Practice Areas

  • Class Action Litigation
  • Consumer Finance and Financial Services Litigation
  • Complex Business Litigation
  • Consumer Litigation
  • Appellate Litigation


Education

Texas Tech School of Law

  • J.D. 2002, summa cum laude
  • Order of the Coif
  • Class Rank 1 of 196
  • Texas Tech Law Review, Editor-in-Chief

The Judge Advocate General’s Legal Center and School

  • L.L.M., Military Law, 2010

U.S.M.A. at West Point

  • U.S. Civil Engineering 1994
  • Top 10%
  • Varsity Baseball

Bar Admissions

  • Georgia
  • Florida
  • Maryland
  • Oregon
  • Washington
  • Texas
  • District of Columbia

Court Admissions

  • All State and Federal Courts in MD, OR, DC; all State Courts in FL, GA, TX, and WA; U.S. District Courts for Northern and Southern Districts of GA, Middle and Southern Districts of FL, Eastern and Southern Districts of TX, and Western District of WA; U.S. Supreme Court and the 9th and 11th Circuit Courts of Appeal; U.S. Bankruptcy Courts in FL, GA, OR, TX, and WA
  • U.S. Court of Appeals for the Armed Forces, Army Court of Criminal Appeals, and Board of Veterans Appeals

Aaron A. Wagner

Born and raised in Washington State, Aaron Wagner is a trial attorney with extensive commercial, financial services, consumer finance, product liability, class action, and business litigation experience. Aaron has represented clients in over 20 class, collective or representative actions, as well as hundreds of individual lawsuits alleging violations of consumer protection laws, and other commercial or financial services matters in state and federal courts in 32 states. A substantial portion of Aaron’s practice involves the representation of banks, lenders, servicers and investors in complex business-related and financial services litigation involving all types of disputes. He also represents numerous corporations, businesses, and individuals in a variety of commercial litigation matters involving breach of contract, construction defect, statutory violations, and real estate transactions, including claims under the TCPA, FDCPA, TILA, FHA, ECOA, FCRA, RESPA and SCRA and analogous state statutes.

Aaron earned his undergraduate degree from West Point, where he graduated in the top 10% of his class while playing on the baseball team. He started his Army career as a helicopter and fixed-wing pilot and then attended law school at Texas Tech through the Army’s highly selective funded legal education program. At Texas Tech, Aaron served as Editor-in-Chief of the law review, graduated first in his class, and was inducted into the Order of the Coif. Thereafter, he returned to active duty and earned a Bronze Star for his service as a lawyer in Afghanistan. Aaron then entered private practice as a litigator trying dozens of consumer product jury trials. Since then, he has litigated cases throughout the United States and is frequently sought out by colleagues, peers, and former opposing counsel for his expertise in litigation and trial advocacy. He is well-known as an attorney who consistently delivers excellent results for clients while keeping their business interests at the forefront of all matters.

As a former prosecutor and military officer, Aaron devotes a substantial portion of his time to pro bono work, including the representation of victims of sexual assault and their families, as well as Veterans.

  • Represented national bank and mortgage loan servicer in putative class action in North Carolina alleging various violations of state consumer protection statutes, successfully defeating class certification and obtaining complete dismissal of all claims.
  • Represented mortgage loan servicer and loan officer in three-week jury trial involving allegations of fraud, misrepresentation, and Washington’s Consumer Protection Act (CPA) in Washington state superior court, securing a complete defense verdict.
  • Defended mortgage loan servicers in hundreds of lawsuits alleging violations of various state and federal consumer protection statutes, including TCPA, FDCPA, RESPA, TILA, ECOA, FHA, SCRA, FCRA, and state consumer protection acts in 32 states, frequently prevailing on motions to dismiss, demurrers, and summary judgment motions.
  • Represented tobacco manufacturer in multiple jury trials in Florida involving allegations of fraud, misrepresentation, product defect, and other claims, securing complete defense wins on all claims several times.
  • Defeated class certification in a Maryland state court putative class action alleging various violation of Maryland’s Real Estate and Property Act and other consumer protection statutes, ultimately leading to de minimis resolution of the remaining individual claims.
  • Successfully litigated a fraudulent lawsuit against an RV manufacturer and dealer in Washington state court by ferreting out false claims, unsupported facts, and unethical behavior by Plaintiffs and their counsel, ultimately leading to a dismissal of all claims and Plaintiffs’ payment of defense attorney fees and costs.
  • Defeated class certification and successfully secured dismissal of nearly all claims brought by an individual consumer alleging violations of Illinois and federal consumer protection statutes, leading to a de minimis resolution of the Plaintiff’s remaining individual claim.
  • Prevailed on multiple motions to dismiss filed against Plaintiff in California state in lawsuit seeking to establish claims under California’s Homeowner Bill of Rights (HBOR), the common law, and other state consumer protection statutes, ultimately causing Plaintiff to abandon all claims and dismiss case.
  • Successfully defeated multiple lawsuits alleging violations of Florida’s Consumer Collection Protection Act (FCCPA), through dispositive motion.
  • Defended mortgage servicer and bank clients against numerous claims at trial and appellate levels in state and federal courts, including claims brought under TILA, RESPA, and FDCPA, analogous state consumer protection statutes, and under common-law theories including breach of contract, fraud, negligence, successor liability, slander of title, elder abuse, breach of fiduciary duty and intentional infliction of emotional distress. In nearly all cases, obtained dismissal on dispositive motion, judgment in client’s favor, or favorable settlement.
  • Secured a substantial settlement for a commercial client based upon its opponent’s breach of a software as a service agreement in Missouri after focused discovery and motion practice convinced Plaintiff of the strength of evidence and likelihood of Defendant’s success at trial.
  • Waddell v. U.S. Bank Nat’l Ass’n, 395 F. Supp. 3d 676 (E.D.N.C. 2019)
  • Roman v. LoanDepot.com, LLC, 387 F. Supp. 3d 1389 (M.D. Fla. 2019)
  • Montia v. First-Citizens Bank & Tr. Co., 341 Ga. App. 867, 801 S.E.2d 907 (2017)

 

  • Member, Georgia Bar Association Trial Law Section
  • Member, Florida Bar Association Trial Lawyers Section
  • Member, Western District Washington Federal Bar Association
  • Member, Maryland State Bar Association
  • Member, Texas State Bar Association
  • Member, District of Columbia Bar Association
  • Member, Oregon State Bar Association
  • Member, Washington State Bar Association
  • Member, Federal Bar Association