Published
April 23, 2026
Updated
September 11, 2026
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 documents are required to file, and the deadline is February 10, 2027.
Current Status: Claims Are Open Through February 10, 2027
The claim window is open. On August 14, 2026 Judge Richard J. Leon granted preliminary approval of the $167.5 million nonbank ATM settlement and directed notice to the class (Docket No. 198, Burke v. Visa Inc., No. 1:11-cv-01882 (RJL), U.S. District Court for the District of Columbia). That order set the claim period to commence 28 days after entry and to continue through 180 days after entry — September 11, 2026 and February 10, 2027.What that means for you: the official settlement website, NonbankATMSurchargeSettlement.com, is live with the court-approved claim form, the long-form notice, the Settlement Agreement, the preliminary approval order and the case's important dates. Claims can be filed online or by mail postmarked no later than February 10, 2027, and no documents are required to file. Two earlier deadlines apply if you want out of the settlement or want to be heard on it: the opt-out and objection deadlines are both December 11, 2026. Final approval has not been granted — the Fairness Hearing is set for February 17, 2027 at 4:00 p.m. ET — so no payments can be issued yet.
Filing is free, and no one can file, reserve, expedite or pre-register a claim for you.
What Is the $167.5M ATM Fee Settlement About?
You may be part of the $167,500,000 class action settlement reached with Visa and Mastercard over allegations that certain ATM network rules led consumers to pay higher ATM access fees at independent, nonbank ATMs. Visa and Mastercard deny any wrongdoing, and the court has not decided who is right. Claims have been open since September 11, 2026 and close February 10, 2027. This is the third ATM fee class action settlement in a connected series of cases, following the 2022 $66.74M bank ATM settlement and the $197.5M Mackmin v. Visa settlement finally approved June 20, 2025.Under the proposed settlement, Visa will pay $88,775,000 and Mastercard will pay $78,725,000 into a combined Settlement Fund. After deductions for attorneys' fees and costs, taxes, up to $3 million in notice and administration costs, and service awards, the Net Settlement Fund will be distributed to Class Members who submit valid claims.
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Status
Claims Open
preliminary approval granted August 14, 2026 (ECF No. 198) · claim period opened September 11, 2026 · final approval still required
Settlement Fund
$167,500,000
Visa $88.775M · Mastercard $78.725M
Claim Deadline
February 10, 2027
online or mailed postmarked by that date · opt-out and objection deadlines December 11, 2026
Proof Required
No
no documents needed to file · sworn under penalty of perjury · the administrator may later request bank statements or other support
What Does "Preliminary Approval" Mean and When Will the Court Approve It?
"Preliminary approval" is a plain-English way of saying the judge has taken a first look at the proposed settlement and agreed that it is fair enough, on paper, to tell class members about it. It is step one of two.Here is how a class action settlement normally becomes real money for claimants:
• Step 1 — Preliminary approval. The lawyers file a motion asking the judge to approve the settlement temporarily and to allow notice to be sent to class members. The judge reviews the terms, the proposed notice plan, and the attorneys' fees request. If the judge agrees, the court enters a Preliminary Approval Order. Once that happens, the settlement website goes live, the claim form goes live, and class members get mailed and emailed notice.
• Step 2 — Final approval. Months later, after class members have had a chance to file claims, opt out, or object, the judge holds a Fairness Hearing. If the judge signs a Final Approval Order, the settlement becomes binding and the administrator can start distributing payments.
Where Burke stands right now: step 1 is done and step 2 is not. Class Co-Lead Counsel filed the motion for preliminary approval on December 18, 2025, and it sat on the docket for roughly eight months. On August 14, 2026 the court granted it, preliminarily certified the settlement classes, approved the notice plan and the claim form, appointed A.B. Data, Ltd. as Settlement Administrator and U.S. Bank as escrow agent, and set the Fairness Hearing (ECF No. 198). Judge Richard J. Leon of the U.S. District Court for the District of Columbia is the same judge who finally approved the related $197.5M Mackmin ATM settlement on June 20, 2025.
What the order also says: the court found it is likely to approve the settlement as fair, reasonable and adequate under Rule 23(e)(2) and likely to certify the settlement class — the standard for preliminary approval — subject to further consideration at the Fairness Hearing. It expressly states that neither the Settlement Agreement nor the negotiations behind it are an admission of liability or wrongdoing, and that Visa and Mastercard continue to deny the claims. All proceedings against Visa and Mastercard are stayed until the court rules on final approval.
Why this matters for you: the claims side of a settlement does not start until preliminary approval, and money cannot move until final approval. The August 14 order unlocked the claim window that opened September 11, 2026; the next milestone is the February 17, 2027 Fairness Hearing, and payments follow only if the court approves the settlement and any appeals are resolved.
What the Burke ATM Settlement Claim Form Asks For
The claim form is live on the official settlement website and can also be printed and mailed. Nothing has to be attached to it. Here is what it 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, under penalty of perjury, that 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 your payment, because the fund is divided by qualifying transaction count rather than paid as a flat amount. The class period runs nearly nineteen years and nobody is asked to reconstruct it from records — but the certification is sworn, so the estimate should be one you can stand behind. The form also stresses providing a current, valid email address and mobile number, because payments are emailed, and notes that keeping that contact information current with the administrator is the claimant's responsibility.
The Nonbank ATM Surcharge Settlement Website Is Live
The official website for the Burke settlement is NonbankATMSurchargeSettlement.com, maintained by the Claims Administrator under the supervision of Class Counsel. The August 14, 2026 order required the administrator to post case information there no later than 28 days after entry, and it now hosts:• The official online claim form and the online filing page
• The full Settlement Agreement and the court-approved long-form notice
• The preliminary approval order and the other court documents
• Important dates (claim deadline, opt-out deadline, objection deadline, Fairness Hearing date)
• Updates on payment timing and distribution
The other primary source is the court docket for Burke v. Visa Inc., No. 1:11-cv-01882 (D.D.C.). Our related coverage includes the $197.5M Mackmin ATM Settlement page, which tracks the parallel bank-ATM case, and our report on the day this claim window opened.
What Should I Do Right Now If I Paid a Nonbank ATM Surcharge?
There is something to do now, and a deadline attached to it:• File the claim form on NonbankATMSurchargeSettlement.com, or mail it postmarked by February 10, 2027. Filing is free and no documents are required.
• Before you file, think through the nonbank ATMs you have used since October 24, 2007 — the kind found in convenience stores, bars, gas stations and hotels, not bank lobbies — because the form asks for a count of those surcharged withdrawals and the count drives your share.
• Use an email address and mobile number you will still have in a year, since payment notifications are sent by email and updating your contact information is your responsibility.
• Do not pay anyone who offers to "register," "pre-file" or expedite your Burke claim. The only legitimate route is the free official claim form, and nobody can improve your position for a fee.
• Decide by December 11, 2026 if you want to opt out or object instead — those deadlines come first.
If you also paid surcharges at bank-owned ATMs, note that the claim deadline for the related Mackmin bank-ATM settlement already passed on January 22, 2025, and that its digital payments were issued between April and June 2026 and then canceled. The Burke nonbank case is a separate settlement with its own open claim window.
Is the Burke ATM Settlement Really No Proof Required?
Yes — no documentation is required at the time of filing. That is now confirmed by the court-approved claim form itself, not inferred from the earlier ATM settlements.What the claim form and notice actually say about proof:
• The claim form instructions state: "You do not need to provide any documentation at this time. However, the Claims Administrator may ask you for additional documentation or proof that supports your claim."
• The form carries a further notice in capitals that it "is submitted under penalty of perjury, and the Claims Administrator has the right to ask you to provide bank statements or other documents to support your claim."
• Question 10 of the long-form notice explains payment calculation: "Each valid claim will be eligible to receive a pro rata (or proportional) share of the Net Settlement Fund, based on the number of qualifying surcharged transactions that are submitted."
• Question 12 explains how to file: "To ask for a payment, you must complete and submit a Claim Form." The notice lists no required supporting documents.
Read together: you file without attachments, you swear to your transaction count, and the administrator retains the right to come back and ask for support on an individual claim. That is a no-proof-to-file settlement with a back-end verification right, not an unconditional promise that records will never be requested.
Why we expect no proof required — the precedent from the other two ATM settlements:
• The $197.5M Mackmin v. Visa bank-ATM settlement (same court, same judge, same defendants, same administrator A.B. Data, finally approved June 20, 2025) was no proof required. Claimants self-reported their estimated count of surcharged ATM transactions during the class period under penalty of perjury. No receipts, bank statements, or ATM records were demanded at submission. 63.5 million claims were filed under that self-report process and 296,877 were ultimately approved as valid after fraud review.
• The 2022 $66.74M bank ATM settlement (against JPMorgan Chase, Wells Fargo, and Bank of America) was also no proof required. It used the same self-reported transaction-count model.
• Both prior settlements relied on a sworn-under-perjury attestation plus a fraud-scoring layer (ClaimScore in Mackmin) to filter claims, rather than front-end documentation.
Why Burke is likely to follow the same no-proof model:
• Same court (U.S. District Court for the District of Columbia) and same judge (Richard J. Leon).
• Same defendants (Visa and Mastercard).
• Same settlement administrator (A.B. Data, Ltd.).
• Same pro-rata-by-transactions math.
• Same impossibility of documenting routine ATM cash withdrawals from 18 years ago (October 2007 onward), which is the practical reason ATM fee settlements have always been no proof required — consumers simply do not keep ATM receipts from a decade ago.
Honest caveats:
• "No documents required to file" is not "no verification." The administrator can request bank statements or other support for a particular claim, and the certification is sworn under penalty of perjury.
• A sworn estimate is still an estimate of your own transactions — inflating it is perjury, and the Mackmin settlement shows what a fraud-screening layer does to implausible claims.
• Filing does not guarantee payment: claims still have to be validated, and no money moves before final approval and the resolution of any appeals.
Bottom line: the Burke $167.5M settlement requires no documents to file, the same self-report model used in the $197.5M Mackmin ATM settlement. If you want to see exactly how the no-proof, self-report-your-transactions claim process looked in Mackmin, that OCA page documents the full claim form, fraud review (63M claims down to 297K valid), and payout mechanics.
What Is an "Independent" (Nonbank) ATM?
An Independent ATM (the court filings call them "IATMs") is an ATM that is not owned or operated by a bank, credit union, or other financial institution. In everyday terms, these are the stand-alone machines you typically see in:• Convenience stores and corner shops
• Gas stations
• Bars, clubs, and restaurants
• Hotels and motels (especially the small lobby ATM, not the bank-branch ATM)
• Small retailers and standalone kiosks
If the surcharge appeared as a separate line item or on-screen disclosure during the withdrawal at a machine that was clearly not in a bank branch, that's almost always an IATM transaction. Bank ATMs were the subject of the prior $197.5M Mackmin settlement, not Burke.
Weren't There Two ATM Settlements Already?
Yes. There have been two prior ATM fee settlements in the related cases:• 2022 $66.74M ATM Fees Class Action Settlement (bank defendants)
• 2025 $197.5M Mackmin v. Visa + Mastercard Bank-ATM Settlement (claim deadline closed Jan 22, 2025)
Combined with the proposed $167.5M Burke settlement, total ATM fee settlements now exceed $430 million.
How Is This ATM Settlement Different from the Previous Class Actions?
The earlier two ATM settlements covered surcharges paid at bank-owned ATMs. The Burke settlement covers surcharges paid at independent, nonbank ATMs — machines that are not owned by a bank or other financial institution (often the stand-alone ATMs found in convenience stores, bars, hotels, and small retailers). The notice calls these Independent ATMs or "IATMs." You may be included in both the Mackmin class and the Burke class if you were charged access fees at both types of ATMs.Who Is Included in the Burke Settlement?
You are included as part of the Nationwide Class if you are a person in the United States who was charged 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 you were not fully reimbursed by your bank. The class period closes on the date of the Preliminary Approval Order, which is what fixes the August 14, 2026 end date.You may also be included in one or more Statewide Classes if you were in California, Illinois, Massachusetts, or Michigan at the time of the transaction. Class members can belong to more than one class.
What Does NOT Qualify?
The settlement does not cover:• Credit card transactions
• Cash advances
• Transactions made using prepaid cards
• ATM withdrawals made with cards issued outside the United States
The Class also excludes Visa and Mastercard themselves, their officers, directors, employees, affiliates, and controlled entities; federal, state, and local government entities; the judge and court staff assigned to the case; any juror assigned to the case; and anyone who validly opts out.
How Do I Qualify For a Payout?
You may qualify if you were charged an ATM access fee for a domestic cash withdrawal at an independent, nonbank ATM in the United States and you were not fully reimbursed by your bank, during the class period described above.How Much Can I Get Paid?
The Burke settlement does not list a flat payment per person. Each valid claim is eligible for a pro rata (proportional) share of the Net Settlement Fund based on the number of qualifying surcharged transactions you submit, compared to all other valid claims. Nobody can estimate a dollar figure in advance.How Will Payments Be Sent?
According to the notice, settlement payments will be sent digitally by email. When the administrator emails you about your payment, you will be offered digital options such as PayPal or a virtual debit card. You will also have the option to request that a paper check be mailed to you instead.Because payments are email-based, it is important to provide a current, valid email address and mobile number on the claim form and to keep the administrator updated if either changes — the notice makes that the claimant's responsibility. No payments can be issued before final approval, which the court will consider at the February 17, 2027 Fairness Hearing.
How Do I File a Claim?
Submit the claim form on the official settlement website, NonbankATMSurchargeSettlement.com, or print it and mail it so that it is postmarked no later than February 10, 2027. Filing is free, no documents are attached, and the form takes a few minutes: contact details, three eligibility questions, an estimated count of surcharged Independent-ATM withdrawals, and a signature under penalty of perjury. The website also lists a toll-free option for requesting a claim form.What Is the Claim Form Deadline?
February 10, 2027, online or by mail postmarked by that date. The order set the claim period to run through 180 days after its August 14, 2026 entry, which is what fixes that date. The order does not specify a time of day. If you want to leave the settlement or object to it instead, both of those deadlines are earlier: December 11, 2026.What Are the Important Dates?
From the preliminary approval order and the court-approved notice:• Motion filed seeking preliminary approval: December 18, 2025
• Preliminary approval granted, notice directed, hearings set: August 14, 2026 (ECF No. 198)
• Claim period opened, along with the settlement website and direct email notice: September 11, 2026 (28 days after entry)
• Class Co-Lead Counsel's motion for fees, costs and service awards due: 105 days after entry, in late November 2026
• Opt-out deadline: December 11, 2026 (letter must be received by then)
• Objection and notice-of-intention-to-appear deadline: December 11, 2026 (postmarked)
• Papers supporting final approval and responding to objections due: 133 days after entry, in late December 2026
• Claim deadline: February 10, 2027 (180 days after entry)
• Fairness Hearing: February 17, 2027 at 4:00 p.m. ET, Courtroom 18 — may be moved or held electronically without further notice
• Payments sent: approximately 6 months after final approval if no appeals are filed
Burke v. Visa ATM Fee Case Timeline
Below is the procedural history of Burke v. Visa Inc., No. 1:11-cv-01882 (RJL), from the original 2011 complaint through the August 14, 2026 preliminary approval order, the claim window that opened on September 11, 2026, and the milestones still to come.Burke v. Visa Inc. and Mastercard Inc. Timeline
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October 24, 2011Original class action complaint filedBurke v. Visa Inc., No. 1:11-cv-01882, filed in the U.S. District Court for the District of Columbia, alleging Visa and Mastercard's network rules violated Section 1 of the Sherman Act by inflating ATM access fees at independent ATMs
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August 4, 2021Class certification grantedJudge Richard J. Leon certified three classes covering consumers charged an unreimbursed ATM access fee at an independent ATM from October 24, 2007 onward
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October 2021Visa and Mastercard appeal class certificationDefendants petition the U.S. Court of Appeals for the D.C. Circuit for interlocutory review of the certification order
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July 2023D.C. Circuit affirms class certificationThe D.C. Circuit upholds Judge Leon's certification of the consumer classes
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September 2023D.C. Circuit denies rehearingThe court declines to rehear its decision affirming class certification, clearing the path to a Supreme Court petition
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April 2024Supreme Court denies certiorariThe U.S. Supreme Court declines to review the class certification decision, sending the case back to the District Court for trial preparation
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June 20, 2025Related $197.5M Mackmin v. Visa settlement finally approvedJudge Leon grants final approval to the parallel bank-ATM Mackmin settlement, narrowing the remaining open question to surcharges paid at independent (nonbank) ATMs — the conduct at issue in Burke
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December 18, 2025$167.5M settlement filed for preliminary approvalClass Co-Lead Counsel files the motion for preliminary approval (ECF 195-3); Visa to pay $88,775,000 and Mastercard to pay $78,725,000 into a combined Settlement Fund
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August 14, 2026Preliminary approval granted and notice directed to the classDocket No. 198 — the court preliminarily certified the Nationwide and four Statewide Settlement Classes, approved the notice plan and claim form, appointed A.B. Data, Ltd. as Settlement Administrator and U.S. Bank as escrow agent, stayed proceedings against Visa and Mastercard, and set the Fairness Hearing
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September 11, 2026Claim period opens Current Phase28 days after entry of the order: NonbankATMSurchargeSettlement.com goes live with the claim form, and A.B. Data begins direct email notice, court-approved digital advertising, a PR Newswire release and a one-time print notice in People magazine
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December 11, 2026Opt-out and objection deadlineLast day for an exclusion letter to reach the Claims Administrator, and for an objection or notice of intention to appear to be postmarked
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February 10, 2027Claim filing deadline180 days after entry of the order — last day to submit a claim form online or by mail for surcharged transactions at Independent ATMs
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February 17, 2027 · 4:00 p.m. ETFinal approval (Fairness) hearingBefore Judge Richard J. Leon in Courtroom 18, U.S. District Court for the District of Columbia; the court will decide whether to grant final approval and rule on fees and service awards. The notice cautions the hearing may be held electronically or moved without additional notice
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~6 months after final approvalPayments distributed to class membersDigital payments (PayPal, virtual debit card) or mailed check, on a pro rata basis from the Net Settlement Fund — assuming no appeals delay the schedule
When Is the Class Action Settlement Payment Date?
There is no payment date yet, and there cannot be one until after final approval. The earliest the court can approve the settlement is the February 17, 2027 Fairness Hearing, and payments also wait on any appeals. Per the notice, if the settlement is approved and no appeals are filed, the Claims Administrator anticipates payments will be sent out within six months of final approval. The Net Settlement Fund is distributed only after the Effective Date of Settlement, which the Settlement Agreement ties to final approval becoming non-appealable.How Many People Are Affected?
The filing describes a nationwide class and indicates an extremely large potential class size, given the time period and the number of ATM transactions in the United States. A practical way to think about it is that this could include millions of consumers.Who Represents the Class?
The Court has appointed the following firms as Class Co-Lead Counsel:• Douglas G. Thompson — Finkelstein Thompson LLP (Washington, DC)
• Christopher Lovell — Lovell Stewart Halebian Jacobson LLP (New York, NY)
Class members are not charged for Class Co-Lead Counsel. Counsel will ask the Court for attorneys' fees of up to 30% of the Settlement Fund, plus reimbursement of costs and expenses, plus service awards of up to $17,500 for each class representative. All such amounts, if approved, will be paid from the Settlement Fund.
When Will This Class Action Be Certified?
The case previously achieved class certification during litigation. For settlement purposes, the court also certifies a settlement class as part of preliminary approval, and confirms it at final approval.Is the Settlement Final?
Not yet. The court granted preliminary approval on August 14, 2026, which is what opened the claim window, but final approval is a separate decision to be made at the February 17, 2027 Fairness Hearing. Two outcomes remain open: if the court denies final approval, or approval is vacated on appeal, the Settlement Agreement 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. Filing a claim now costs nothing and preserves your place if the settlement is approved.What Is the Anticipated Settlement Amount?
The proposed settlement amount is $167,500,000, unless the court requires changes or the settlement is terminated.How Much Will Each Class Action Claimant Be Paid?
That is unknown right now. Because this is a pro rata claims process, your payout will depend on how many people file valid claims, how many qualifying transactions are approved, and how much is left after court-approved fees and costs.Is the Burke ATM Settlement a Scam? How to Avoid Fake "Pre-Filing" Services
The underlying Burke v. Visa case is legitimate — it has been pending in federal court since 2011, the $167.5 million settlement motion is on the docket as ECF 195-3, and the court granted preliminary approval on August 14, 2026 as ECF No. 198. But a newly opened claim window with no payments yet is exactly the vacuum scam operators fill, and the parallel Mackmin ATM settlement is already the subject of a fraud warning from its own administrator. Watch out for:• Anyone who asks you to "register," "reserve" or expedite a Burke claim in exchange for money or your bank information. The only legitimate way to file is the free official claim form on NonbankATMSurchargeSettlement.com.
• Any email announcing that an ATM settlement payment is ready. Burke cannot pay before final approval, and the official Mackmin ATM settlement website says its own digital payments were all canceled and warns of fraudulent attempts to send digital payments to class members. Do not click links in those emails; go to the settlement website by typing the address.
• Emails or texts claiming you are "guaranteed" a specific payout. The Burke payout is pro rata; no one can guarantee a dollar amount in advance.
• "Settlement assistance" services that demand a percentage of your payout. Class actions like Burke are designed to let class members file directly with the administrator at no cost; Class Co-Lead Counsel is paid from the fund, not by individual claimants.
• Lookalike domains — the only official Settlement Website (once live) is the exact domain NonbankATMSurchargeSettlement.com administered by A.B. Data, Ltd.
When in doubt, verify any link against the court docket in the U.S. District Court for the District of Columbia, or reach NonbankATMSurchargeSettlement.com by typing the address rather than following a link. Notice in this case is emailed and advertised; you never have to buy your way into it, and no legitimate administrator charges a fee to file a claim or to release a payment. Phishing can be reported to the FTC at reportfraud.ftc.gov.
Who Is the Settlement Administrator?
The August 14, 2026 order appointed A.B. Data, Ltd. as the Settlement Administrator and U.S. Bank as escrow agent for the Settlement Fund. The official website is NonbankATMSurchargeSettlement.com, maintained by the Claims Administrator under the supervision of Class Counsel. The order also authorized the administrator to use, for direct notice only, the email addresses it already holds from the two prior Mackmin ATM settlements in the coordinated action, designating that information highly confidential under the protective order.Related ATM Settlements on OpenClassActions
• $197.5M Mackmin v. Visa ATM Surcharge Settlement — Digital Payments April 2026• 2022 $66.74M Bank ATM Fees Settlement
• Nonbank ATM Surcharge Settlement Claims Are Open — Deadline February 10, 2027
• $167.5M Nonbank ATM Fee Settlement — Court Order Entered August 14, 2026
• ATM Settlement Payments Now Available — April 2026
• ATM Surcharge Settlement Payout Update — Fraud Review Timeline
• ATM Settlement Payment Delayed — Now Expected Mid-April 2026
• ATM Settlement Payment Delayed — No Established Timeframe (March 2026)
Official 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 and its thirty numbered questions
• Non-Bank ATM Surcharge Settlement Claim Form — the court-approved claim form and instructions
• Motion for Preliminary Approval — ECF 195-3, filed December 18, 2025
Sources
• Official settlement website: NonbankATMSurchargeSettlement.com, maintained by the Claims Administrator under the supervision of Class Counsel• Order Granting Preliminary Approval, ECF No. 198, entered August 14, 2026: Burke v. Visa Inc. preliminary approval order (PDF)
• Court-approved long-form notice: Notice of Proposed Class Action Settlement (PDF)
• Court-approved claim form: Non-Bank ATM Surcharge Settlement Claim Form (PDF)
• Motion for preliminary approval, ECF 195-3: Burke Visa Mastercard ATM Fees Settlement Motion
• Court docket (ECF No. 198, entered August 14, 2026): Burke v. Visa Inc., No. 1:11-cv-01882 (D.D.C.)
• Prior settlement page: ATM Settlement Overview
• Prior settlement page: $197.5M Mackmin ATM Fees Class Action Settlement (Claims Closed)
Consumer Notice
This page is for informational purposes only. OpenClassActions.com is a consumer news site and is not a law firm, and it is not the settlement administrator.
For more class actions keep scrolling below.
Settlement Fund
$167,500,000 — Visa $88,775,000 · Mastercard $78,725,000
Case Title
Burke v. Visa Inc.
Case Number
No. 1:11-cv-01882 (RJL)
Court
U.S. District Court for the District of Columbia
Judge
Hon. Richard J. Leon
Status
Claims open — preliminary approval granted August 14, 2026 (ECF No. 198); final approval still required
Final Approval Hearing
February 17, 2027 at 4:00 p.m. ET
Courtroom 18 · may be moved or held electronically without further notice
Class Period
October 24, 2007 through August 14, 2026
Class Co-Lead Counsel
Finkelstein Thompson LLP (Douglas G. Thompson); Lovell Stewart Halebian Jacobson LLP (Christopher Lovell)
Statewide Classes
California, Illinois, Massachusetts, Michigan
Attorneys' Fees
Up to 30% of fund (requested)
Service Awards
Up to $17,500 per class representative (requested)
Claim Deadline
February 10, 2027
online or mailed postmarked by that date
Opt-Out / Objection Deadline
December 11, 2026
Proof Required
No documents required to file
sworn under penalty of perjury · the administrator may later request bank statements or other support
Payment Method
Digital via email (PayPal or virtual debit card); mailed check available on request
Estimated Payment Timing
Approximately 6 months after final approval if no appeals
Does NOT Cover
Credit card transactions; cash advances; prepaid cards; foreign-issued cards
Administrator
A.B. Data, Ltd. (court-appointed August 14, 2026)
Key Allegations
Antitrust — Visa/Mastercard network rules blocked IATM operators from charging differential access fees, allegedly inflating consumer surcharges
Court Docket
Burke v. Visa Inc. docket (CourtListener)
ECF No. 198 (preliminary approval) entered August 14, 2026
Preliminary Approval Order
View Order (ECF No. 198)
Court-Approved Notice
View Long-Form Notice
Claim Form (PDF)
View Claim Form
