfair Trade Practices Act (FDUTPA); Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA); and Florida Consumer Collection Practices Act (FCCPA).

Aaron also routinely defends companies sued in data breach class actions and counsels insurers on issues related to cyber claims.

Aaron also has significant experience in both prosecuting and defending against intellectual property claims, often in cases involving novel technology.

Aaron is recognized as a prominent voice in the legal press on these practice areas. He is routinely quoted in various lawyer-focused publications on key issues related to consumer class actions. He also regularly publishes articles, lectures, and podcasts on issues related to procedural rules in federal court practice and other issues related to his practice. He currently writes a regular column for Law360 addressing key issues under consumer class actions and is part of the board of contributors for the Daily Business Review, where he frequently writes columns relating to federal civil practice in Florida. Aaron is also a member of the faculty of the National Business Institute and the Institute for Paralegal Education, where he routinely lectures on issues related to consumer law and civil practice.

By appointment of Chief Judges K. Michael Moore and Cecilia Altonaga, since 2014, Aaron has served on the Southern District of Florida Ad Hoc Committee on Rules and Procedures. He has been the lead drafter of amendments to more than a dozen local rules.

Aaron is board certified by the Florida Bar in business litigation — a distinction achieved by less than 250 of the more than 100,000 Florida lawyers.

In addition to his practice as an advocate, Aaron is a Florida Supreme Court certified mediator for civil and appellate cases. His mediation work focuses on class actions and other consumer claims.

I. TCPA basics | 2:00pm – 2:05pm

II. The four main types of TCPA claims (and few others) | 2:05pm – 2:35pm

III. Litigating TCPA cases, including key discovery issues | 2:35pm – 2:55pm

Break | 2:55pm – 3:05pm

IV. Settling TCPA cases | 3:05pm – 3:25pm

V. TCPA compliance | 3:25pm – 3:40pm VI. State statutes | 3:40pm – 3:55pm

VII. Emerging TCPA issues | 3:55pm – 4:05pm

VIII. Conclusion | 4:05pm – 4:10pm