What is the total settlement amount in the Burke Visa Mastercard ATM case?

The proposed settlement fund totals $167,500,000, subject to court approval.

Do I need proof to file a claim?

Proof is likely not required, consistent with the prior Mackmin and bank ATM settlements that used self-reported transaction counts. The Burke notice says each valid claim will receive a pro rata share based on the number of qualifying surcharged transactions submitted. Final proof rules will be confirmed on the official claim form after preliminary approval.

How much will Visa and Mastercard each pay in the Burke settlement?

Visa will pay $88,775,000 and Mastercard will pay $78,725,000, for a combined $167.5 million settlement fund.

Are there statewide classes in the Burke ATM settlement?

Yes. In addition to the Nationwide Class, the settlement creates statewide classes for California, Illinois, Massachusetts, and Michigan. A class member can belong to more than one class.

How will Burke settlement payments be sent?

Payments will be sent digitally via email, with options such as PayPal or a virtual debit card. Class members can also request a mailed check. The administrator estimates payments will go out within six months of final approval if no appeals are filed.

When will the claim form be available?

A claim form is expected to be released only after the court grants preliminary approval and notice begins.

New $167.5 Million Visa and Mastercard ATM Fees Settlement: Who Qualifies and When to File a Claim (2026)

Q: Who may qualify for a payout from the Burke ATM fees settlement?

You may qualify if you paid an ATM access fee for a domestic cash withdrawal at an independent, non bank ATM in the United States and you were not fully reimbursed by your bank, during the class period described in the court filing.

By Steve Levine

Published: April 23, 2026

Status Preliminary Approval Pending Motion filed December 18, 2025

Settlement Fund $167,500,000 Visa $88.775M · Mastercard $78.725M

Claim Deadline Pending ~180 days after preliminary approval

Proof Required Likely No prior Mackmin settlement was no-proof; final form TBD

What Is the New $167.5M ATM Fee Settlement About?

You may be part of yet another new $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. 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.

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 has been requested but not granted. Class Co-Lead Counsel filed the motion for preliminary approval on December 18, 2025. Judge Richard J. Leon of the U.S. District Court for the District of Columbia is the same judge who just finally approved the related $197.5M Mackmin ATM settlement on June 20, 2025.

When will preliminary approval happen? There is no preliminary approval hearing date set on the docket yet. In similar cases before Judge Leon, preliminary approval has typically been granted anywhere from a few months to roughly a year after the motion is filed, depending on the court's calendar and whether the judge asks for any changes to the notice plan. A realistic estimate for Burke is sometime in 2026, most likely mid-to-late 2026, but no earlier than the court schedules a hearing. We will update this page with the confirmed hearing date as soon as it is entered on the docket.

Why this matters for you: nothing happens on the claims side until preliminary approval is granted. The website NonbankATMSurchargeSettlement.com cannot launch, the claim form cannot be filed, and no payments can be calculated. So the most important date to watch for right now is the preliminary approval hearing date, not the claim deadline.

When Will the Burke ATM Settlement Claim Form Be Available?

The claim form is not live yet. You cannot file a claim for the $167.5M Burke v. Visa nonbank ATM settlement right now because the court has not granted preliminary approval. Based on the proposed schedule in the December 18, 2025 court filing, here is the expected timeline once preliminary approval is granted:

• Claim form goes live: about 28 days after preliminary approval
• Claim deadline: up to 180 days after preliminary approval
• Payments sent: about 6 months after final approval, if no appeals are filed

Preliminary approval is still pending. No hearing date has been set on the docket yet. Most observers expect preliminary approval sometime in 2026, which would put the earliest claim form window in mid-to-late 2026.

When Will the Nonbank ATM Surcharge Settlement Website Launch?

The official website for the Burke settlement is NonbankATMSurchargeSettlement.com. It is not live yet. The court filing says the website will launch as part of the notice process after preliminary approval, at the same time the claim form becomes available (about 28 days after preliminary approval).

Once it goes live, NonbankATMSurchargeSettlement.com is expected to host:

• The official online claim form
• The full Settlement Agreement and court-approved long-form notice
• Important dates (claim deadline, opt-out deadline, objection deadline, Fairness Hearing date)
• Updates on payment timing and distribution

Until the website launches, the best primary source is the court docket for Burke v. Visa Inc., No. 1:11-cv-01882 (D.D.C.), available through PACER. Secondary sources include this OpenClassActions page and the $197.5M Mackmin ATM Settlement page, which tracks the related bank-ATM case.

What Should I Do Right Now If I Paid a Nonbank ATM Surcharge?

There is nothing to file yet, so nothing is at risk of missing. The main things to do now:

• Do not pay anyone who claims to "register" or "pre-file" your Burke claim. No legitimate claim form exists yet, and no one can lock in your spot.
• Think back about the nonbank ATMs you have used since October 24, 2007 (the kind found in convenience stores, bars, gas stations, and hotels, not bank lobbies). A rough count of those surcharged withdrawals will be useful when the claim form asks for qualifying transactions.
• Keep an eye on NonbankATMSurchargeSettlement.com and this page for updates on preliminary approval and claim form launch.

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. The Burke nonbank case is a separate opportunity for surcharges paid at independent ATMs.

Is the Burke ATM Settlement Really No Proof Required, Like the Other ATM Settlements?

Short answer: we expect yes, no proof of purchase will be required, but this is not yet 100% confirmed. Here is the honest, fact-checked picture as of April 2026.

What the Burke court notice actually says about proof:

• The December 18, 2025 long-form notice (Document 195-3, Case No. 1:11-cv-01882) does not mention "proof," "receipts," "bank statements," or "documentation" anywhere. Not once.
• Question 10 of the 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 does not list any required supporting documents.
• The final, binding proof rules will be spelled out on the official claim form itself, which is expected to go live on NonbankATMSurchargeSettlement.com about 28 days after preliminary approval.

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:

• The Burke notice is a summary document. The Settlement Agreement itself and the claim form will define the exact rules. Neither is publicly posted yet because preliminary approval has not been granted.
• It is theoretically possible the claim form will ask for optional supporting documents (for example, to boost a claim above a cap) even if proof is not strictly required to file. That is how some other class actions structure tiered proof.
• We will update this page the moment the claim form launches on NonbankATMSurchargeSettlement.com with the final, confirmed proof rules.

Bottom line: based on the notice language and the two directly analogous ATM settlements that came before it, the Burke $167.5M settlement is expected to be no proof required, just like 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.

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 who was charged an access fee for a domestic cash withdrawal at an Independent ATM in the United States between October 24, 2007 and the date of preliminary approval, and you were not fully reimbursed by your bank.

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 will be important to provide a current, valid email address on the claim form and to keep the administrator updated if your email changes.

How Do I File a Claim?

You cannot file yet. The official settlement website NonbankATMSurchargeSettlement.com has not launched and the claim form is not live. Once the court grants preliminary approval, the website and claim form are expected to go live approximately 28 days after preliminary approval, and claims can be filed online or by mail.

When Will Claim Forms Be Available?

Claim forms are expected to become available only after preliminary approval. The proposed schedule described in the filing suggests claim filing would begin around 28 days after a preliminary approval order.

What Is the Claim Form Deadline?

The claim deadline has not been set yet. The filing proposes a deadline up to 180 days after preliminary approval, but that timetable can change if the court modifies the schedule.

What Are the Important Dates?

Here is what we know from the filing:

• Motion filed seeking preliminary approval: December 18, 2025
• Preliminary approval hearing date: Pending
• Claim form release: ~28 days after preliminary approval
• Claim deadline: ~180 days after preliminary approval
• Final approval (Fairness) hearing: Pending (U.S. District Court for D.C., Courtroom 18, 333 Constitution Ave NW)
• Payments sent: ~6 months after final approval if no appeals are filed

When Is the Class Action Settlement Payment Date?

There is no payment date yet. 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. Appeals can delay payments.

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 class representatives in the Burke case are Peter Burke, Kent Harrison, Marin P. Heiskell, and Brian Byrnes. 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 still needs to certify a settlement class as part of preliminary approval and final approval.

What Are the Odds This Class Action Is Settled?

A settlement has already been proposed, but it is not final until the court approves it. This open class action lawsuit is in the court approval stage now, not the payout stage.

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.

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:

Who Is the Settlement Administrator?

The filing identifies A.B. Data, Ltd. as the proposed settlement administrator. The official website (once live) will be NonbankATMSurchargeSettlement.com.

Related ATM Settlements on OpenClassActions

• $197.5M Mackmin v. Visa ATM Surcharge Settlement — Digital Payments April 2026
• 2022 $66.74M Bank ATM Fees Settlement
• 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 PDF

Sources

• Court filing PDF: Burke Visa Mastercard ATM Fees Settlement Motion
• Prior settlement page: ATM Settlement Overview
• Prior settlement page: ATM Fees Class Action Settlement (Claims Closed)

Case Summary

Case Summary
Case	Burke v. Visa Inc. No. 1:11-cv-01882 (RJL)
Status	Preliminary Approval Pending (motion filed Dec 18, 2025)
Settlement Fund	$167,500,000 Visa $88,775,000 · Mastercard $78,725,000
Attorneys' Fees	Up to 30% of fund (requested)
Service Awards	Up to $17,500 per class representative (requested)
Claim Form Deadline	Pending (~180 days after preliminary approval)
Proof Required	Likely No (pending final claim form)
Payment Method	Digital via email (PayPal, virtual debit card) or mailed check
Estimated Payment Timing	~6 months after final approval (no appeals)
Class Period	October 24, 2007 – date of preliminary approval
Class Representatives	Peter Burke, Kent Harrison, Marin P. Heiskell, Brian Byrnes
Class Co-Lead Counsel	Finkelstein Thompson LLP (Douglas G. Thompson) Lovell Stewart Halebian Jacobson LLP (Christopher Lovell)
Statewide Classes	California, Illinois, Massachusetts, Michigan
Does NOT Cover	Credit card transactions, cash advances, prepaid cards, foreign-issued cards
Settlement Administrator	A.B. Data, Ltd. (proposed)
Official Website	NonbankATMSurchargeSettlement.com (launches after preliminary approval)
Court	U.S. District Court for the District of Columbia
Key Allegations	Antitrust violation — Visa/Mastercard network rules blocked IATM operators from charging differential access fees
Official Court PDF	View Filing

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