Mark J. Levin

Senior Counsel
Philadelphia

Mark J. Levin is known for his work in complex commercial, insurance, and class-action litigation, with particular experience in consumer finance litigation, the structuring and enforcement of consumer arbitration clauses, and the defense of insurance companies in class actions. He testified in 2007 for the lending industry before a subcommittee of the U.S. House Judiciary Committee at an oversight hearing on whether mandatory arbitration in consumer contracts is fair to consumers.

Mark has represented banks in defending against the first private class-action lawsuits under the Federal Trust Indenture Act, nuclear power plant owners in a year-long arbitration against an international insurance consortium, and school districts in a major funding lawsuit to recover state funds. He is currently involved in defending banks, other lending companies, and insurance companies in a wide variety of consumer class actions, including numerous class actions brought under the Pennsylvania Unfair Trade Practices and Consumer Protection Law.

Experience 

Representative Matters

Consumer Financial Services

  • Clerk v. ACE Cash Express, Inc., No. 09-05117, 2010 U.S. Dist. LEXIS 7978 (E.D. Pa. Jan. 29, 2010), in which the federal district court enforced a consumer arbitration agreement containing a class action waiver because the consumer was given an unconditional right to opt out of the arbitration agreement within 30 days after obtaining her loan and, therefore, could not establish procedural unconscionability as a matter of Pennsylvania law 
  • Kaneff v. Delaware Title Loans, Inc., 587 F.3d 616 (3d Cir. 2009), where the Third Circuit upheld the validity of a class action waiver in an automobile title loan agreement and compelled individual arbitration of the plaintiff’s usury claims, holding that the class action waiver was not unconscionable under Pennsylvania law even though the plaintiff was seeking less than $900 in damages
  • Jenkins v. First American Cash Advance of Georgia, Inc., 400 F.3d 868 (11th Cir. 2005), where the Eleventh Circuit Court of Appeals reversed a federal district court decision that had denied the defendants' motion to compel arbitration on the ground that the arbitration agreement was unconscionable under Georgia law because it contained an express class action waiver

Professional Highlights

Judicial Clerkships

Hon. John Biggs, U.S. Court of Appeals for the Third Circuit, 1977-1978

Professional Activities

University of Pennsylvania, instructor

Recognition & Accomplishments

The Legal 500 US, Finance - Financial Services: Regulatory, 2016 

Speaking Engagements

Villanova University School of Law, past lecturer, consumer arbitration

Publications

Has written more than 15 articles on consumer arbitration, banking and securities litigation, and constitutional issues, including articles on consumer financial services arbitration, appearing annually in The Business Lawyer

Credentials 

Education

Villanova University School of Law (J.D. 1977)
Managing Editor, Villanova Law Review, 1976-77

University of Pennsylvania (Ph.D. 1974)

New York University (B.A. 1970; M.A. 1971)

Admissions

Pennsylvania

U.S. District Court for the Eastern District of Pennsylvania

U.S. Court of Appeals for the Third Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the 11th Circuit

U.S. Supreme Court