Apple Pay Fees Lawsuit, Is Your Bank or Credit Union Part of the Case? — Affinity Credit Union v. Apple Inc., No. 4:22-cv-04174-JSW

Apple is fighting a certified class action, Affinity Credit Union v. Apple Inc., No. 4:22-cv-04174-JSW, over the fees it charges banks and credit unions for Apple Pay transactions. A federal judge just ruled that qualifying card issuers can pursue the claim as a group instead of filing one by one. There’s no settlement and no payout yet — but if your institution issues Apple Pay-enabled cards, this is worth five minutes of your time.

Apple Pay Fees Lawsuit — Key Facts

Lawsuit Filed	July 18, 2022 (amended complaint filed October 2022)
Defendant	Apple Inc.
Alleged Harm	Supracompetitive Apple Pay transaction fees charged to card issuers, enabled by an alleged monopoly over tap-to-pay on iPhone
Law Alleged	Sherman Antitrust Act, Section 2 (unlawful monopolization)
Who Is Affected	U.S. entities that issued a payment card enabled for Apple Pay and paid Apple a transaction fee on that card
Court & Case Number	U.S. District Court, Northern District of California (Oakland Division), No. 4:22-cv-04174-JSW
Current Stage	Class certified September 23, 2026; litigation continues toward trial
Lead Plaintiff Deadline	N/A — class representatives (Affinity, GreenState, and Consumers Co-Op Credit Unions) are already named and approved
Settlement Status	No settlement. No payout. Active litigation only
Last Updated	September 26, 2026

Who Is Apple, and Why Is It Being Sued Over Apple Pay Fees?

Apple built the NFC chip into every iPhone, iPad, and Apple Watch, then made its own Apple Pay wallet the only app allowed to use that chip for tap-to-pay purchases. Card issuers who want their customers to tap and pay with an iPhone have exactly one door to walk through, and Apple charges a toll every time someone walks through it. That’s the setup this lawsuit challenges.

What Did Apple Do to Card Issuers Since 2022?

Three credit unions — Affinity, GreenState, and Consumers Co-Op — filed the case in July 2022, later joined into one amended complaint. Their claim: Apple violated the Sherman Antitrust Act, a 130-year-old law that bans one company from illegally cornering a market, by locking every competing mobile wallet out of the iPhone’s NFC hardware.

Here’s the fee structure at the center of it. Apple charges U.S. card issuers 0.15% on every Apple Pay credit transaction and half a cent on every debit transaction. Android’s tap-to-pay wallets charge card issuers nothing for the same service. On a $1,000 purchase, that 0.15% works out to $1.50 pulled from the issuing bank — not the shopper, the bank. Multiply that across the more than 4,000 U.S. banks and credit unions that offer Apple Pay, and the plaintiffs say it adds up to roughly $1 billion a year.

“Apple’s conduct harms not only issuers, but also consumers and competition as a whole,” the complaint argued, according to the original filing reported by Reuters.

Apple tried to get the whole case thrown out. A judge let the monopolization claim survive while dismissing a separate tying theory, and this September, U.S. District Judge Jeffrey S. White certified the case as a class action and rejected Apple’s attempt to block the plaintiffs’ damages expert from testifying. That’s a real signal — courts don’t let expert testimony about billion-dollar monopoly damages through on a weak case.

Are You Part of the Apple Pay Fees Lawsuit?

Here’s exactly how to know if your institution is included.

• Banks, credit unions, and other entities that issued any U.S. payment card enabled for Apple Pay
• Institutions that paid Apple a transaction fee — 0.15% on credit, half a cent on debit — for purchases made through that card
• Both large and small issuers; the named plaintiffs are two Iowa credit unions and one from Illinois, not megabanks
• Anyone still paying those fees today, since the class isn’t limited to a past date range

Individual iPhone owners and cardholders are not part of this class. Apple’s own policy blocks issuers from passing the fee onto customers directly, so the people paying it are the institutions behind your card — not you at the register. That’s worth sitting with for a second: the fee you never see on a statement may still be shrinking the rewards or rebates your card issuer can afford to offer you.

This Is a Federal Case — It Covers All 50 States

The class is defined by who issued the card and paid the fee, not by geography. Any qualifying U.S. entity is covered no matter which state it’s chartered in.

Not sure if your institution qualifies for the Apple Pay fees lawsuit? A free consultation with a class action antitrust attorney can walk you through the class definition and what it means for your specific card programs before this moves further.

What Are the Card Issuers Asking the Court to Award?

The plaintiffs want two things: money back, and a change to how Apple runs Apple Pay going forward. On the money side, antitrust law allows successful plaintiffs to collect treble damages — three times the actual harm — which on an alleged $1 billion-a-year fee stream is not a small number. On the policy side, they’re asking the court to bar Apple from continuing to lock competing wallets out of the NFC chip.

No money yet. No claim form yet. Class certification means the case can proceed as a group — it does not mean Apple has been found liable, and it does not set a dollar figure.

What Could Card Issuers Receive If This Case Resolves?

Impossible to predict with any precision. Antitrust cases like this typically end one of three ways: a jury verdict after trial, a negotiated settlement, or a court-ordered injunction with no damages at all if the monopolization claim doesn’t hold up. The amount, if any, would depend on how a jury or judge values the fees actually paid across thousands of financial institutions, then whether that figure gets tripled under Sherman Act damages rules. Talk to a class action antitrust attorney if your institution wants to understand its specific exposure or potential recovery rather than guess at a number nobody has yet.

What Should Affected Card Issuers Do Right Now?

1. Most Apple Pay-enabled card issuers are automatically included in the certified class — there’s no application to submit at this stage
2. Pull your Apple Pay transaction and fee records now: monthly statements from your card network or processor showing the 0.15% credit and half-cent debit charges
3. Document the total fees your institution has paid Apple since it began offering Apple Pay, and note any competing wallet requests Apple denied
4. Watch for a class notice — once one goes out, it will explain the opt-out process and deadline (not yet announced as of this writing — UNVERIFIED)
5. Monitor the docket in Affinity Credit Union v. Apple Inc., No. 4:22-cv-04174-JSW, U.S. District Court for the Northern District of California
6. If your institution wants to pursue its own separate claim instead of riding with the class, that’s a conversation to have with a class action antitrust attorney before any opt-out window closes

Apple Pay Fees Lawsuit — Full Timeline

Milestone	Date
Apple Pay launched, fee structure in effect	UNVERIFIED — exact date Apple began charging issuer fees not specified in available filings
Original complaint filed (Affinity Credit Union)	July 18, 2022
Amended complaint filed (adds GreenState, Consumers Co-Op)	October 2022
Apple’s motion to dismiss partially denied	September 2023
Class certified; Apple’s expert challenge denied	September 23, 2026
Next scheduled hearing	UNVERIFIED — no future hearing date confirmed in current filings
Expected resolution	UNVERIFIED — no trial date has been set

Apple Pay Fees Lawsuit — Frequently Asked Questions, No. 4:22-cv-04174-JSW

Is there a class action lawsuit against Apple over Apple Pay fees right now?

 Yes. Affinity Credit Union v. Apple Inc., No. 4:22-cv-04174-JSW, was certified as a class action on September 23, 2026, in the Northern District of California.

Do I need to do anything right now to be part of the Apple Pay lawsuit? 

If your institution qualifies, you’re already part of the certified class. No claim form exists yet. A class notice with opt-out instructions is expected once the litigation reaches that stage.

When will the Apple Pay fees case settle?

 There’s no timeline. Class certification is one step in the process — the case still has to go through further litigation, and possibly a trial, before any settlement or verdict.

Can my institution file its own lawsuit against Apple instead of joining the class?

 Yes, opting out and pursuing an individual claim is generally an option once a class notice goes out, though it comes with its own costs and risks. A class action antitrust attorney can walk your institution through that trade-off.

How will card issuers find out if the Apple Pay case settles?

 Through official class notice, typically mailed and emailed to identified class members, plus filings on the court’s public docket for No. 4:22-cv-04174-JSW.

What does class certification mean for the Apple Pay case, and why does it matter?

 Certification means the court agreed the claims are similar enough across thousands of card issuers to be resolved together, rather than in separate lawsuits. It’s a major procedural win for the plaintiffs but doesn’t decide who wins the underlying antitrust claim.

What specific law does Apple allegedly violate in the Apple Pay case? 

Section 2 of the Sherman Antitrust Act, which prohibits illegally monopolizing a market — here, the alleged market for tap-to-pay mobile wallets on iPhone.

How much could card issuers get if this case resolves in their favor?

 Unknown. The plaintiffs are seeking treble damages on an alleged $1 billion-a-year fee stream, plus an injunction changing Apple’s NFC access policy, but no dollar figure has been set or offered by either side.

Sources Used in This Apple Pay Fees Article

• Hagens Berman Sobol Shapiro LLP — Official press release on class certification, September 25, 2026: https://www.financialcontent.com/article/bizwire-2026-9-25-hagens-berman-credit-unions-win-class-certification-in-class-action-lawsuit-against-apple-alleging-illicit-revenue-from-apple-pay-fees
• U.S. District Court, N.D. Cal. — Order Granting Class Certification, Affinity Credit Union v. Apple Inc., No. 4:22-cv-04174-JSW, September 23, 2026 (hosted by class counsel Hagens Berman): https://www.hbsslaw.com/sites/default/files/case-downloads/apple-pay/2026-09-23-Order-Granting-Class-Certification.pdf
• Reuters, via Business Standard — “Apple sued in San Francisco for antitrust violations over Apple Pay”: https://bsppd.business-standard.com/article/international/apple-sued-in-san-francisco-for-antitrust-violations-over-apple-pay-122071900053_1.html

Researched and written by Israr Ahmad, legal content researcher and founder of AllAboutLawyer.com. All facts verified against the Northern District of California’s class certification order and Hagens Berman’s official press release, as of September 26, 2026. Last Updated: September 26, 2026.

This article is for informational purposes only and does not constitute legal advice. Laws vary by state and individual circumstances differ. For advice about your specific situation, consult a qualified attorney.