U.S. consumers charged a surcharge at an independent, nonbank ATM between October 2007 and August 2026 can now file a claim in the $167.5 million Burke v. Visa settlement, which the court preliminarily approved on August 14, 2026. Claims opened September 11, 2026, no receipts are required to file, and the deadline is February 10, 2027.
The Claim Window Is Open
The claim period in the $167.5 million nonbank ATM surcharge settlement opened on September 11, 2026. Judge Richard J. Leon granted preliminary approval on August 14, 2026 in Burke v. Visa Inc., No. 1:11-cv-01882 (RJL), in the U.S. District Court for the District of Columbia, and that order (ECF No. 198) set the claim period to commence 28 days after entry and to run through 180 days after entry. Those two counts land on September 11, 2026 and February 10, 2027.The official settlement website, NonbankATMSurchargeSettlement.com, is live with the court-approved claim form, the long-form notice, the Settlement Agreement, and the case's important dates. Claims can be filed online or by mail postmarked no later than February 10, 2027.
The lawsuit alleges that Visa and Mastercard network operating rules violated antitrust laws by barring independent ATM operators from charging differential surcharges — that is, from discounting the access fee when a transaction could be routed over a cheaper competing network — so that cardholders allegedly paid more to use those machines than they should have. Visa and Mastercard deny they did anything wrong, and the settlement is expressly not an admission of liability. The court has not decided who is right.
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Who Qualifies for the Nonbank ATM Settlement?
The Nationwide Class covers people in the United States who were charged a surcharge — the notice also calls it an access fee — for a domestic cash withdrawal from a deposit account using an ATM or pin-debit card at an independent ATM located in the United States or its territories between October 24, 2007 and August 14, 2026, and who were not fully reimbursed by their bank. The class period ends on the date of the preliminary approval order, which is why August 14, 2026 is the cutoff.An independent ATM, which the filings abbreviate IATM, is a machine not owned by Visa, Mastercard, or any bank or other financial institution. In practice those are the stand-alone machines in convenience stores, gas stations, bars and clubs, hotel lobbies, and small retailers — not the ATMs at a bank branch.
The settlement also creates four separate statewide classes under the laws of California, Illinois, Massachusetts and Michigan, each defined the same way but limited to surcharges paid at an independent ATM located in that state. A person can belong to the Nationwide Class and one or more statewide classes at the same time.
Three kinds of transactions are outside the class definition: credit card transactions, any transaction involving a cash advance, and any transaction involving a prepaid card. Also excluded are Visa and Mastercard and their officers, directors, employees, affiliates and controlled entities; any entity in which either has a controlling interest; federal, state and local government entities; the judge presiding over the case, court staff and their immediate families; jurors assigned to the case; and anyone who validly opts out.
What the Claim Form Asks — and Why No Receipts Are Needed
The claim form instructions state plainly that you do not need to provide any documentation at the time of filing, while adding that the Claims Administrator may ask for additional documentation or proof supporting the claim, and the form itself carries a notice that the administrator has the right to request bank statements or other documents. The form is submitted under penalty of perjury.What the form collects:
• A notice ID number, if you received an email notice — optional, and not required to file.
• Name, street address, city, state and ZIP code.
• A phone number and its type, plus an email address entered twice to verify it.
• Whether you were charged an unreimbursed surcharge to withdraw cash from an independent ATM in the United States or its territories between October 24, 2007 and August 14, 2026.
• Whether any of those surcharged independent-ATM transactions were made with an ATM or pin-debit card rather than a credit or gift card.
• An estimate of how many times you paid such a surcharge during the class period, entered as a whole number up to four digits.
• A signature and date certifying the information is accurate and complete, that you are a class member, and that you did not opt out.
That transaction estimate is the number that drives the payout, because the fund is divided by qualifying transaction count rather than paid as a flat amount. The class period runs nearly nineteen years, and the notice does not ask anyone to reconstruct it from records — but the certification is sworn, so the estimate should be one you can stand behind.
Because payments are emailed, the form stresses providing a current, valid email address and mobile number, and says that keeping that contact information accurate with the administrator is the claimant's responsibility. The claim form and the online filing page both live on the official settlement website, NonbankATMSurchargeSettlement.com, and filing is free.
How Much Will Claims Pay?
There is no per-person figure, and nobody can calculate one yet. Each valid claim is eligible for a pro rata — proportional — share of the Net Settlement Fund based on the number of qualifying surcharged transactions submitted, measured against every other valid claim. The notice says so directly: because the amount of each payment depends on the number of approved transactions, nobody can know in advance how much the payment will be.What comes out of the $167.5 million first: court-awarded attorneys' fees, costs and expenses; notice and administration costs of up to $3 million; taxes and tax expenses; and service awards to the class representatives. Class Co-Lead Counsel — Finkelstein Thompson LLP and Lovell Stewart Halebian Jacobson LLP — will ask the court for fees of up to 30% of the fund plus reimbursement of costs, and for service awards of up to $17,500 per class representative. Those requests are subject to court approval and will be posted on the official settlement website when filed. Class members are not charged for Class Co-Lead Counsel.
Anything left in the fund after claims are processed goes to a non-profit or "next best" recipient approved by the court. None of it reverts to Visa or Mastercard.
How Payments Will Be Sent
Settlement payments are sent digitally by email. When the administrator emails a claimant about a payment, the notice says the claimant will be offered digital payment options such as PayPal or a virtual debit card, and will also have the option to ask for a paper check by mail instead.No payment date is set. Payments can only be made after the court approves the settlement at the Fairness Hearing and after any appeals are resolved. The long-form notice says that if the settlement is approved and no appeals are filed, the Claims Administrator anticipates payments will be sent within six months of final approval. A.B. Data, Ltd. is the court-appointed Settlement Administrator, and U.S. Bank is the escrow agent holding the fund.
Key Dates in the Burke ATM Settlement
• August 14, 2026 — the court granted preliminary approval, preliminarily certified the settlement classes, approved the notice plan and claim form, and appointed the administrator (ECF No. 198).• September 11, 2026 — the claim period opened, 28 days after entry of the order, along with the settlement website, direct email notice and the digital-advertising notice program.
• December 11, 2026 — deadline to exclude yourself from the settlement, and the deadline to object or to file a notice of intention to appear at the hearing.
• February 10, 2027 — claim deadline, online or postmarked by mail.
• February 17, 2027 at 4:00 p.m. ET — the Fairness Hearing, in Courtroom 18 of the U.S. District Court for the District of Columbia. The notice cautions that the hearing may be held electronically or moved without additional notice.
• Roughly six months after final approval — the administrator's anticipated payment window, if the settlement is approved and no appeals are filed.
Two of those deadlines are easy to conflate, so to be clear: excluding yourself and objecting are both due December 11, 2026, and they are opposite choices. Excluding yourself — opting out, done by mailing a signed letter to the Claims Administrator per Question 18 of the notice — is the only option that preserves the right to sue Visa or Mastercard separately over these claims, and it forfeits any payment. Objecting keeps you in the class and tells the court why you dislike the settlement; the court can only approve or reject the settlement, not rewrite it, and objecting does not prevent you from also filing a claim.
One detail matters for anyone who sat out an earlier ATM settlement: the order states that people who excluded themselves from the prior Mackmin ATM surcharge settlements are still bound by this Burke settlement unless they submit an exclusion request specifically for it.
This Is Not the ATM Settlement That Was Paying Out — and Payment Emails Are Being Faked
Three parallel ATM fee cases were filed in October 2011 and are moving through the same court, which is why class members may receive more than one notice. Keeping them apart matters right now:• Burke v. Visa, No. 1:11-cv-01882 — independent, nonbank ATMs. $167.5 million. Claims open now through February 10, 2027.
• Mackmin v. Visa, No. 1:11-cv-01831 — bank-owned ATMs. The first settlements with three banks were approved August 22, 2022 and totaled $67 million; the second, with Visa and Mastercard, was approved June 20, 2025 and totaled $197.5 million. Its claim deadline passed January 22, 2025 and is not reopening.
• National ATM Council v. Visa, No. 1:11-cv-01803 — the businesses that own and operate independent ATMs, not consumers.
The Mackmin case is where the fraud risk sits. Its official settlement website now says digital payments were issued between April and June 2026 and that all digital payments have since been canceled, and warns that there have recently been fraudulent attempts to send digital payments to class members, telling class members not to click links in those emails. The distribution is not over, though: class members report receiving digital payments in September 2026 after asking the Claims Administrator about claims that had been under review and were approved. That means some Mackmin payment emails are genuine and some are not, and the notice does not distinguish them — so reach the administrator or your payment by going to the settlement website yourself rather than following an emailed link. Our ATM fee settlements overview tracks that development.
Burke is at the opposite end of the process: claims just opened and no payments exist yet, which is exactly the vacuum scam operators like. Nobody can reserve, pre-register or expedite a Burke claim, and filing on the official settlement website costs nothing. Treat any message that asks for a fee, for banking credentials, or for account logins to secure an ATM settlement payment as fraudulent, and reach the settlement website by typing the address rather than following a link in an email. Phishing can be reported to the FTC at reportfraud.ftc.gov.
What Happens Next
The notice program runs alongside the claim window: direct email notice to potential class members, court-approved digital advertising, a news release distributed over PR Newswire's US and Hispanic newslines, and a one-time third-page print notice in People magazine. The order authorized the administrator to use the email addresses it already holds from the two prior Mackmin settlements for notice in this case, under the protective order in the coordinated actions.On the docket, Class Co-Lead Counsel's motion for attorneys' fees, costs and service awards is due 105 days after entry of the order, which falls in late November 2026, and the parties' papers supporting final approval and responding to objections are due 133 days after entry, in late December 2026. All proceedings against Visa and Mastercard are stayed until the court rules on final approval.
Two outcomes remain possible and neither is decided. If the court denies final approval, or approval is vacated on appeal, the settlement becomes null and void and the parties return to their pre-settlement positions. Visa and Mastercard also retain the right to terminate the settlement if 6,000,000 potential class members opt out. Nothing is guaranteed until the court enters a final judgment and any appeals run their course.
Nonbank ATM Settlement FAQs
Who can file a claim in the nonbank ATM surcharge settlement?
The Nationwide Class covers people in the United States who were charged a surcharge, also called an access fee, for a domestic cash withdrawal from a deposit account using an ATM or pin-debit card at an independent ATM in the United States or its territories between October 24, 2007 and August 14, 2026, and who were not fully reimbursed by their bank. An independent ATM is a machine not owned by Visa, Mastercard, or any bank or other financial institution — typically the stand-alone machines in convenience stores, gas stations, bars, hotels and small retailers. Separate statewide classes cover California, Illinois, Massachusetts and Michigan, and a person can belong to more than one class. Credit card transactions, cash advances and prepaid card transactions do not count.
What is the claim deadline for the Burke nonbank ATM settlement?
February 10, 2027. Claims can be submitted online through the official settlement website or by mail postmarked no later than that date. The court's August 14, 2026 preliminary approval order set the claim period to open 28 days after entry and to run through 180 days after entry, which is February 10, 2027. The order does not specify a time of day. The separate deadline to exclude yourself from the settlement or to object to it is December 11, 2026.
Do I need receipts or bank statements to file an ATM surcharge claim?
No documentation is required at the time of filing. The claim form instructions state that you do not need to provide any documentation, but that the Claims Administrator may later ask for additional documentation or proof supporting the claim, and the form itself states that the administrator has the right to request bank statements or other supporting documents. The claim form is submitted under penalty of perjury and asks for an estimate of how many times you paid an unreimbursed surcharge to withdraw cash from an independent ATM during the class period.
How much will the nonbank ATM settlement pay per person?
No fixed amount is set. Each valid claim is eligible for a pro rata share of the Net Settlement Fund based on the number of qualifying surcharged transactions submitted, so the per-claim figure cannot be known in advance. The $167.5 million fund — Visa $88,775,000 and Mastercard $78,725,000 — is first reduced by court-awarded attorneys' fees, costs and expenses, taxes, up to $3 million in notice and administration costs, and service awards to the class representatives. Class Co-Lead Counsel will ask the court for fees of up to 30% of the fund.
When will nonbank ATM settlement payments be sent?
No payment date is set. Payments can only be made after the court approves the settlement at the Fairness Hearing scheduled for February 17, 2027 at 4:00 p.m. ET, and after any appeals are resolved. The long-form notice says that if the settlement is approved and no appeals are filed, the Claims Administrator anticipates payments will be sent within six months of final approval. Payments are sent digitally by email with options such as PayPal or a virtual debit card, and claimants can instead ask for a mailed check.
Is this the same as the ATM settlement that was already paying out?
No. The settlement now open to claims is Burke v. Visa Inc., No. 1:11-cv-01882, which covers surcharges paid at independent, nonbank ATMs. The settlement that began paying in April 2026 is the separate $197.5 million Mackmin v. Visa settlement, No. 1:11-cv-01831, which covers surcharges at bank-owned ATMs and whose claim deadline passed January 22, 2025. The official Mackmin settlement website now says digital payments were issued between April and June 2026 and have all since been canceled, and warns that fraudulent attempts to send digital payments to class members have been made — though class members report still receiving payments in September 2026 after asking the administrator about claims that had been under review. A person can be a member of both classes if they were surcharged at both types of ATM.
Court Documents
• Order Granting Preliminary Approval of Settlement and Directing Notice to the Class — ECF No. 198, filed August 14, 2026, with the Stipulation and Agreement of Settlement attached as Exhibit A• Notice of Proposed Class Action Settlement — the court-approved long-form notice, including the thirty numbered questions
• Non-Bank ATM Surcharge Settlement Claim Form — the court-approved claim form and its instructions
Sources
• Official Settlement Website — NonbankATMSurchargeSettlement.com, maintained by the Claims Administrator under the supervision of Class Counsel• Burke v. Visa Inc., No. 1:11-cv-01882 (RJL), U.S. District Court for the District of Columbia — Order Granting Preliminary Approval, ECF No. 198, entered August 14, 2026
• Court-approved long-form Notice of Proposed Class Action Settlement and Claim Form, Burke v. Visa Inc.
• Burke v. Visa Inc. docket (CourtListener)
• OpenClassActions — $167.5M Burke v. Visa Nonbank ATM Settlement
• OpenClassActions — ATM Fee Class Action Settlements overview
