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Joshua H. Threadcraft

Partner - Birmingham, Alabama

Business Services: Telecommunications & Media

Litigation Services: Class Action, Commercial Litigation, Financial Services Litigation, Insurance Litigation & Coverage

PH: (205) 458-5132

Fax: (205) 413-8701

Email: Joshua

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Paralegal

Sharon Franks (email)

PH: (205) 458-5405

Legal Secretary

Jayna Carlin (email)

PH: (205) 458-5408

Joshua H. Threadcraft is a partner in Burr & Forman's Financial Services Practice Group. He is admitted to practice law in the five states that the Firm has offices (Alabama, Florida, Georgia, Mississippi and Tennessee), and has more than a decade of experience defending lawsuits involving claims such as the Fair Credit Reporting Act, Fair Debt Collection Practices Act, the FTC Holder Rule, Telephone Consumer Protection Act and alleged violations of state and federal law involving banks, insurance companies, credit card companies, mortgage and automobile lending institutions and servicers. Joshua frequently speaks and writes on various topics, including trial tactics and federal statutes applicable to the financial services industry including specifically the Telephone Consumer Protection Act, 47 U.S.C. § 227. He is also the author of the firm's TCPA blog and has been recognized as a "Rising Star" by Alabama Super Lawyers.

Publications

Defense Research Institute, The Whisper, Call Me Maybe . . . Or Maybe Not - Differing Judicial Opinions About What Constitutes Revocation of "Prior Express Consent" Under the Telephone Consumer Protection Act (December 28, 2012)
Alabama Defense Lawyers Association Journal, Spring 2012 Edition, Vol. 28 No. 1, The TCPA- Four Letters That Can Spell Big Verdicts
University of Alabama School of Law CLE, Trial Skills Seminar - Effective Cross-Examination, Birmingham, AL (December 16, 2011)
American Conference Institute’s 12th Annual National Conference on Consumer Finance Class Actions & Litigation, The Electronic Funds Transfer Act, Defending ATM Sticker Litigation, Orlando, FL (October 28, 2011)
Defense Research Institute For The Defense Magazine, A Multi-Million Dollar Cottage Industry Likely Coming To A Court Near You The Telephone Consumer Protection Act (September, 2011)
American Conference Institute’s 11th Annual National Conference on Consumer Finance Class Actions & Litigation, Identifying and Avoiding Trouble Spots In TCPA Claims, Chicago, IL (July 28, 2011)
University of Alabama School of Law CLE, The Essentials - I’m At The Courthouse What Do I Do?, Birmingham, AL (April 8, 2011)
University of Alabama School of Law CLE, Trial Skils Seminar, Presider, Birmingham, AL (December 17, 2010)
Alabama Defense Lawyers Association Journal, October 2010 Edition, Vol. 26 No. 2, The Eleventh Circuit Giveth, Taketh Away and Giveth Again.
American Conference Institute’s 9th Annual Conference on Consumer Finance Class Actions & Litigation, Emerging Issues Defending Debt Collection Actions, New York, NY(January 28, 2010).
A Practitioner’s Guide To Recovery of Mental Anguish/Emotional Distress Damages In Alabama, John P. Scott, Jr. and Joshua H. Threadcraft, Cumberland Law Review, Vol. 38, No. 3, Pages 507-566 (2007-2008).
Building Your Civil Trial Skills, Montgomery, Alabama (November 11, 2008); Mobile, Alabama (November 12, 2008).
NBI, Advanced Collection Strategies - Defending Counterclaims in Collection Actions, Birmingham, Alabama (June, 23, 2008).
“The Class Action Settlement: When the Good Can Become the Bad and the Ugly”, 25 Journal of the Legal Profession 227, 229 (2001).

Reported Cases

Illoydiana v. Capital One Bank (USA), N.A., No. 4:11-cv-637-DPM, 2012 WL 503731 (E.D. Ark. Feb. 15, 2012)
Humphrey v. U.S. Bank, N.A., No. 11-CV-272-GKF-PJC, 2012 WL 28075 (N.D. Okla. January 5, 2012)
Shepherd-Salgado v. Tyndall Fed. Credit Union, No. Civ.A. 11-0427-WS-B, 2011 Wl 5401993 (S.D. Ala. Nov. 7, 2011)
Borneisen v. Capital One Financial Corp., No. 8:09-CV-02539-T-17, 2011 WL 2730972 (M.D. Fla. July 13, 2011)
Wells v. Craig & Landreth Cars, Inc., No. Civ. 3:10-cv-00376-CRS, 2010 WL 4810623 (W.D. Ky. Nov. 19, 2010)
Franklin v. Garden State Life Ins., No. CIVA2:09CV109-MHT, 2009 WL 1688085 (M.D. Ala. M.D.Ala., June 16, 2009)
Hawkins v. Wells Fargo Bank, N.A., Slip Copy, 2008 WL 607155, S.D.Miss., 2008.
Hawkins v. Wells Fargo Bank, N.A., Slip Copy, 2008 WL 216529, S.D.Miss., 2008.
Ronald W. Cottrell and Ivy Williams v. National Collegiate Athletic Association, et al, Nos. Civ. 1041858, 1050436, and 1050437, So. 2d. (June 1, 2007) 2007 WL 1696564 (Ala. 2007).
Thomas W. Gloor v. BancorpSouth Bank, 925 So. 2d 984, 2005 WL 2592159, 58 UCC Rep.Serv.2d 19, Ala.Civ.App., October 14, 2005.
Greenbriar Village, L.L.C. v. Mountain Brook, City, 345 F.3d 1258, 2003 WL 22145871, 16 Fla. L. Weekly Fed. C 1164, , C.A.11 (Ala.), September 18, 2003.
Annette T. Brooks v. J.C. Penney Life Insurance Co., 231 F.Supp.2d 1136, 2002 WL 31554101, N.D.Ala., July 30, 2002.

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REPRESENTATIVE MATTERS

Obtained summary judgment on behalf of defendant corporation for injuries sustained by individual when the business was robbed.
Obtained dismissal on the pleadings of Outrage claim in workers’ compensation context.
Obtained dismissal of state law claims on grounds of Fair Credit Reporting Act preemption in Arkansas federal court.
Obtained summary dismissal of permissible purpose FCRA claim against auto lender in Kentucky federal court.

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