Settlement
Claims open

Visa and Mastercard ATM fee settlement

$167.5 million: $88,775,000 from Visa and $78,725,000 from Mastercard. Fees, costs, taxes, up to $3 million in notice and administration costs and service awards come out first; the rest goes to claimants and does not revert to Visa or Mastercard. source

Burke, et al. v. Visa Inc., et al. · No. 1:11-cv-01882 (RJL) · U.S. District Court for the District of Columbia · Judge Richard J. Leon

Where it stands

Claims open: 91 days left to file, until Feb 10, 2027.

The court granted preliminary approval on August 14, 2026. Claims are open until February 10, 2027 and the fairness hearing is set for February 17, 2027; no payments until the court approves the settlement and any appeals are resolved. Official update, Nov 12, 2026

File a claim on the official site
  1. File online on the official site, or download the claim form and mail it to Non-Bank ATM Surcharge Fee Settlement, c/o A.B. Data, Ltd., P.O. Box 173053, Milwaukee, WI 53217.
  2. Enter the Notice ID if you got an email notice, plus your name, address, mobile number and email address; payments are sent digitally, so both must work.
  3. Confirm that you paid an unreimbursed surcharge at an independent ATM with an ATM or PIN-debit card between October 24, 2007 and August 14, 2026, and estimate how many times.
  4. Sign the certification under penalty of perjury. No documents are needed when you file, but the administrator can ask for bank statements later.
  5. Submit online or by mail postmarked no later than February 10, 2027.

MrScandal is not the settlement administrator and does not take claims. The administrator is A.B. Data, Ltd. (appointed in the court papers).

Who qualifies

  • People in the United States who, between October 24, 2007 and August 14, 2026, were charged a surcharge (access fee) to withdraw cash from their own deposit account at an independent ATM in the U.S. or its territories, using an ATM or PIN-debit card, and were not fully reimbursed by their bank. source
  • An independent ATM is one not owned by Visa, Mastercard or any bank or other financial institution. Credit card withdrawals, cash advances and prepaid card transactions do not count. source
  • Separate statewide classes cover fees paid at independent ATMs in California, Illinois, Massachusetts and Michigan. source
  • People who opted out of the earlier Mackmin ATM settlements with the banks or with Visa and Mastercard are still bound by this one unless they opt out of it separately. source
  • Not included: Visa, Mastercard and their officers, directors, employees and affiliates; government entities; and the judge, court staff and jurors in the case. source

What each group gets

WhoAmount
Each valid claimA pro rata share of the net settlement fund based on the number of qualifying surcharged transactions claimed. The notice says nobody can know in advance how much each payment will be.
How it is paidBy email with digital options such as PayPal or a virtual debit card, or a paper check on request.
Requested from the fund before claimantsClass counsel will ask for attorneys' fees of up to 30% of the fund plus costs and expenses, and service awards of up to $17,500 for each class representative. Notice and administration costs are capped at $3 million. The court decides the fee award.

Key dates

  1. Oct 24, 2011 First complaint filed, as Stoumbos v. Visa source
  2. Feb 13, 2013 District court dismisses the three coordinated ATM cases source
  3. Aug 4, 2015 D.C. Circuit reverses the dismissal; case reassigned to Judge Richard J. Leon source
  4. Aug 4, 2021 Class certification granted source
  5. Jul 25, 2023 D.C. Circuit affirms class certification source
  6. Apr 15, 2024 Supreme Court denies Visa and Mastercard's petition for review source
  7. Aug 22, 2025 Settlement agreement signed source
  8. Dec 18, 2025 Motion for preliminary approval filed source
  9. Aug 14, 2026 Preliminary approval order entered; A.B. Data appointed administrator; end of the class period source
  10. Dec 11, 2026 Deadline to opt out (received by the administrator) or to object (filed or postmarked) source
  11. Feb 10, 2027 Claim deadline source
  12. Feb 17, 2027 Fairness hearing, 4:00 p.m., Courtroom 18, U.S. District Court in Washington, D.C. source

What the case was about

Compiled by the MrScandal settlements desk from the documents below · Desk editor Laima Ērkšķe-Kreicberga · Updated Nov 12, 2026

When you take cash from an ATM that is not run by a bank, such as a machine in a convenience store, the operator adds a surcharge, or access fee. The class action says Visa and Mastercard's network rules barred these independent ATM operators from charging a lower fee when a withdrawal could be routed over a cheaper competing network. According to the plaintiffs, that is price fixing under the Sherman Act and the antitrust laws of California, Illinois, Massachusetts and Michigan, and it meant cardholders paid higher fees at independent ATMs than they otherwise would have.

The case is one of three parallel lawsuits filed in October 2011, alongside Mackmin v. Visa, for people who paid fees at bank-operated ATMs, and National ATM Council v. Visa, for ATM operators. A judge dismissed all three in February 2013. The D.C. Circuit revived them in August 2015; the Supreme Court took up Visa and Mastercard's appeal and then dismissed it as improvidently granted. Judge Richard J. Leon certified the classes in 2021, the D.C. Circuit affirmed in July 2023, and the Supreme Court declined to review that decision on April 15, 2024.

After a mediation before retired federal judge Layn Phillips in July 2025, the parties signed a $167.5 million settlement on August 22, 2025, with Visa paying $88,775,000 and Mastercard $78,725,000. Visa and Mastercard deny the claims. The agreement says it shall not "be deemed or construed to be an admission or evidence of any violation of any statute or law or of any liability or wrongdoing" by either company, and that money left after distribution does not go back to them. Judge Leon granted preliminary approval on August 14, 2026.

This settlement is separate from the Mackmin settlements for fees at bank-operated ATMs: $67 million from banks, approved on August 22, 2022, and $197.5 million from Visa and Mastercard, approved on June 20, 2025. A claim filed in those does not count here, and the notice says people may belong to more than one class.

Questions people ask

How much will I get from the Visa Mastercard ATM fee settlement?

It is not known yet. Each valid claim gets a pro rata share of the net fund based on the number of qualifying surcharged transactions claimed, and the notice says nobody can know the amount in advance. source

Do I need receipts or bank statements to file an ATM fee claim?

Not when you file. The claim form asks you to estimate how many times you paid an unreimbursed surcharge and to sign under penalty of perjury; the administrator can ask for bank statements or other documents later. source

What is the deadline for the ATM fee settlement?

February 10, 2027 for claims, online or postmarked. Requests to opt out must reach the administrator, and objections must be filed or postmarked, by December 11, 2026. source

Is this the same as the $197.5 million ATM settlement?

No. The $197.5 million settlement, approved on June 20, 2025, was in Mackmin v. Visa and covered fees at bank-operated ATMs. This $167.5 million settlement is for fees at independent, non-bank ATMs. You may be in both classes. source

When will ATM fee settlement payments be sent?

Not before the court decides on approval at the February 17, 2027 hearing. If it approves and no appeals are filed, the administrator expects to send payments within six months, by email with digital payment options or a check on request. source

Does a fee paid with a credit card count?

No. Only cash withdrawals from a deposit account with an ATM or PIN-debit card count; credit card transactions, cash advances and prepaid cards are excluded. source

Status history

  1. Oct 24, 2011 Cardholder class action over independent ATM surcharges filed in Washington, D.C. source
  2. Feb 13, 2013 Case dismissed; plaintiffs appeal. source
  3. Aug 4, 2015 D.C. Circuit reverses the dismissal. source
  4. Apr 15, 2024 Supreme Court denies review of class certification, leaving the certified class in place. source
  5. Aug 22, 2025 Visa and Mastercard sign the $167.5 million settlement. source
  6. Aug 14, 2026 Preliminary approval; claims period of 180 days set and A.B. Data appointed. source

Documents

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