Overview

Joshua Threadcraft is a partner in Burr & Forman's Financial Services Practice Group. He is admitted to practice law in five of the Southern states where the firm has offices (Alabama, Florida, Georgia, Mississippi, and Tennessee), focusing his practice on defending state and federal court litigation in these states, as well as across the country.

Joshua routinely defends individual and multi-plaintiff/class actions. He has almost two decades of experience defending lawsuits involving 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, credit card companies, insurance companies, mortgage and automobile lending institutions and servicers. Joshua also has extensive experience involving escalated reverse mortgage litigation in both state and federal courts across the country, including both the trial and appeal in the 2021 Florida Supreme Court case WVMF Funding v. Luisa Palmero, which held that, as a matter of law, a spouse who does not sign a reverse mortgage note is not a borrower on the loan. For the past several years, Joshua has also been heavily involved in landlord guarantor lease litigation across the country.

Since 2016, Joshua has been selected by his peers for inclusion in Best Lawyers in America in the field of Banking and Finance, and was recently selected for inclusion by his peers in the fields of Commercial Litigation and Litigation Mass Tort Litigation/Class Actions – Defendants. Joshua has also been designated a top rated consumer law attorney in Birmingham, Alabama, and the Mid-South by Super Lawyers. Joshua frequently speaks and writes on various topics, including trial strategy, and federal and state statutes applicable to the financial services industry, including reverse mortgage litigation trends and specifically the Telephone Consumer Protection Act, 47 U.S.C. § 227, also serving as the author of the firm’s TCPA blog.

To view Joshua’s full list of reported cases, publications and presentations, please click below.

Experience

  • Obtained summary dismissal of permissible purpose FCRA claim against auto lender in Kentucky federal court.
  • Obtained judgment on Plaintiff's claims, and consent judgment on counterclaim at trial.
  • Obtained summary judgment dismissal of Malicious Prosecution and Intentional Infliction of Emotional Distress claims in Georgia state court.
  • Obtained summary judgment for individual defendant in multi-million dollar defamation action.
  • Obtained $800,000 jury verdict.
  • Obtained dismissal on the pleadings of Outrage claim in workers' compensation context.
  • Retained as National Arbitration counsel for major national bank.
  • Obtained summary judgment on behalf of defendant corporation for injuries sustained by individual when the business was robbed.
  • Obtained summary dismissal of permissible purpose/false pretenses FCRA claim against auto lender in Alabama federal court.
  • Obtained dismissal of appeal to U.S. Court of Appeals for the Eleventh Circuit for lack of subject matter jurisdiction.
  • Successfully compelled arbitration in multiple consumer finance actions.
  • Obtained summary judgment dismissal of Malicious Prosecution claim and various state law claims in Florida federal court.
  • Obtained dismissal of state law claims on grounds of Fair Credit Reporting Act preemption in Arkansas federal court.
  • Retained to defend educational institution in TCPA solicitation class action.
  • Represents numerous financial institutions defending TCPA claims across the country.
  • Represents numerous financial institutions defending FCRA claims, including claims alleging impermissible accessing of credit reports and failure to investigate across the country.
  • Defends and prosecutes escalated reverse mortgage claims in state and federal court across the country.
  • Obtained U.S. Court of Appeals for the Eleventh Circuit affirmance of dismissal of FDCPA claim against national credit card company furthering Circuit split.
  • Obtained dismissal of qui tam action, alleging submission of false claims to the FDIC.
  • Obtained dismissal of state law claims based on FCRA preemption in case of first impression in Arkansas.
  • Obtained U.S. Court of Appeals for the Sixth Circuit affirmance of summary dismissal of permissible purpose FCRA claim against auto lender.

Honors & Recognitions

  • Listed in The Best Lawyers in America®, Banking and Finance Law since 2016, Commercial Litigation since 2022, Mass Tort Litigation/Class Actions - Defendants since 2022, Insurance Law (2024)
  • Mid-South Super Lawyers, Consumer Law (2018-2021, 2023)
  • Alabama Super Lawyers, "Rising Star," Appellate (2011)

Newsroom

Speaking Engagements

  • Speaking Engagement
    "The Art of Direct and Cross Examination," Defense Research Institute, Trial Skills and Damages Seminar
  • Speaking Engagement
    "Servicing for Loan Officers," National Reverse Mortgage Association Western Regional Meeting
  • Speaking Engagement
    "Effective Direct and Cross Examination," University of Alabama School of Law CLE
  • Speaking Engagement
    "At the Corner of Technology & Consumer Law, Telephone Consumer Protection Act - Panel 1 Prerecorded Calls, Called Party and Punitive Damages," 2016 Annual Florida Bar Convention
  • Speaking Engagement
    "The Class Action Fairness Act," American Conference institute’s 20th National Forum on Consumer Finance Class Action Litigation, Class Action and Mass Action Developments
  • Speaking Engagement
    "Defending Against New and Emerging Claims Relating to Credit, Debit, and Prepaid Cards and Bank Add-On Service Products, " American Conference Institute's 18th National Forum on Consumer Finance
  • Speaking Engagement
    "Reverse Mortgage and HECM Litigation Trends," American Conference Institute’s 3rd National Summit on Reverse Mortgage Lending
  • Speaking Engagement
    "Call Me Maybe . . . Or Maybe Not - Differing Judicial Opinions About What Constitutes Revocation of "Prior Express Consent" Under the Telephone Consumer Protection Act," Defense Research Institute, The Whisper
  • Speaking Engagement
    "Identifying and Avoiding Trouble Spots In TCPA Claims," American Conference Institute’s 11th National Conference on Consumer Finance Class Actions & Litigation, Chicago, IL
  • Speaking Engagement
  • Speaking Engagement
    "Emerging Issues Defending Debt Collection Actions," American Conference Institute’s 9th National Conference on Consumer Finance Class Actions & Litigation, New York, NY

Articles

Blog Posts

Professional & Community

Civic Activities

  • Birmingham Bar Association Civil Courts Procedure Committee (2009-2010)
  • Foundry Junior Board
  • Member of the servant team for his Sunday school class

Professional Activities

  • Alabama State Bar
  • Mississippi Bar Association
  • Georgia State Bar
  • Florida Bar Association

Paralegal/Assistant

Legal Practice Assistant

Jayna Carlin
(205) 458-5408
jcarlin@burr.com

Burr
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