A versatile litigator, Stacy Rodriguez defends against high stakes commercial lawsuits in federal and state courts throughout the United States.
Stacy has extensive experience defending lawsuits involving the defense of putative class actions, multi-district litigations, business torts, shareholder disputes, securities actions, and other lawsuits involving commercial disputes, including claims for breach of contract, unfair and deceptive trade practices, defamation, and the theft of trade secrets. Stacy also regularly defends clients against individual and putative class action claims raised pursuant to the Fair Debt Collection Practices Act (FDCPA), Telephone Consumer Protection Act (TCPA), Fair and Accurate Credit Transactions Act (FACTA), and the Fair Credit Reporting Act (FCRA).
With an emphasis on the financial services industry, including creditors and service providers of all varieties, Stacy helps clients navigate the ever-evolving and complex regulatory landscape. That means building or modernizing outdated compliance management systems, assisting with responses to regulatory inquiries and deficiency notices, preparing clients to successfully complete audits, and defending against allegations of non-compliance.
Stacy is also available for data privacy and data security/breach counseling. She has helped clients across various industries build compliant privacy policies for their websites, as well as communications scripts and interactive webforms designed to satisfy the requirements of the California Consumer Privacy Act (CCPA).
Although based in Florida, Stacy’s practice is nationwide, including compliance counseling and the defense of lawsuits from Miami, to New York, to Los Angeles.
Stacy took a non-traditional path to the law, focusing her undergraduate education at Marshall University on the integration of science and technology, with an emphasis on DNA biotechnology. Go Herd! Prior to joining Actuate Law, she worked at an AmLaw 100 firm in South Florida for over a decade.
Representative Matters
Consumer and Class Action Defense
Obtained summary judgment order dismissing a multi-million dollar putative class action for an alleged violation of the TCPA filed against a jeweler in the Southern District of Florida.
Obtained voluntary dismissal of FACTA putative class action seeking millions in class damages against a commercial gym following motion to dismiss for lack of standing or, alternatively, to compel arbitration.
Obtained dismissal of TCPA putative class action against an insurance company after challenging the adequacy of the complaint’s factual allegations and form.
Obtained the dismissal and/or voluntary dismissal of multiple putative class action lawsuits filed against dozens of insurance companies in various state and federal courts across the country, involving claims for reimbursement of Medicare Advantage Organizations for conditional payments allegedly made for medical treatments.
Business Disputes
Obtained a favorable settlement recovery for a debt buyer after filing suit against a debt repackager and seller and raising claims of fraud, negligent misrepresentation, unjust enrichment, and tortious interference and successfully defending against a motion to dismiss those claims in federal court.
Secured emergency TRO following a highly contested evidentiary hearing in Broward County state court, expelling a food services vendor from a sports complex due to unsanitary practices.
Obtained order dissolving an ex parte injunction entered against aviation aftermarket services client in connection with allegations of trade secret violations arising from transitioning employees, following a full-day evidentiary hearing with multiple fact and expert witnesses in Florida state court.
Co-chaired federal bench trial in the Eastern District of New York, including the examination and cross-examination of key witnesses, to defend a credit card processing company against a $30 million trademark and contract case.
Co-chaired private arbitration defending legal insurance provider against breach of contract claims, including the examination and cross-examination of multiple witnesses.
Obtained voluntary dismissal of a wrongful death and negligent security claim filed against a shopping center in Florida after securing favorable and exonerating deposition testimony from the plaintiff.
Shareholder Litigation
Defeated an $85 million consolidated shareholder class action motion to enjoin the tender offer of a REIT client to acquire a publicly traded company, thus allowing the deal to proceed, following expedited briefing and a hearing in the Circuit Court for Baltimore City.
Obtained dismissal of controller buyout shareholder class action seeking to enjoin a merger, and a subsequent affirmance in Florida’s Fourth District Court of Appeals.
Represented an independent special committee by leading an extensive internal investigation and preparing a report regarding multiple claims for breach of fiduciary duty, self-dealing and corporate waste raised by shareholders of a biometrics company.
Published Work
DRI Defense Library Series, Co-Author, “A Young Lawyer’s Guide to Defense Practice,” 2015
Education
J.D., University of Miami School of Law, 2007; summa cum laude, Order of the Coif, University of Miami Law Review
B.S., Marshall University, 2004; summa cum laude
