Linda M. Reck

Linda M. Reck

Of Counsel

Linda M. Reck is a commercial litigator with a broad range of experience focusing on complex commercial, banking, securities, consumer finance and real estate litigation. Linda serves as trial and appellate counsel in federal and state court for financial services industry clients, including regional and national banks, loan servicers, commercial and consumer finance companies, credit card issuers, debt buyers and third-party debt collectors. Linda also routinely counsels clients and other attorneys on issues related to the preservation and discovery of electronically store information.

Concentrations

  • Fair Credit Reporting Act
  • Fair Debt Collection Practices Act
  • Telephone Consumer Protection Act
  • Truth in Lending Act and Regulation Z
  • Mortgage loan origination and loan servicing issues
  • Unfair and deceptive trade practices
  • Consumer fraud
  • Identity theft
  • Predatory lending
  • Contested mortgage foreclosures
  • Class action defense
  • Document retention and litigation preparedness

取扱分野

実績紹介

 
  • Represented numerous financial institutions and other lenders in prosecuting multi-million dollar mortgage foreclosure actions involving multi-unit apartment complexes, hotels and resorts, office and warehouse parks, shopping centers, office buildings and other commercial properties.
  • Obtained summary judgment in favor of a mortgage loan servicer in an action alleging violation of the Fair Credit Reporting Act arising out of the reporting of a mortgage loan during a forbearance plan, which judgment was affirmed in a written opinion by the U.S. Court of Appeals, Eleventh Circuit. Felts v. Wells Fargo Bank, N.A., 893 F. 3d 1305 (11th Cir. 2018).
  • Obtained dismissals of statutory claims asserted in federal court arising from lenders’ successful state court mortgage foreclosure actions.  Echeverry v. Wells Fargo Bank, N.A., No. 16-cv-61635, 2017 WL 733374 (S.D. Fla. Feb. 24, 2017), rehearing denied 2017 WL 880424; O’Toole v. Wells Fargo Bank, N.A., No. 8:15-cv-1834-T-33TBM, 2016 WL 881151 (M.D. Fla. Mar. 8, 2016).
  • Defended against and obtained a dismissal with prejudice of an action alleging federal and state law securities violations arising out of the sale of an investment vehicle, which dismissal with prejudice was affirmed by the U. S. Court of Appeals, Eleventh Circuit. See Life Receivables Ireland Ltd. v. Babcock & Brown Investment Mgmt. Partners LP, et.al., 478 Fed. Appx. 658 (11th Cir. 2012), affirming Life Receivables Ireland Ltd. v. Babcock & Brown Investment Mgmt. Partners LP, et.al., No. 1:07-cv-1541-RWS, 2010 WL 2428747 (N.D. Ga. June 9, 2010).
  • Obtained per curiam affirmances of final and non-final orders entered in favor of lenders. Sharpe v. Wells Fargo Bank, N.A., 189 So.3d 790 (Fla. 4th DCA 2016); Bisbee v. Wells Fargo Bank, N.A., 199 So.3d 275 (Fla. 4th DCA 2016); Reyes v. Wells Fargo Bank, N.A., 200 So. 3d 73 (Fla. 5th DCA 2016); Edson v. OneWest Bank, FSB, 178 So.3d 415 (Fla. 4th DCA 2015).
  • Defended South Florida employer in non-compete and tortious interference lawsuit, resulting in the denial of a temporary injunction claim. The District Court of Appeal of Florida, Fourth District issued a per curiam affirmance of the denial of injunctive relief. Del Monte Fresh Produce N.A., Inc. v. Guttmann, 11 So. 3d 367 (Fla. 4th DCA 2009).
  • Defended Boston Scientific Corporation against injunctive relief sought under Puerto Rico’s Law 75 through district court and appeal. Puerto Rico Hosp. Supply, Inc. v. Boston Scientific Corp., 426 F.3d 503 (1st Cir. 2005), affirming Puerto Rico Hosp. Supply, Inc. v. Boston Scientific Corp., 2005 WL 1431882 (D.P.R. June 17, 2005).

受賞歴・所属団体

  • Team Member, U.S. News - Best Lawyers®, Best Law Firms Edition, "Law Firm of the Year," Banking & Finance - Litigation, 2017
  • Member, The American Bar Association
  • Member, Orange County Bar Association
  • Member, Federal Bar Association
  • Member, Leadership Fort Lauderdale Class 17
     

学歴・資格・言語

学歴
  • J.D., magna cum laude, University of Miami School of Law, 2003
    • Order of the Coif
    • Senior Notes and Comments Editor, University of Miami Law Review
    • Dean's List
    • Board Member, University of Miami Moot Court
    • Winner, 1L Moot Court Competition
  • B.S.B.A., Finance, University of Central Florida, 1997
    • Dean's List
    • Financial Management Honor Society
弁護士資格
  • Florida
  • U.S. District Court for the Middle District of Florida
  • U.S. District Court for the Northern District of Florida
  • U.S. District Court for the Southern District of Florida
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
言語