Visa and Mastercard Nonbank ATM Surcharge Class Action Settlement
Visa and Mastercard Nonbank ATM Surcharge Class Action Settlement
Visa and Mastercard have agreed to pay $167.5 million to settle Burke v. Visa Inc., a nationwide antitrust class action alleging that their network rules barred independent (non-bank) ATM operators from charging lower access fees when a withdrawal could be routed over a cheaper competing network, so cardholders paid higher ATM surcharges than they should have. Anyone in the United States who paid a surcharge to withdraw cash from an independent ATM between October 24, 2007 and August 14, 2026 and was not fully reimbursed by their bank can file a claim by February 10, 2027. Payments are a pro rata share of the net fund based on the number of surcharged withdrawals you report, and no documentation is required to file.
Settlement fund
$167.5M
Common fund
Top payout
Pro rata
Per surcharged withdrawal you claim
Claim deadline
Feb 10, 2027
151 days remaining
You may be owed money
Filing is free and takes a few minutes. Deadline: Feb 10, 2027.
Do you qualify?
You are a Class Member if ALL of the following apply:
- You were charged a surcharge (access fee) to withdraw cash from your deposit account using an ATM or PIN-debit card at an independent ATM, meaning one not owned by a bank, credit union, Visa, or Mastercard, located in the United States or its territories.
- The withdrawal happened between October 24, 2007 and August 14, 2026, and your bank did not fully reimburse the surcharge.
- You may also be part of a Statewide Class if you were in California, Illinois, Massachusetts, or Michigan when you were surcharged. You file one Claim Form either way.
- No documentation is required to file, although the Claims Administrator may later ask for proof supporting the number of transactions you report.
- Excluded: Credit card cash advances and prepaid card transactions, withdrawals at bank-owned ATMs (those are covered by the separate Mackmin v. Visa settlements), Visa and Mastercard and their officers, directors, employees, and affiliates, government entities, the judge and court staff, and anyone who timely opts out.
Not sure if you qualify? Call the Claims Administrator at 1-866-893-1052, email info@NonBankATMSurchargeSettlement.com, or visit NonBankATMSurchargeSettlement.com.
What happened
This case, filed in October 2011 in the U.S. District Court for the District of Columbia, is one of three parallel antitrust lawsuits challenging Visa and Mastercard's ATM network rules. Plaintiffs Peter Burke, Kent Harrison, Marin P. Heiskell, and Brian Byrnes allege that the networks' operating rules prohibited independent ATM operators from charging a lower access fee when a withdrawal could be processed over a competing network that cost less than Visa or Mastercard. The complaint characterizes those rules as price fixing under the Sherman Act and the antitrust laws of California, Illinois, Massachusetts, and Michigan, and alleges that cardholders paid inflated surcharges at independent ATMs as a result.
Visa and Mastercard deny the claims and deny that they did anything wrong, and the Court has not ruled in favor of either side. After formal mediation, the parties agreed to a settlement under which Visa will pay $88,775,000 and Mastercard $78,725,000, for a $167.5 million fund. This settlement covers withdrawals at independent ATMs only; the related Mackmin v. Visa case, covering bank-operated ATMs, has already produced $67 million and $197.5 million settlements, and the National ATM Council case covers ATM operators themselves. Choices you make here do not affect your rights in those cases.
How to file a claim
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1. Confirm you are eligible
You qualify if, at any time between October 24, 2007 and August 14, 2026, you paid a surcharge to withdraw cash from your bank account at an independent ATM in the United States (a machine in a convenience store, gas station, bar, or similar location that is not owned by a bank) and your bank did not fully reimburse that fee. Nearly two decades of transactions are covered, so most adults who have used a non-bank ATM are likely Class Members.
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2. Estimate your payment
Each approved claim receives a pro rata share of the Net Settlement Fund based on the number of qualifying surcharged withdrawals the claimant reports. The $167.5 million fund is reduced by attorneys' fees (up to 30%), litigation costs, taxes, notice and administration costs (up to $3 million), and service awards (up to $17,500 per class representative) before distribution. Because the per-transaction amount depends on how many transactions are claimed in total, nobody can predict an individual payment in advance. Any money left over goes to a Court-approved non-profit, not back to Visa or Mastercard.
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3. File online, by phone, or by mail
File online at NonBankATMSurchargeSettlement.com so it is received by February 10, 2027, or call 1-866-893-1052 to file by phone, or mail a paper Claim Form to: Non-Bank ATM Surcharge Fee Settlement, c/o A.B. Data, Ltd., P.O. Box 173053, Milwaukee, WI 53217, received by February 10, 2027. If you received an email notice, enter your Notice ID Number; if not, you can still file. You will report the number of surcharged withdrawals at independent ATMs and provide a current email address and mobile number, because payments are sent digitally. The Settlement Notice, Settlement Agreement, and court filings are on the Court Documents page.
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4. Receive your payment
If the Court grants final approval at the February 17, 2027 Fairness Hearing and no appeals are filed, the Claims Administrator anticipates sending payments within about six months. You will receive an email or text with digital payment options such as PayPal or a virtual debit card, with the option to request a paper check instead. Keep your email and mobile number current with the Administrator, because the payment notice goes to the contact information on your Claim Form.
Key dates
- Dec 11, 2026 Opt-out & objection deadline Upcoming
- Feb 10, 2027 Claim filing deadline Upcoming
- Feb 17, 2027 Final Fairness Hearing (4:00 p.m. ET, Courtroom 18, in person (Washington, DC)) Upcoming
- TBD after final approval Payments issued to claimants Pending
The Fairness Hearing is scheduled for February 17, 2027 at 4:00 p.m. Eastern before the Honorable Richard J. Leon in Courtroom 18 of the U.S. District Court for the District of Columbia, 333 Constitution Avenue NW, Washington, DC 20001. The hearing may be held electronically or moved without further notice, so check NonBankATMSurchargeSettlement.com before attending. Exclusion requests must be received, and objections postmarked, by December 11, 2026.
Where the money is going
This is a non-reversionary $167.5 million common fund, with Visa paying $88,775,000 and Mastercard paying $78,725,000. Attorneys' fees, litigation costs, taxes, notice and administration costs, and service awards come out of the fund before claimant shares are calculated. Each approved claimant receives a pro rata share based on the number of qualifying transactions claimed.
All amounts listed above are pending and subject to final court approval at the February 17, 2027 Fairness Hearing. The Court may award less than the fees and service awards requested. The estimated amount available to class members is Dapeer Law's arithmetic from the stated caps before litigation costs and taxes, not a figure from the notice, and the actual per-transaction payment depends on how many transactions are claimed.
Common questions
How much money will I receive?
Each approved claim receives a pro rata share of the Net Settlement Fund based on the number of qualifying surcharged withdrawals you report. The fund is $167.5 million before fees (up to 30%), costs, taxes, administration (up to $3 million), and service awards. Because the payment per transaction depends on the total number of transactions claimed nationwide, the notice states that nobody can know the payment amount in advance. Claiming more legitimate transactions means a larger share.
Do I need to submit proof of purchase?
No documentation is required when you file. The Claim Form asks how many surcharged cash withdrawals you made at independent ATMs during the class period and requires you to certify the information is true. The Claims Administrator reserves the right to ask for supporting documentation, such as bank statements, so report a good-faith number you could back up if asked.
What if I didn’t receive a notice?
You do not need a notice to file. Email notices with a Notice ID Number went to cardholders the parties could identify, but the Claim Form has an optional Notice ID field and anyone who meets the class definition can file online, by phone at 1-866-893-1052, or by mail to Non-Bank ATM Surcharge Fee Settlement, c/o A.B. Data, Ltd., P.O. Box 173053, Milwaukee, WI 53217, received by February 10, 2027.
Does staying in the class affect my right to sue later?
Yes. Unless you mail an exclusion request that is received by December 11, 2026 (to Non-Bank ATM Surcharge Fee Settlement, ATTN: EXCLUSIONS, P.O. Box 173001, Milwaukee, WI 53217), you will be bound by the Settlement and will give up your right to sue Visa and Mastercard separately over the claims in this case, whether or not you file a claim. Excluding yourself here does not affect your rights in the related Mackmin (bank ATM) or National ATM Council cases.
When will payments be sent out?
If the Court approves the Settlement at the February 17, 2027 hearing and there are no appeals, the Administrator expects to send payments within about six months. Payments go out digitally by email or text, with options like PayPal or a virtual debit card, and you can request a paper check instead. An appeal could delay payment significantly. Keep your contact information current and monitor the settlement website.
Dapeer Law, P.A.
Consumer class action attorneys based in South Florida. We track settlements so you don’t have to.
Similar open settlements
This page is for informational purposes only and does not constitute legal advice. Dapeer Law, P.A. is not the administrator of this settlement and is not affiliated with Visa Inc., Visa U.S.A. Inc., Visa International Service Association, Plus System, Inc., Mastercard Incorporated, and Mastercard International Incorporated, A.B. Data, Ltd. (the Settlement Administrator), or Class Counsel Douglas G. Thompson of Finkelstein Thompson LLP and Christopher Lovell of Lovell Stewart Halebian Jacobson LLP. The case is Burke v. Visa Inc., Case No. 1:11-cv-01882, pending in the U.S. District Court for the District of Columbia before the Honorable Richard J. Leon. Class representatives are Peter Burke, Kent Harrison, Marin P. Heiskell, and Brian Byrnes. Visa and Mastercard denies wrongdoing. This website is attorney advertising. Past results do not guarantee future outcomes.