Mark Levin

Mark J. Levin

Senior Counsel

Mark J. Levin is a Senior Counsel at Ballard Spahr and a member of the firm’s Consumer Financial Services Group and Litigation Department. His practice is focused on consumer financial services litigation, and he has particular experience in the structuring and enforcement of consumer arbitration clauses and the defense of financial services companies and insurance companies in consumer class actions.

Mr. Levin helped pioneer the use of class action waivers in consumer arbitration agreements and played a leading role in opposing the Consumer Financial Protection Bureau’s arbitration rule. In 2007, he testified for the lending industry before a subcommittee of the U.S. House Judiciary Committee at an oversight hearing on whether mandatory arbitration provisions in consumer contracts are fair to consumers.


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, 2016-2023

Speaking Engagements

Villanova University School of Law, past lecturer, consumer arbitration


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



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)



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