Non-Bank ATM Surcharge Settlement
Visa and Mastercard agreed to a proposed $167.5 million antitrust settlement over rules that allegedly kept independent ATM operators from offering lower surcharges on competing networks. People who paid unreimbursed fees for covered U.S. cash withdrawals from independent ATMs may claim a proportional share of the net fund. Claims are due February 10, 2027. Visa and Mastercard deny wrongdoing, and final approval is pending.
Benefit Summary
Eligible class members: available benefits include Pro rata cash payment.
Payments come from the $167,500,000.00 settlement fund and may change after approved deductions.
Available Awards
Pro rata cash payment
Who Is Included
People charged an access fee for a U.S. cash withdrawal from a deposit account at an independent ATM between October 24, 2007 and August 14, 2026, where their bank did not fully reimburse the fee. Covered transactions used an ATM or PIN-debit card, not a credit card, cash advance or prepaid card. Separate statewide classes cover qualifying transactions in California, Illinois, Massachusetts and Michigan. The notice lists corporate, government, judicial and other exclusions.
- Products included: Unreimbursed access fees for qualifying cash withdrawals at independent ATMs in the United States and its territories.
- Purchase window: Transactions from October 24, 2007 through August 14, 2026
- Proof required: The claim form asks for an estimate of qualifying transactions and a certification under penalty of perjury. No supporting documents are required when the claim is submitted, although the administrator may later request bank statements or other proof.
Claim and Payment Information
- Claim method: Online or U.S. mail
- Claim deadline: 2027-02-10
- Instructions: Submit the official claim online or mail a signed form postmarked by February 10, 2027. Confirm that you paid an unreimbursed surcharge for a qualifying independent-ATM withdrawal and estimate the number of covered transactions. Provide a current email address and mobile number for digital-payment notice. Keep records available in case the administrator later requests proof.
Questions & Answers
Who is included in the non-bank ATM settlement?
The nationwide class covers people charged an access fee for a U.S. cash withdrawal at an independent ATM between October 24, 2007 and August 14, 2026 when their bank did not fully reimburse the fee. The withdrawal must have come from a deposit account using an ATM or PIN-debit card.
Credit-card transactions, cash advances and prepaid-card transactions do not qualify. The notice also defines statewide classes for California, Illinois, Massachusetts and Michigan and lists several corporate, government and judicial exclusions.
What counts as an independent ATM transaction?
An independent ATM is not owned by a bank or other financial institution. A covered transaction is a cash withdrawal from a deposit account at a U.S. independent ATM using an ATM or PIN-debit card. The settlement does not cover a credit-card transaction, cash advance or prepaid-card transaction.
How will my payment be calculated?
Each approved claim receives a proportional share of the net fund based on the number of qualifying surcharged transactions submitted. The $167.5 million fund first pays Court-approved fees, costs, taxes, administration and service awards. The number of valid claims and transactions will determine individual payments, so no amount is guaranteed in advance.
Do I need receipts or bank statements to file?
The official claim form says no documentation is required at the time of submission. It asks you to estimate the number of qualifying transactions and certify the information under penalty of perjury. The administrator may later request bank statements or other proof, so keep any available records.
How and when do I submit a claim?
Submit the official online form or mail a completed and signed form postmarked by February 10, 2027. Give a current email address and mobile number because the administrator plans to send a digital-payment notice. That notice will offer choices such as PayPal or a virtual debit card and an option to request a mailed check.
When will settlement payments arrive?
The Court is scheduled to consider final approval on February 17, 2027 at 4:00 p.m. Eastern Time. Payments can be sent only after approval and any appeals. If there are no appeals, the administrator anticipates distributing payments within six months, but that is an estimate rather than a guaranteed date.
Are the related ATM lawsuits the same settlement?
No. This notice concerns Burke v. Visa Inc. and fees at independent ATMs. The notice also describes Mackmin v. Visa Inc., involving bank-operated ATMs, and National ATM Council v. Visa Inc., involving independent-ATM owners or operators. A person may be included in more than one class, and choices in Burke do not change rights in the other cases.
What happens if I do nothing?
You will receive no payment. You will remain in the class, be bound by the Court's decisions, and give up the right to sue Visa and Mastercard separately over the released claims.
How do opting out and objecting differ?
Opting out removes you from the settlement, preserves any individual rights over the released claims and makes you ineligible for payment. The mailed exclusion request must be received by December 11, 2026.
Objecting keeps you in the class and tells the Court why you oppose part or all of the settlement. The objection must be postmarked by December 11, 2026 and follow notice question 23. You may still file a claim if you object.
Other Important Dates
- Exclusion deadline: 2026-12-11
- Objection deadline: 2026-12-11
- Final approval hearing: February 17, 2027 at 4:00 p.m. ET
- Hearing location: U.S. District Court for the District of Columbia, 333 Constitution Avenue NW, Courtroom 18, Washington, D.C. 20001
Case Details
- Total settlement fund: $167,500,000.00
- Case name: Burke v. Visa Inc.
- Case number: 1:11-cv-01882
- Court: United States District Court for the District of Columbia
- Administrator: A.B. Data, Ltd.
- Official Settlement Website: https://www.nonbankatmsurchargesettlement.com/file
Sources
Claim form, FAQ, deadlines, administrator information
Court-approved notice describing eligibility and benefits