Visa and Mastercard $167.5 Million Non-Bank ATM Fee Settlement: File by February 10, 2027

The case is Burke v. Visa Inc., Case No. 1:11-cv-01882, before Judge Richard J. Leon in the U.S. District Court for the District of Columbia. It was filed in October 2011 alongside two related cases, and it has been in court for about fifteen years.

When you use an ATM not tied to your own bank, the machine's owner usually charges a surcharge, also called an access fee. The plaintiffs say Visa and Mastercard network rules barred independent ATM operators from charging a lower fee when a withdrawal could be routed over a cheaper competing network. They argue those rules were a form of price fixing that violated the Sherman Act and the antitrust laws of California, Illinois, Massachusetts, and Michigan, so cardholders paid more at independent ATMs than they should have.

Visa and Mastercard deny the claims, and the court has not ruled that either company broke the law. The settlement was signed on August 22, 2025, and Judge Leon granted preliminary approval on August 14, 2026.

How this differs from the related ATM cases

Three related suits were filed in October 2011. Mackmin v. Visa covers fees paid at bank-operated ATMs and has already produced two settlements: $67 million with certain banks, approved August 22, 2022, and $197.5 million with Visa and Mastercard, approved June 20, 2025. National ATM Council v. Visa is brought by ATM operators, not consumers. The Burke settlement covers only fees paid at independent, non-bank ATMs, so filing in Mackmin did not file you here.

You are in the nationwide class if all of these are true:

• You paid an access fee (surcharge) to withdraw cash at an independent ATM, meaning a machine not owned by Visa, Mastercard, a bank, or another financial institution. Machines in convenience stores, gas stations, bars, casinos, and airports are often independent.
• The ATM was in the United States or a U.S. territory.
• You used an ATM card or PIN-debit card to take cash from a deposit account.
• The withdrawal happened between October 24, 2007 and August 14, 2026.
• Your bank did not fully reimburse the fee.

People who were in California, Illinois, Massachusetts, or Michigan when they paid the fee are also members of statewide classes. Credit card cash advances, prepaid card withdrawals, and fees your bank refunded in full do not count. Visa, Mastercard, their officers and affiliates, government entities, and the judge's staff are excluded.

If you had a checking account that refunded out-of-network ATM fees, only unreimbursed fees count. For background on how classes are defined, see how to know if you qualify for a settlement.

After fees, costs, taxes, and service awards, the net fund is split among valid claims. Each claimant gets a pro rata share based on the number of qualifying surcharged transactions they report, so a person who paid the fee 200 times should receive more than someone who paid it 5 times. The notice says nobody can know the per-transaction amount in advance because it depends on how many transactions are claimed in total.

If class counsel receives the full 30% it will seek, roughly $117 million or less would be left for claimants before other costs. That figure is our arithmetic from the notice, not an estimate from the administrator. Leftover money goes to a nonprofit or other court-approved recipient, known as a cy pres award; none of it goes back to Visa or Mastercard. See how class action money is divided for how pro rata math usually plays out.

1. Go to the official settlement website linked above (NonbankATMSurchargeSettlement.com) and open the online claim form, or call 1-866-893-1052 to request a paper form.
2. Enter your name, mailing address, phone number, and a working email address. Payments are sent by email, so use one you check.
3. Confirm that the surcharged withdrawals were made with an ATM or PIN-debit card, not a credit or gift card.
4. Estimate the number of times between October 24, 2007 and August 14, 2026 that you paid an unreimbursed surcharge at an independent U.S. ATM.
5. Submit online by February 10, 2027, or mail a paper form postmarked by that date to Non-Bank ATM Surcharge Fee Settlement, c/o A.B. Data, Ltd., P.O. Box 173053, Milwaukee, WI 53217.

The claim form says you do not need to provide documentation when you file, but the administrator may later ask for proof that supports your claim. Old bank statements that show ATM surcharges, or a list of places where you regularly used independent ATMs, will help if you are asked. Make your estimate reasonable; the form is signed under penalty of perjury. Our guide to settlements with no proof required explains how these estimates are checked.

Payments will be offered through digital options such as PayPal or a virtual debit card, and you can ask for a mailed check. The settlement administrator, A.B. Data, also takes questions at info@NonbankATMSurchargeSettlement.com.

As of September 2026, the settlement is open for claims and no payments have been made. The administrator expects to send payments within about six months after final approval if there are no appeals, so the earliest realistic payment window is the second half of 2027. You can track progress with our guide on how to check a settlement's status.

To opt out, mail a signed letter saying you want to be excluded from the settlement in Burke v. Visa Inc., No. 1:11-cv-01882, with your name, address, phone, and email. It must be received by December 11, 2026 at Non-Bank ATM Surcharge Fee Settlement, ATTN: EXCLUSIONS, P.O. Box 173001, Milwaukee, WI 53217. Opting out keeps your right to sue Visa and Mastercard yourself, but you will get no payment. For almost everyone, individual ATM fee losses are too small to justify a separate suit.

To object, you stay in the class and mail or file a written objection with the court, postmarked by December 11, 2026, stating why you object and whether you plan to speak at the hearing. You can object and still file a claim. Our guide on opting out or objecting walks through both.

If you miss the February 10, 2027 claim deadline and did not opt out, you get nothing and still release your claims against Visa and Mastercard. Courts sometimes accept late claims before payments are calculated, so contact the administrator right away if you are late.

If you were charged ATM fees in a specific store program, see the Bank of America 7-Eleven ATM settlement. Bank fee disputes that are not settled yet are covered on our overdraft and NSF fee lawsuits page. Other antitrust settlements that pay consumers include the beef price-fixing settlement. To take part in this one, file on the official settlement website linked above before February 10, 2027, and ignore anyone who asks for a fee to file for you; see settlement scams.