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Joshua C. (Josh) Dickinson

Partner

Joshua C. Dickenson square head shot

T 402.965.8600
F 402.965.8601
jdickinson@spencerfane.com


Josh Dickinson is a partner in the firm’s Litigation and Dispute Resolution and Labor and Employment Groups. He represents businesses and professionals across a wide spectrum of disputes, including intellectual property, employment, construction, and creditor’s rights. He also has significant experience in representing clients in complex commercial litigation, including class action and multi-jurisdictional disputes. Josh has successfully litigated dozens of cases involving commercial trade secrets, post-employment covenants not-to-compete, and other employment issues in Missouri, Kansas, Nebraska, and elsewhere. In the construction field, Josh has represented a variety of general contractors, subcontractors, and owners in settings from underground caves to high-rise hotels.

Josh has developed significant experience in defending credit agencies, creditors, and law firms from individual and class action claims brought under the Fair Debt Collection Practices Act (FDCPA), Telephone Consumer Protection Act (TCPA), Fair Credit Reporting Act (FCRA), various state consumer protection statutes, and common law fraud. Josh acts as regional and national counsel for several debt collection agencies and law firms. He has previously served as the Nebraska State Compliance Chair for the Association of Credit and Collection Professionals (ACA) International, and on the ACA’s Council of Delegates. Josh is a regular speaker/contributor on FDCPA compliance and litigation issues.

Josh has represented his clients in dozens of jurisdictions and through all phases of the litigation process, including pre-filing negotiations, mediation, discovery, arbitration, bench trial, and jury trial. In addition, Josh is a member of the firm’s Appellate Practice Group and has authored briefs before the United States Court of Appeals for the Eighth Circuit, United States Court of Appeals for the Tenth Circuit, Supreme Court of Missouri, Missouri Court of Appeals, Kansas Court of Appeals, and Wisconsin Court of Appeals.

Josh began his career in private practice at the Spencer Fane Kansas City, Missouri office. After six years in Kansas City, Josh joined the firm’s office in Omaha, Nebraska. He is currently licensed and actively practices law in the state and federal courts of Missouri, Kansas, Nebraska, and Iowa.

Josh received his law degree in 1999 from Creighton University School of Law in Omaha, Nebraska, where he graduated magna cum laude and was a published Law Review member. He also sat on Creighton’s moot court and client counseling boards. Josh received his bachelor’s degree in psychology and Spanish, summa cum laude, from Morningside College, Sioux City, Iowa.

Representative Experience

Litigation: Trials

  • Portfolio Recovery Associates, LLC v. Guadalupe Mejia (Circuit Court of Jackson County, Missouri; 1216CV-34184; 2012).  Lead trial counsel in jury trial arising from FDCPA counterclaims.
  • Michael Gallner, as Personal Representative of the Estate of Judy Hoffman, et al. v. C. Gregg Larson (District Court of Douglas County, Nebraska, 1082-734; 2008). Lead trial counsel in four-day bench trial defending attorney from claims of legal malpractice and breach of fiduciary duty. Judgment for Defendant.
  • Morlyne Young v. LVNV Funding, LLC (U.S. District Court-Eastern District of Missouri; 4:12-cv-01180; 2012). Lead trial counsel in two-day jury trial defending a debt owner from allegations of violations of the FDCPA and FCRA causing severe emotional distress and seeking equitable relief and punitive damages. Defense verdict.
  • Independence Receivables Corporation vs. Andrea Turk Dansby (Circuit Court of Jackson County, Missouri, 0816-CV02381; 2010). Lead trial counsel in five-day jury trial defending debt collection agency from allegations of violations of the FDCPA and common laws claims causing severe emotional distress. Defense verdict.
  • James E. Jackson v. Susan Rawlings d/b/a New Century Sales (District Court of Douglas County, Nebraska, 1079-683; 2009). Plaintiff’s counsel in business dispute over monies owed per contract. Full Plaintiff’s verdict.
  • MGL Management Limited v. A.O., Inc., et al. (Circuit Court of Jackson County, Missouri, 03CV223324; 2007). Represented personal guarantor in five-day jury trial seeking collection of defaulted business loan. Defense verdict.

Litigation: Class Actions

  • Genay Glasgo v. Merchants Credit Adjusters, Inc. (U.S. District Court-Southern District of Florida, 8:17-cv-02794; 2017).  Defense counsel in FDCPA class action lawsuit.
  • Barry Stimpson v. Midland Credit Management, Inc., et al. (U.S. District Court-Idaho, 4:17-cv-00431; 2017).  Defense counsel in FDCPA class action lawsuit.
  • Stacy Van Gorp v. Commerce Bank (U.S. District Court-Southern District of Iowa, 4:17-cv-00189, 2017).  Defense counsel in FCRA class action lawsuit.
  • Deborah Breedlove v. Jefferson Capital Systems, LLC (Circuit Court of Jackson County, Missouri, 1716-CV18600, 2017).  Defense counsel in Missouri Merchandising Practice s Act (“MMPA”) class action lawsuit.
  • Casson Ray Smith, et al. v. Quality Recovery Services, Inc. (U.S. District Court-Western District of Oklahoma, 5:17-cv-00715; 2017).  Defense counsel in FDCPA class action lawsuit.
  • Jessica Evans v. Fenton & McGarvey Law Firm, P.S.C, et al. (U.S. District Court-Colorado, 1:17-cv-02144, 2017).  Defense counsel in FDCPA class action lawsuit.
  • Willis Johnson v. Cavalry Portfolio Services, LLC, et al. (U.S. District Court-Western District of Missouri, 2:17-cv-04091, 2017).  Defense counsel in FDCPA class action lawsuit.
  • Joseph Menichiello v. CapFusion LLC, et al. (U.S. District Court-Southern District of California, 8:17-cv-00717; 2017).  Defense counsel in FCRA class action lawsuit.
  • George May v. NCEP LLC (U.S. District Court-Eastern District of Missouri, 4:17-cv-00970, 2017).  Defense counsel in FDCPA and MMPA class action lawsuit.
  • Jannette Taylor v. Merchants Credit Adjusters, Inc., et al. (U.S. District Court-Nebraska, 8:16-cv-00452; 2016).  Defense counsel in FDCPA class action lawsuit.
  • Kelly Bassett v. Credit Bureau Services, Inc., et al. (U.S. District Court-Nebraska, 8:16-cv-00449; 2016).  Defense counsel in FDCPA class action lawsuit.
  • Rebecca Eggebraaten v. Messerli & Kramer, P.A., et al. (U.S. District Court-Nebraska, 4:16-cv-03110; 2016).  Defense counsel in FDCPA class action lawsuit.
  • Webcollex, LLC d/b/a CKS Financial v. Craig Burk (Circuit Court of Clay County, Missouri, 16CY-CV04808-01; 2016).  Lead counsel in defending class action counterclaim in FDCPA lawsuit.
  • Shaunna Briles v. Tiburon Financial, L.L.C., et al. (U.S. District Court-Nebraska, 8:15-cv-00241; 2015).  Defense counsel in FDCPA class action lawsuit.
  • Portfolio Recovery Associates, LLC v. Douglas Tye (Circuit Court of Jackson County, Missouri, 1516-CV18978; 2015).  Lead counsel in defending class action counterclaim in FDCPA lawsuit.
  • LVNV Funding, LLC v. Linda Mavaega (Circuit Court of Jackson County, Missouri, 1416-CV24917; 2014).  Lead counsel in defending class action counterclaim in FDCPA lawsuit.
  • Portfolio Recovery Associates, LLC v. Brandon Turner (Circuit Court of Lonoke County, Arkansas, 43CV-14-521; 2014). Lead counsel in defending class action counterclaim in FDCPA lawsuit.
  • Cavalry Investments, LLC v. Brian Cook (Circuit Court of Boone County, Missouri, 12BA-CV03134; 2014). Co-lead counsel in defending class action counterclaim in FDCPA lawsuit.
  • Jessica Jones v. Credit Control, LLC, et al. (Circuit Court of St. Louis County, Missouri, 13SL-CC03223; 2013). Defense counsel in TCPA class action lawsuit.
  • Walter Henningsen v. Cavalry SPV I, LLC, et al. (U.S. District Court-Western District of Missouri, 6:13-cv-03409; 2013). Local counsel in defending FDCPA class action lawsuit.
  • Rosetta Jennings, et al. v. Bonus Building Care, Inc. (U.S. District Court-Western District of Missouri, 4:13-cv-00663; 2013). Local counsel in defending RICO class action lawsuit.
  • Kirby Amos v. Encore Receivable Management, Inc. (U.S. District Court-Eastern District of Missouri, 4:13-cv-01586; 2013). Local counsel in defending FDCPA class action lawsuit.
  • Renee Bjorn v. Jerry Erwin Associates, Inc., et al. (U.S. District Court-District of Kansas, 2:13-cv-02419; 2013). Local counsel in defending FLSA collective action lawsuit.
  • Malena Hinten, et al. v. Midland Funding, LLC. (U.S. District Court-Eastern District of Missouri, 2:13-cv-00054; 2013). Defense counsel in FDCPA class action lawsuit.
  • Ladon Schmidt v. Encore Receivable Management, Inc. (U.S. District Court-Eastern District of Missouri, 4:13-cv-01090; 2013). Local counsel in defending FDCPA class action lawsuit.
  • Lisa Birge, et al. v. Aaron Smeall, et al. (U.S. District Court-Nebraska, 8:13-cv-00136; 2013). Defense counsel in FDCPA class action lawsuit.
  • Ashley Kircher v. Apelles, L.L.C. (U.S. District Court-Eastern District of Missouri, 4:13-cv-00892; 2013). Local counsel in defending FDCPA class action lawsuit.
  • Monique Andrade v. Capital Management Services, L.P. (U.S. District Court-Eastern District of Missouri, 4:13-cv-01276; 2013). Defense counsel in FDCPA class action lawsuit.
  • American Tile and Marble Co., et al. v. All Granite & Marble Corp. (U.S. District Court-Nebraska, 8:13-cv-00089; 2013). Defense counsel in TCPA class action lawsuit.
  • Jan Adamson v. Check Plus Systems, L.P. d/b/a CPS Security (U.S. District Court-Eastern District of Missouri, 4:13-cv-00686; 2013). Local counsel in defending FDCPA and TCPA class action lawsuit.
  • Brenda Stewart, et al. v. Firstsource Advantage, LLC (U.S. District Court-Eastern District of Missouri; 4:13-cv-00271; 2013). Defense counsel in FDCPA class action lawsuit.
  • Lisa Birge, et al. v. Brumbaugh & Quandahl, P.C., LLO, et al. (U.S. District Court-Nebraska; 8:13-cv-00008; 2013). Defense counsel in FDCPA class action lawsuit.
  • Jenny Brown, et al. v. Torres Credit Services, Inc., et al. (U.S. District Court-Eastern District of Missouri, 4:12-cv-01906; 2012). Defense counsel in TCPA class action lawsuit.
  • Jamison Brummel, et al. v. Progressive Financial Services, Inc. (U.S. District Court-Kansas, 2:12-cv-02544; 2012). Defense counsel in TCPA class action lawsuit.
  • Yehuda Katz v. ABP Corporation (U.S. District Court-Eastern District of New York, 1:12-cv-04173; 2012). Plaintiffs’ counsel in FACTA class action lawsuit.
  • Resurgent Capital Services LP v. Michael Thomason (Circuit Court of Polk County, Kansas, 12PO-AC00339; 2012). Counsel to collection law firm and debt buyer in FDCPA class action counterclaim.
  • Andrew Beson v. Park Nicollet Health Services, et al. (U.S. District Court-District of Minnesota, 0:12-cv-02171; 2012). Plaintiffs’ counsel in FACTA class action lawsuit.
  • Shawn Wood, et al. v. Virtuoso Sourcing, LLC, et al. (U.S. District Court-Kansas, 2:11-cv-02691; 2011). Defense counsel in FDCPA and TCPA class action lawsuit.
  • John Galloway v. The Kansas City Landsmen LLC, et al. (U.S. District Court-Western District of Missouri, 4:11-cv-01020; 2011). Plaintiffs’ counsel in FACTA class action lawsuit.
  • Gemini Capital Group, LLC v. Jason Barton, et al. (Circuit Court of Greene County, Missouri, 1131-CV02497; 2011). Counsel to collection agency in FDCPA class action counterclaim.
  • Gemini Capital Group, LLC v. Thomas Graves, et al. (Circuit Court of Greene County, Missouri, 1231-CV13738; 2011). Counsel to collection agency in FDCPA class action counterclaim.
  • Marcia Edwards v. Anthony A. Petrocchi d/b/a Anthony A. Petrocchi, P.C. (U.S. District Court-Eastern District of New York, 1:11-cv-04640; 2011). Lead counsel in defending FDCPA class action lawsuit.
  • Samuel Stewart, et al. v. Vion Holdings LLC and Gamache & Myers, P.C. (U.S. District Court-Western District of Missouri, 4:11-cv-00671; 2011). Counsel defending FDCPA class action lawsuit. (U.S. District Court-Eastern District of New York, 1:11-cv-04640; 2011). Lead counsel in defending FDCPA class action lawsuit. (U.S. District Court-Western District of Missouri, 4:11-cv-00671; 2011). Counsel defending FDCPA class action lawsuit.
  • David Michael Batchelder, et al. vs. Palmer’s Food Company, Inc. d/b/a Palmer’s Deli & Market, et al. (U.S. District Court-Northern District of Iowa, 4:11-cv-00259; 2011). Plaintiffs’ counsel in FACTA class action lawsuit.
  • Brady Keith, et al. vs. Back Yard Burgers of Nebraska, Inc., et al. (U.S. District Court-Nebraska, 8:11-cv-00135; 2011). Plaintiffs’ counsel in FACTA class action lawsuit.
  • Gemini Capital Group, LLC v. Daniel Tripp, et al. (Circuit Court of Greene County, Missouri, 1031-CV13263; 2010). Counsel to collection agency in FDCPA class action counterclaim.
  • Rachel Curnal, et al. vs. LVNV Funding LLC (U.S. District Court-Kansas, 2:10-cv-02610; 2010). Lead counsel in defending FDCPA class action lawsuit.
  • Randy Waterman, et al. vs. GCC Alliance Concrete, Inc., et al. (U.S. District Court-Northern District of Iowa, 5:10-cv-04038; 2010). Co-lead counsel in defending anti-trust lawsuit against concrete company accused of price fixing.
  • Darlene Garrett, et al. vs. Regent Asset Management Solutions, Inc., et al. (U.S. District Court-Northern District of Ohio, 1:10-cv-00566; 2010). Lead counsel in defending’ FDCPA class action lawsuit.
  • Jeff Veerhussen, et al. vs. Capital Management Services, LP, et al. (U.S. District Court-Nebraska, 8:09-cv-00354; 2009). Local counsel in defending FDCPA class action lawsuit.
  • Nathanial Johnson, et al. vs. Law Offices of Brachfeld & Associates, et al. (U.S. District Court-Nebraska, 8:09-cv-00336; 2009). Local counsel in defending FDCPA class action lawsuit.
  • Jason Szabo, et al. vs. Regent Asset Management Solutions (U.S. District Court-Minnesota, 0: 09-cv-03463; 2009). Lead counsel in defending FDCPA class action lawsuit.
  • Miranda Blodgett, et al. vs. Regent Asset Management Solutions, Inc. et al. (U.S. District Court-Minnesota, 0:09-cv-03210; 2009). Lead counsel in defending FDCPA class action lawsuit.
  • Edward Morgan, et al. vs. Dennis Scott Carruthers, et al. (U.S. District Court-Southern District of Ohio, 2:09-cv-00750; 2009). Lead counsel in defending FDCPA class action lawsuit.
  • Laraine Harris, et al. vs. D. Scott Carruthers & Assoc., et al. (U.S. District Court-Nebraska, 8:09-cv-00154; 2009). Lead counsel in defending FDCPA class action lawsuit.
  • Edward J. Nazar, et al. vs. Wolpoff & Abramson LLP (U.S. District Court-Kansas, 2:07-cv-02025; 2007). Co-lead counsel in defending FDCPA class action lawsuit.
  • Robert Lavender, et al. vs. Wolpoff & Abramson, LLP, et al. (U.S. District Court-Western District of Missouri, 4:07-cv-00015; 2007). Co-lead counsel in defending FDCPA class action lawsuit.
  • Isabelle Auffert, et al. vs. Wolpoff Abramson, L.L.P. (Circuit Court of Jackson County, Missouri, 0516-CV26608; 2005). Co-lead counsel in defending FDCPA class action lawsuit.
  • New Century Health Quality Alliance, et al. vs. Blue Cross and Blue Shield of Kansas City, Inc., et al. (U.S. District Court- Western District of Missouri, 4:05-cv-00555; 2005). Counsel for national insurance company accused of anti-trust and other business torts.
  • James Mirabile, M.D., et al. vs. Blue Cross Blue Shield of Kansas City, et al. (District Court of Wyandotte County, Kansas, 05CV000307; 2005). Counsel for national insurance company accused of anti-trust and other business torts.
  • Gary and Kathy Henry, et al. vs. The Dow Chemical Company (Circuit Court of Saginaw County, Michigan, 03-47775; 2003). Plaintiffs’ counsel in class action on behalf of land owners whose property was allegedly contaminated due to negligent intrusion of dioxin.

Memberships

  • ACA International
  • Iowa Bar Association
  • Kansas Bar Association
  • Missouri Bar Association
  • Nebraska Bar Association
  • Omaha Bar Association
  • Receivables Management Association
  • The National Creditors Bar Association
  • Nebraska Collectors Association

Distinctions

  • Council of Delegates – ACA International

Contact Josh Dickinson at 402.965.8600 or jdickinson@spencerfane.com.