Mark J. Levin

Mark J. Levin

Ballard Spahr LLP

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Third Circuit Follows Gomez on Mootness Issue, But Narrowly

In the wake of the U.S. Supreme Court's holding in Campbell-Ewald Company v. Gomez that an unaccepted Rule 68 offer of complete relief does not moot a plaintiff's individual claims, the U.S. Court of Appeals for the Third...more

4/8/2016 - Article III Campbell Ewald v Gomez Class Action Class Representatives Genesis Healthcare Corp. v. Symczyk Mootness Rule 68 SCOTUS Settlement Offer Standing TCPA

Director Cordray signals no change in direction regarding arbitration

At a presentation on February 18, 2016 to the American Constitution Society, CFPB Director Richard Cordray devoted most of his remarks to the subject of consumer arbitration. Director Cordray revealed that the effect on...more

2/22/2016 - Arbitration CFPB Class Action Arbitration Waivers Consumer Financial Products Financial Services Industry Richard Cordray

Unaccepted Rule 68 Offer Does Not Moot Plaintiff's Claims, SCOTUS Rules

The U.S. Supreme Court has ruled that an unaccepted Rule 68 settlement offer does not moot a class action even when the offer would provide the named plaintiff with complete individual relief. The decision in Campbell-Ewald...more

1/28/2016 - Campbell Ewald v Gomez Class Action Class Representatives Mootness Rule 68 SCOTUS Settlement Offer TCPA

Unaccepted Rule 68 Offer Does Not Moot a Plaintiff's Claims, U.S. Supreme Court Rules

The U.S. Supreme Court has ruled that an unaccepted Rule 68 settlement offer does not moot a class action even when the offer would provide the named plaintiff with complete individual relief. The decision in Campbell-Ewald...more

1/22/2016 - Article III Campbell Ewald v Gomez Mootness Putative Class Actions Rule 68 SCOTUS Settlement Offer Standing TCPA

U.S. Supreme Court Again Reverses California State Court on Arbitration

Resolving a split between the California Court of Appeal and the Ninth Circuit concerning the enforceability of the same DirectTV arbitration agreement, the U.S. Supreme Court ruled that the California Court of Appeal’s...more

12/18/2015 - Arbitration Agreements Class Action Arbitration Waivers DirectTV Federal Arbitration Act Preemption SCOTUS

CFPB Proposes Ban on Class Action Waivers

Today, the CFPB announced at a field hearing in Denver, Colorado that it is considering proposing rules that would prohibit consumer financial services companies from using class action waivers in consumer arbitration...more

10/8/2015 - Arbitration CFPB Class Action Class Action Arbitration Waivers Financial Institutions Small Business

CFPB to Consumer Financial Services Companies: Prepare to Wave Goodbye to Class Action Waivers

The Consumer Financial Protection Bureau (CFPB) is considering proposing rules that would prohibit consumer financial services companies from using class action waivers in consumer arbitration clauses, the CFPB announced...more

10/8/2015 - Arbitration Agreements AT&T Mobility v Concepcion CFPB Class Action Class Action Arbitration Waivers Class Certification Consumer Financial Products Financial Institutions Mandatory Arbitration Clauses SCOTUS Small Business

Setting the Record Straighter

Recently, Professor Jeff Sovern sent an email to the editor of the Consumer Financial Services Law Report commenting on an article we published in the August 9, 2015 issue of the Report titled, “CFPB Makes Consumer...more

9/23/2015 - Arbitration CFPB Class Action Consumer Financial Contracts Financial Institutions Settlement

Noted Scholars Critique the CFPB’s Arbitration Study and Find It Lacking

We have previously blogged about the comment letter concerning the CFPB’s March 10, 2015 Study on consumer arbitration that we submitted to the CFPB on behalf of the American Bankers Association, the Consumer Bankers...more

8/26/2015 - American Bankers Association Arbitration Arbitration Agreements Banking Sector CFPB Dispute Resolution Financial Institutions

Two Federal Circuit Courts Weigh In Ahead of Gomez

Just two months before the U.S. Supreme Court hears argument in Campbell-Ewald Co. v. Gomez, two federal circuit court panels have ruled on jurisdictional issues presented in the case. Both the Seventh Circuit in Chapman v....more

8/19/2015 - Article III Campbell Ewald v Gomez EFTA Electronic Fund Transfer Act Genesis HealthCare Genesis Healthcare Corp. v. Symczyk Jurisdiction Rule 23 Rule 68 SCOTUS TCPA

Professor Sovern’s comments about CFPB arbitration study numbers don’t add up

In a recent blog post, Professor Jeff Sovern responded to our blog post indicating that the CFPB’s March 10, 2014 Arbitration Study strongly supports the industry’s view that consumers fare better in arbitration than...more

8/18/2015 - American Arbitration Association Arbitration CFPB Class Action Dispute Resolution Financial Institutions

California Supreme Court Upholds Arbitration Clause, but Unconscionability Remains a Defense to Arbitration

The California Supreme Court issued its long-awaited decision in Sanchez v. Valencia Holding Company, LLC, on August 3, 2015, reversing a finding by the Court of Appeal that an arbitration provision was unconscionable...more

8/12/2015 - Appeals Arbitration AT&T Mobility v Concepcion Best Practices CA Supreme Court Class Action CLRA Corporate Counsel Federal Arbitration Act Injunctive Relief Putative Class Actions SCOTUS Unconscionable Contracts

Trade groups comment on CFPB final arbitration study results

The American Bankers Association, the Consumer Bankers Association and The Financial Services Roundtable (Associations) have filed a joint letter commenting on the final results of the CFPB’s arbitration study released in...more

7/15/2015 - Arbitration CFPB Dodd-Frank Trade Associations

Maryland High Court: Mandatory Arbitration Hinges on “Entire Agreement,” Not “Single-Document Rule”

A mandatory arbitration provision is enforceable even when not contained within the four corners of a retail installment sales contract between a consumer and an automobile dealer, Maryland's highest court has ruled....more

7/8/2015 - Arbitration Agreements Car Dealerships Mandatory Arbitration Clauses Retail Installment Sales Contracts

New empirical study of AAA arbitrations is a study in contradictions

A new empirical study of approximately 5,000 American Arbitration Association (AAA) consumer arbitrations conducted between 2009 and 2013 purports to find a “repeat player” effect favoring companies that previous researchers,...more

6/23/2015 - American Arbitration Association Arbitration CFPB Class Action

FTC Continues To Ban Mandatory Arbitration in Magnuson-Moss Warranty Claims

The Federal Trade Commission (FTC) recently announced its decision to retain a ban on mandatory arbitration provisions in warranty claims made under the Magnuson-Moss Warranty Act (MMWA). The FTC’s decision was announced in...more

6/4/2015 - Arbitration Dispute Resolution FTC Mandatory Arbitration Clauses Warranties

Supreme Court Ruling Could Alter Class Action Landscape

The U.S. Supreme Court has agreed to decide a case that could alter the landscape of federal class action litigation. Granting the defendant’s petition for certiorari in Campbell-Ewald Company v. Gomez, the Court will review...more

5/20/2015 - Article III Campbell Ewald v Gomez Class Action Mootness Rule 23 SCOTUS TCPA

Supreme Court To Decide California Arbitration Issue

On March 23, the U.S. Supreme Court granted certiorari in DirecTV, Inc. v. Imburgia, agreeing to resolve a split between the Ninth Circuit and California state courts on how to interpret the same DirecTV arbitration...more

3/26/2015 - Arbitration Arbitration Agreements Certiorari DirectTV Federal Arbitration Act Preemption SCOTUS

CFPB Releases Final Arbitration Study Results

The Consumer Financial Protection Bureau has released final results of its study of consumer arbitration as mandated by Section 1028 of the Dodd-Frank Act. Section 1028 provides that the CFPB, “by regulation, may prohibit or...more

3/10/2015 - Arbitration CFPB Consumer Financial Products Dodd-Frank

U.S. Supreme Court Denies Challenge to California Decision that PAGA Claims Cannot be Waived in Arbitration Agreements

The U.S. Supreme Court recently denied a petition for certiorari that challenged a California Supreme Court decision carving out an exception to the federal high court’s recent holdings in AT&T Mobility LLC v. Concepcion and...more

2/11/2015 - American Express v Italian Colors Restaurant Arbitration AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers Federal Arbitration Act Iskanian v CLS Transportation PAGA Petition for Writ of Certiorari Preemption SCOTUS

No Arbitration Where Employer Was Unable To Authenticate Employee's Electronic Signature on Arbitration Agreement

The California Court of Appeal, Fourth District, recently affirmed an order denying a petition to compel arbitration where the employer failed to present sufficient evidence that the employee electronically signed an...more

1/8/2015 - Appeals Arbitration Arbitration Agreements Authentication E-Signatures Employer Liability Issues

Class Action Not Mooted by Unaccepted Rule 68 Offers of Judgment to Putative Class Representatives, 11th Circuit Holds

The U.S. Court of Appeals for the 11th Circuit recently held that a class action was not mooted by the unaccepted offers of judgment made by the defendant to each putative class representative in the full amount of his or her...more

12/9/2014 - Appeals Class Action Mootness Offer of Judgment Putative Class Actions Rule 68

AFSA responds to state AG call for arbitration limits

The American Financial Services Association (AFSA) has sent a letter to Director Cordray responding to the letter sent to him last month by 16 Democratic state attorneys general calling on the CFPB to limit the use of...more

12/9/2014 - Arbitration Agreements CFPB Consumer Financial Products UDAAP

Further Thoughts on the St. John’s Consumer Arbitration Study

Jeff Sovern, through his Consumer Law & Policy Blog, recently responded to our criticism that the St. John’s study didn’t include arbitration provisions with opt-out features. Jeff makes the point that since consumers don’t...more

11/18/2014 - Arbitration Arbitration Agreements Class Action Federal Arbitration Act Opt-Outs

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