Writer: Lucy Lazarony
Editor: Adam West
Reviewer: Ashley Fricker
Key Takeaways
- Consumers who withdrew money from a non-bank ATM and were charged a surcharge may be eligible to receive money in the proposed settlement of a $167.5 million lawsuit.
- The proposed settlement covers ATM transactions between Oct. 24, 2007 and Aug. 14, 2026.
- To receive money in the proposed settlement, consumers must submit a valid claim form no later than Feb. 10, 2027.
That extra charge at a non-bank ATM could make you eligible for a share of a proposed $167.5 million settlement.
The case is Burke v. Visa Inc., a class action lawsuit pending in the U.S. District Court for the District of Columbia.
The proposed settlement stems from allegations that Visa and Mastercard violated antitrust laws by prohibiting independent ATM operators from charging different ATM surcharges, also known as access fees.
The ATM operators allegedly were not allowed to offer discounts or charge cardholders lower surcharges if transactions could be processed on competing networks that cost less than the Visa and Mastercard networks.
Because of this, cardholders allegedly paid higher ATM surcharges than they should have, according to the settlement website. Visa and Mastercard deny any wrongdoing.
Who Could Get Settlement Money
Consumers may be included in the nationwide class if they were charged a surcharge for withdrawing cash from a deposit account using an ATM card or PIN debit card at an independent ATM in the United States or its territories.
An independent ATM is one not owned by Visa, Mastercard, a bank, or another financial institution.
Consumers may receive money from the proposed settlement if their ATM transactions took place between Oct. 24, 2007, and Aug. 14, 2026, and they were not fully reimbursed for the surcharges by their banks.
Credit card transactions, cash advances, and prepaid-card transactions are not included.
Statewide classes are also available in California, Illinois, Massachusetts, and Michigan. These classes are for consumers who were in one of those states when they were charged a surcharge for withdrawing cash at an independent ATM.
As with the nationwide class, the statewide classes cover ATM transactions made between Oct. 24, 2007, and Aug. 14, 2026, and are for consumers who were not fully reimbursed by their banks.
How to Claim Your Share
If the settlement is approved, the $167.5 million fund will cover attorneys’ fees, litigation expenses, notice and administrative costs, taxes, service awards for class representatives, and payments to eligible class members.
To receive money from the settlement, consumers must submit a valid claim form online or by mail by Feb. 10, 2027. Mailed claims must be postmarked by that date.
The share of the settlement a consumer receives will depend on the number of approved, qualifying ATM transactions the consumer submits. There is no set payment amount per consumer.
Payments will be distributed only if the court approves the settlement and any appeals are resolved.
Class members who do nothing will not receive money from the settlement. They will also give up the right to sue Visa and Mastercard separately over the claims resolved by the settlement.
Key Settlement Deadlines
Objections to the settlement must be filed with or mailed to the court and postmarked by Dec. 11, 2026.
Consumers who want to exclude themselves from the settlement must mail a request to the claims administrator. The request must be received by Dec. 11, 2026.
Class members may attend a settlement fairness hearing set for Feb. 17, 2027, at 4 p.m. Eastern time. At the hearing, the court will consider whether to approve the settlement.
The hearing is scheduled to take place at the U.S. District Court for the District of Columbia in Washington, D.C. The date, time, or format may change, so class members should check the settlement website for updates.
