Claim Status: Fully Approved — Awaiting Distribution
Estimated Payment Window: April – August 2026
🚨 NEW: $167.5M Nonbank ATM Class Action
A separate $167.5 million settlement was filed on December 18, 2025 in Burke v. Visa Inc. for consumers who paid surcharges at independent, nonbank ATMs since October 24, 2007. This is a different case from the $197.5M Mackmin settlement below. Claims will open after court approval, expected in 2026.
Combined with the settlements below, total ATM fee settlements now exceed $430 million.
What's the $197.5M ATM Surcharge Fees Class Action Settlement?
A total $264.24 million class action lawsuit has been settled, including a more recent $197.5 million
settlement with Visa and MasterCard over ATM surcharges that allegedly violated federal
consumer protection laws. The settlement received final court approval on June 20, 2025, from U.S. District Judge Richard J. Leon.
Payments are estimated to begin between April and August 2026, depending on when the court signs off on the final distribution plan.
✅ Final Approval: Granted June 20, 2025 — No appeals filed
✅ Attorneys' Fees: $49.4 million awarded (reduced from 30% request)
● Deficiency Notices: Sent by November 24, 2025
● Cure Window: 45–60 days → ends around January 8 to January 23, 2026
● Distribution Motion: Administrator prepares distribution motion (usually 2–3 weeks) → February 2026
● Court Review and Sign-Off: (2–8 weeks) → March to April 2026
● 90-Day Payment Clock: First payments estimated April to August 2026
⚠️ ATM fee class action payments cannot begin until the Court approves the final distribution plan. The settlement administrator will start distributing funds within 90 days of that order.
When Will Visa and Mastercard ATM Settlement Payments Be Sent?
ATM fee class action payments cannot begin until the Court approves the final distribution plan. The settlement administrator, AB Data, will start distributing funds within 90 days of that court order.
Here is the expected timeline: Deficiency notices were sent by November 24, 2025, giving claimants a 45- to 60-day window to fix any issues with their claims. After that cure window closes (around January 8–23, 2026), the administrator will finalize the approved claims list and prepare a distribution motion, expected in February 2026. The court will then review and approve the distribution plan, which typically takes 2–8 weeks, putting that step in the March to April 2026 timeframe. Once the court signs off, the 90-day payment clock begins. Based on this schedule, the first round of payments is expected sometime between April and August 2026, depending on when the judge issues the approval order.
Payments are pro rata and typically go out in waves, so even after distribution begins, many class members may receive payments later depending on processing, payment method, and final claim validation adjustments.
How Many Claims Were Filed and Approved?
A total of 63,506,549 claims were submitted for the ATM settlement, making it one of the largest settlements ever in terms of the number of claimants. After fraud analysis using internal reviews 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.
According to the ATM fee class action lawsuits, consumers were overcharged when
withdrawing money from ATMs with surcharges or "interchange" swipe fees, using their Visa or Mastercard debit cards. The ATM class
action lawsuit is closed to new claims.
What Will My ATM Settlement Payment Be?
Payments are pro rata, meaning the $197.5 million fund (after deductions for attorneys' fees, litigation costs, and administrative expenses) will be divided among all valid claims.
With only 296,877 valid claims remaining, payouts per claimant could be significantly higher than initially expected when over 63 million claims were pending.
The court awarded $49.4 million in attorneys' fees — approximately $10 million less than the 30% that plaintiffs' counsel had originally requested. After fees and administrative costs are deducted, the net settlement fund will be distributed proportionally. Some analyses estimate claimants may receive 23–38% of their claimed ATM overcharges.
Because no appeals were filed within the 30-day appeal period, the settlement is now fully approved
and final. This allows the settlement administrators to begin processing valid claims and preparing
distributions.
The court has finalized the attorneys' fee ruling, awarding $49.4 million to class counsel (Hagens Berman Sobol Shapiro LLP, Quinn Emanuel Urquhart & Sullivan LLP, and Mehri & Skalet PLLC). The settlement administration team, AB Data, is now working to calculate payments and prepare for fund release.
Exact payment timing will depend on steps such as finalizing the approved claims list, calculating pro-rata
shares, court approval of the distribution plan, and releasing money from escrow. If you filed a valid claim or were automatically included, you should
receive updates directly from the settlement administrator, or follow this page for live updates based
on the Court docket.
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:
NEW: $167.5M Nonbank ATM Settlement (Burke v. Visa)
On December 18, 2025, a new $167.5 million class action settlement was filed for preliminary approval in the case Burke v. Visa Inc. (Case No. 1:11-cv-01882) in the U.S. District Court for the District of Columbia. This is a separate case from the $197.5M Mackmin settlement described above.
This new settlement covers consumers who paid surcharges at independent, nonbank ATMs — ATMs not owned by a bank or financial institution. The key details:
• Settlement Amount: $167.5 million — Visa will pay approximately $88.8 million (53%) and Mastercard approximately $78.7 million (47%).
• Who Qualifies: Individuals who paid an unreimbursed surcharge or access fee to withdraw cash from an independent, nonbank ATM in the United States after October 24, 2007, through the date of preliminary approval.
• Statewide Classes: Additional statewide classes exist for consumers in California, Illinois, Massachusetts, and Michigan. Individuals may be part of more than one class.
• What Does NOT Qualify: ATM transactions involving credit cards, cash advances, or prepaid cards.
• Claims Timeline: The claims website and forms will become available 28 days after court preliminary approval. The deadline to file claims is 180 days after preliminary approval. Court approval is expected sometime in 2026.
• Payments: The settlement administrator estimates payments will be issued within six months of final approval if there are no appeals.
Combined with the $197.5M Mackmin settlement and the prior $66.74M bank settlement, total ATM fee settlements now exceed $430 million.
The 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 consumers and
businesses. The case was originally filed in October 2011 and spanned over a decade of litigation, including multiple appeals to the D.C. Circuit and a denial of review by the U.S. Supreme Court in April 2024.
The ATM class action lawsuit alleges that Visa, MasterCard, and their member banks violated antitrust
laws and charged merchants excessive fees for accepting credit and debit card payments. Specifically:
• The class action lawsuit claims Visa and MasterCard, along with member banks, set interchange
fees (also called "swipe fees") at artificially high levels.
• The ATM class action lawsuit alleges Visa and MasterCard imposed and enforced rules that limited
merchants from steering customers to other payment methods, including no-surcharge rules, no-discounting
rules, and honor-all-cards rules.
• According to the class action lawsuit, these unfair business practices allegedly insulated Visa
and Mastercard from competitive pressure to lower interchange fees, thus making more money from consumers.
What Are ATM Interchange Fees?
ATM interchange fees are ATM transaction charges that are made to a bank customer when you use an ATM
that isn't operated by your specific bank, also known as "out of network" ATM fees. For example:
• You might withdraw money from an ATM that's not part of your own bank's network.
• As a result, the bank that owns the customer's account must pay a fee to the bank that owns the
ATM.
• This fee can then be passed down to you as the customer, to the ATM-owning bank for providing
cash dispensing services which your bank is charged for.
What is the Total ATM Settlement Amount?
The total settlement amount across all related cases is $264.24 million (with an additional $167.5M pending in the Burke case). This includes $197.5 million from Visa and Mastercard in the Mackmin case.
The previous ATM surcharge
settlement was for $66.74 million. The breakdown of the Mackmin settlement fund:
• Visa has agreed to pay $104,675,000.
• Mastercard has agreed to pay $92,825,000.
How Do I Qualify For an ATM Settlement Payout?
You may qualify for the $197.5M Mackmin settlement if you paid a surcharge to withdraw cash from a bank ATM in the United States between
October 1, 2007, and July 26, 2024. You are not included if all your surcharged ATM transactions
were reimbursed or conducted on cards issued by financial institutions outside the United States. Note: The claim deadline for this settlement has passed (January 22, 2025).
If you previously filed a claim and received payment from the earlier $66.74M settlement, you are automatically eligible to receive payment
from this new settlement based on your previously submitted claim. A stated exception is if you paid any additional qualifying ATM
fees after you submitted your previous claim and were not reimbursed for those fees.
For the NEW $167.5M Burke settlement (nonbank ATMs), claims will open after court approval in 2026. Learn more here.
How Much Can I Get Paid From the ATM Settlement?
Each valid claim is eligible for a proportional share of the ATM class action settlement fund, based on
the total number of valid claims and the unreimbursed ATM surcharge amounts. With only 296,877 valid claims remaining out of the $197.5 million fund (minus fees and costs), individual payouts could be substantial. Some analyses estimate claimants may receive 23–38% of their claimed ATM overcharges.
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 this settlement.
If you didn't file a claim in time, the NEW $167.5M Burke v. Visa nonbank ATM settlement will open to claims after court approval in 2026 — this may be a second opportunity if you used independent, nonbank ATMs.
ATM Class Action Settlement Motion for Final Approval
Please note that your claim form will be rejected if you submit a settlement claim for payout with any
fraudulent information. By providing this information and your sworn statement of its veracity, you
agree to do so under the penalty of perjury. You would also be harming others that actually qualify for the class
action settlement. If you are not sure whether or not you qualify for this class action settlement,
visit the class action administrator's website below. OpenClassActions.com is only providing information and is not a class action
administrator or a law firm. OpenClassActions is a participant in the Amazon affiliate advertising program and this post may contain
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