Visa and Mastercard Non-Bank ATM Surcharge Settlement — File a Claim

Visa and Mastercard operate payment networks that help route card transactions between consumers' financial institutions and merchants or automated teller machines. Visa's relevant entities include Visa Inc., Visa U.S.A. Inc., Visa International Service Association, and Plus System, Inc.; Mastercard's relevant entities include Mastercard Incorporated and Mastercard International Incorporated, which does business as Mastercard Worldwide. This settlement concerns network rules affecting independently owned ATMs—machines not owned by a bank or other financial institution—and the surcharge an ATM operator charges a consumer for withdrawing cash.

Peter Burke and other named consumers brought the case on behalf of cardholders. Their complaint alleges that Visa and Mastercard rules prevented independent ATM operators from offering a lower surcharge when a transaction could be routed over a competing network that cost the operator less. The plaintiffs contend those rules restrained price competition and caused consumers to pay higher ATM access fees than they otherwise would have paid. These are allegations. Visa and Mastercard deny every claim and deny liability or wrongdoing.

The case is Burke v. Visa Inc. et al., No. 1:11-cv-01882, in the U.S. District Court for the District of Columbia. The complaint was amended several times, including a fourth amended complaint filed June 12, 2019. The court certified litigation classes in August 2021, with an amended certification order following in September 2021. Class certification means the court allowed specified claims to proceed collectively; it did not decide that the defendants violated antitrust law or that every class member suffered a loss.

The parties signed their settlement agreement on August 22, 2025 after extensive discovery and negotiations overseen by a mediator. On August 14, 2026, the court preliminarily approved the proposed $167.5 million settlement and authorized notice and a claims process. Preliminary approval means the proposal is sufficiently developed for class members to receive notice and respond. It is not final approval, a trial verdict, or a finding that Visa or Mastercard did anything wrong.

The settlement generally covers people in the United States who, from October 24, 2007 through August 14, 2026, paid a surcharge for a domestic cash withdrawal from a deposit account at an independent ATM and were not fully reimbursed by their bank. Credit-card transactions, cash advances, and prepaid-card transactions are outside the stated cash-withdrawal definition. A valid claim must be submitted by February 10, 2027. The court has scheduled a fairness hearing for February 17, 2027 at 4 p.m. Eastern Time to decide whether to grant final approval.

Visa and Mastercard will fund a gross settlement amount of $167.5 million. The entire amount is not divided directly among claimants. The fund may first pay court-approved attorneys' fees, litigation costs and expenses, notice and administration costs, taxes and tax expenses, and service awards for class representatives. The remaining amount is the net settlement fund available for eligible claims.

A claimant who submits a timely, valid form may receive a pro rata cash payment. “Pro rata” means a proportional distribution from the money available. The official materials do not promise a fixed payment per person. The final amount will depend on the net fund, the number of valid claims, the court-approved plan of distribution, and the administrator's review. No payment is guaranteed merely because someone submits a form.

The claim form says documentation is not required at the time of filing. A claimant must nevertheless certify under penalty of perjury that the information is accurate and complete. The claims administrator may later request bank statements or other documents supporting the claim. A person who received notice may use the notice ID when filing, but the official process also provides a path for claimants who do not have one.

Payments are expected to be offered digitally using the email address or mobile number supplied on the claim. The official claim instructions identify options such as PayPal or a virtual debit card and say a claimant may request a paper check when the payment notice arrives. Claimants are responsible for keeping their contact information current with the administrator.

Payments cannot begin unless the court grants final approval and the settlement becomes effective. Appeals, claim review, and administration can delay distribution. The current public materials do not state a payment date, and the fairness hearing itself does not guarantee immediate payment.