By Steve Levine
Published: September 23, 2025 · Updated: May 21, 2026
Status
Payments Pending (Mackmin) · New Settlement Filed (Burke)
$197.5M Mackmin v. Visa fully approved June 20, 2025 · distribution motion approved December 3, 2025 · new $167.5M Burke v. Visa nonbank settlement filed December 18, 2025
Claim Deadline
January 22, 2025 (Mackmin — closed) · Burke claims open after court approval (2026)
no new claims accepted for $197.5M Mackmin · Burke claim window will be 180 days after preliminary approval
Estimated Payout
Pro Rata Cash — est. 23%-38% of Claimed Overcharges
$197.5M Mackmin fund (less $49.4M attorneys' fees and admin costs) divided among 296,877 valid claims · digital payments expected April 2026
Proof Required
No (Mackmin)
claims filed under attestation; no receipts required · Burke claim documentation requirements TBD after preliminary approval
What Is the $197.5M ATM Surcharge Fees Class Action Settlement?
The Mackmin v. Visa Inc. ATM surcharge class action (Case No. 1:11-cv-01831-RJL, U.S. District Court for the District of Columbia) alleges that Visa, Mastercard, and their member banks violated federal antitrust law by adopting rules that inflated ATM surcharges — the "access fees" U.S. consumers paid when using an ATM outside their own bank's network. The case spanned more than a decade of litigation, including appeals to the D.C. Circuit and a denial of review by the U.S. Supreme Court in April 2024, before settling for $197.5 million.The Mackmin settlement received final court approval on June 20, 2025 from U.S. District Judge Richard J. Leon. No appeals were filed in the 30-day appeal window, so the settlement is now fully approved and final. The court awarded $49.4 million in attorneys' fees (about $10 million less than the 30% originally requested by class counsel). On December 3, 2025, the court approved the distribution motion authorizing the settlement administrator, AB Data, to begin paying valid claimants. The official Settlement Website, ATMClassAction.com, now states that digital payments will be sent in April 2026.
Visa, Mastercard, and the member banks deny the antitrust allegations; the court did not rule on the merits. The settlement resolves the claims without an admission of liability. Class counsel are Hagens Berman Sobol Shapiro LLP, Quinn Emanuel Urquhart & Sullivan LLP, and Mehri & Skalet PLLC.
When Will Visa and Mastercard ATM Settlement Payments Be Sent?
The official settlement website now says payments will be sent digitally in April 2026. The court approved the distribution motion on December 3, 2025. AB Data, the settlement administrator, is now finalizing the approved claims list, calculating pro rata shares, and preparing to release funds from escrow.Payments go out in waves rather than all at once, so even after distribution begins many class members may receive their payments later in 2026 depending on the payment method, processing, and any final claim-validation adjustments. Class members who provided current email addresses and accurate payment information on their original claim should receive payment communications directly from the administrator. Follow this page for live updates based on the court docket.
How Many Claims Were Filed and Approved?
A total of 63,506,549 claims were submitted for the Mackmin ATM settlement, making it one of the largest class action filings ever by claim count. After fraud analysis using internal review and ClaimScore technology, 63,202,391 claims were flagged as fraudulent and recommended for rejection. Only 296,877 claims were identified as valid and will receive payouts.Because of the heavy fraud filtering, the per-claim allocation is far higher than it would have been if all 63 million claims had been valid. The remaining 296,877 valid claimants will split the $197.5 million fund pro rata, after deductions for the $49.4 million attorneys' fee award, litigation costs, and administrative expenses.
What Will My ATM Settlement Payment Be?
Payments are pro rata, based on the unreimbursed ATM surcharges each valid claimant attested to. Independent analyses estimate that valid claimants may receive roughly 23% to 38% of their claimed ATM overcharges, though exact amounts depend on final allocations and any administrative adjustments. Claimants who attested to higher unreimbursed surcharge totals will receive proportionally higher payments.ATM Settlement Final Approval and Court Status
Judge Richard J. Leon entered a final judgment approving the $197.5 million Visa and Mastercard ATM surcharge settlement on June 20, 2025. The court found the agreement fair, reasonable, and adequate, and certified the settlement class of consumers who paid unreimbursed ATM access fees between October 1, 2007 and July 26, 2024.Because no appeals were filed within the 30-day window, the settlement became final and effective. The court has finalized the attorneys' fee ruling, awarding $49.4 million to class counsel (Hagens Berman, Quinn Emanuel, and Mehri & Skalet). The court approved the distribution motion on December 3, 2025, and AB Data is now preparing fund release.
How Do I Find Class Action Settlements?
Find all the latest class actions you can qualify for by getting notified of new lawsuits as soon as they are open to claims:ATM Fee Settlement Timeline
• Final Approval: Granted June 20, 2025 — no appeals filed• Attorneys' Fees: $49.4 million awarded (reduced from the 30% request)
• Deficiency Notices: Sent by November 24, 2025
• Cure Window: 45-60 days — ended around January 8 to January 23, 2026
• Distribution Motion: Approved by the court on December 3, 2025
• Digital Payments: Official site says payments will be sent in April 2026
ATM fee class action payments cannot begin until the court approves the final distribution plan, which it did on December 3, 2025. The settlement administrator then begins releasing funds within 90 days of that order.
What Was the ATM Class Action Allegation?
The Mackmin class action lawsuit (Mackmin v. Visa Inc., Case No. 1:11-cv-01831-RJL) alleged that Visa, Mastercard, and other banks violated federal antitrust laws by adopting restraints that inflated ATM surcharges — also called "ATM access fees" — paid by U.S. consumers. The case was originally filed in October 2011 and spanned over a decade of litigation, including multiple appeals to the D.C. Circuit and the U.S. Supreme Court's April 2024 denial of certiorari.Visa, Mastercard, and the member banks deny the allegations, and the court has not decided who is right. The settlement resolves the dispute without any admission of liability. A previous ATM surcharge settlement for $66.74 million resolved related claims against JPMorgan Chase, Wells Fargo, Bank of America, and other large U.S. banks. Combined with the new Burke settlement, total ATM fee settlements now exceed $430 million.
Specifically, the lawsuits alleged that Visa, Mastercard, and their member banks:
• Set interchange fees (also called "swipe fees") at artificially high levels.
• Imposed and enforced rules that limited merchants from steering customers to other payment methods (no-surcharge rules, no-discounting rules, and honor-all-cards rules).
• Insulated themselves from competitive pressure to lower interchange fees, thus extracting higher fees from consumers.
What Are ATM Interchange Fees?
ATM interchange fees are charges that occur when you use an ATM that isn't operated by your specific bank, also known as "out of network" ATM fees. For example:• You withdraw money from an ATM that's not part of your own bank's network.
• The bank that owns your account pays a fee to the bank that owns the ATM.
• That fee can then be passed down to you as the customer.
What Is the Total ATM Settlement Amount?
Across all related ATM-fee cases, total settlements now exceed $430 million:• $197.5 million — Mackmin v. Visa (fully approved; payments expected April 2026). Visa pays $104,675,000; Mastercard pays $92,825,000.
• $167.5 million — NEW Burke v. Visa nonbank ATM settlement (filed December 2025, pending preliminary approval). Visa pays approximately $88.8 million; Mastercard pays approximately $78.7 million.
• $66.74 million — prior settlement with JPMorgan Chase, Wells Fargo, Bank of America, and other large U.S. banks.
How Do I Qualify For an ATM Settlement Payout?
For the $197.5M Mackmin settlement (claims closed): You qualified if you paid a surcharge to withdraw cash from a bank ATM in the United States between October 1, 2007 and July 26, 2024. Excluded are people whose ATM surcharges were fully reimbursed by their bank and transactions on cards issued by financial institutions outside the United States. The claim deadline of January 22, 2025 has passed and no new Mackmin claims are accepted.If you previously filed and received payment from the earlier $66.74M bank settlement, you may be automatically eligible for a Mackmin payment based on your previously submitted claim, subject to any new qualifying ATM fees you paid after that earlier claim and were not reimbursed for.
For the new $167.5M Burke settlement (nonbank ATMs): You qualify if you paid an unreimbursed surcharge or access fee to withdraw cash from an independent, nonbank ATM in the United States after October 24, 2007. Additional statewide classes exist for consumers in California, Illinois, Massachusetts, and Michigan (individuals may belong to more than one class). ATM transactions involving credit cards, cash advances, or prepaid cards do not qualify. Claims will open 28 days after preliminary court approval. Read the full Burke v. Visa overview.
What Was the Deadline to File a Claim?
The deadline for the $197.5M Mackmin v. Visa settlement passed on January 22, 2025. No new claims can be filed for the Mackmin case.If you missed Mackmin, the new $167.5M Burke v. Visa nonbank ATM settlement will open to claims after court approval in 2026 — a second opportunity for consumers who used independent, nonbank ATMs.
ATM Class Action Settlement Motion for Final Approval (PDF)
Sources
• Official Settlement Website: ATMClassAction.com• Court Documents (Disbursement of Funds, November 2025)
• Settlement Motion for Final Approval (PDF)
• CourtListener Docket No. 1:11-cv-01831-RJL
• Hagens Berman — Visa Mastercard ATM Antitrust Settlement (class counsel)
Filing Class Action Settlement Claims
Class action claim forms are submitted under penalty of perjury. Please submit only truthful information. Fraudulent claims can be rejected and may carry legal consequences; they also reduce the funds available to legitimately affected class members. If you are not sure whether you qualify, review the eligibility information at the official settlement website above. OpenClassActions.com is a consumer news and class-action information site and is not the Settlement Administrator or a law firm; we do not process or decide claims.
For more class actions keep scrolling below.
Settlement Amount
$197,500,000 (Mackmin) — total across related ATM-fee cases now exceeds $430,000,000
Case Title
Mackmin v. Visa Inc.
Case Number
No. 1:11-cv-01831-RJL
Court
U.S. District Court, District of Columbia
Final Approval
June 20, 2025 by Judge Richard J. Leon
no appeals filed · distribution motion approved December 3, 2025 · digital payments expected April 2026
Valid Claims
296,877 (of 63,506,549 submitted; 63,202,391 rejected as fraudulent)
Attorneys' Fees
$49,400,000 (reduced from the 30% request)
Class Counsel
Hagens Berman Sobol Shapiro LLP; Quinn Emanuel Urquhart & Sullivan LLP; Mehri & Skalet PLLC
Administrator
AB Data
Claim Deadline
January 22, 2025 (closed)
Proof Required
No
Defendants
Visa Inc. (NYSE: V); Mastercard Inc. (NYSE: MA); member banks
Related New Case
Burke v. Visa Inc., No. 1:11-cv-01882 — $167.5M nonbank ATM settlement (filed December 18, 2025, pending preliminary approval)
Official Website
Atm Class Action.com
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