Visa & Mastercard ATM Surcharge Settlement: Check If You Qualify — Burke v. Visa Inc., No. 1:11-cv-01882

There’s up to $167.5 million waiting to be split among people who used non-bank ATMs — if you paid a surcharge to pull cash out at one of those machines between October 24, 2007, and August 14, 2026, and your bank never reimbursed you. Visa and Mastercard agreed to pay that amount to settle claims that their network rules kept those fees artificially high. You have until February 10, 2027, to file.

Visa & Mastercard ATM Surcharge Settlement — Key Facts

Settlement Amount	$167,500,000.00 total — Visa ($88,775,000.00) and Mastercard ($78,725,000.00)
Claim Deadline	February 10, 2027
Who Qualifies	Anyone in the U.S. charged a surcharge to withdraw cash at an independent (non-bank) ATM between October 24, 2007, and August 14, 2026, and not fully reimbursed by their bank
Estimated Payout	Pro rata share of the Net Settlement Fund based on qualifying transactions claimed — no fixed or minimum amount; more valid claims means smaller individual checks
Proof Required (Yes/No)	No proof needed to file; the Claims Administrator can request bank statements or other documentation later to verify a claim
Settlement Status	Proposed settlement filed December 18, 2025; awaiting final court approval
Court & Case Number	U.S. District Court for the District of Columbia — No. 1:11-cv-01882
Law Alleged	Sherman Antitrust Act (15 U.S.C. § 1 et seq.), plus California, Illinois, Massachusetts, and Michigan state antitrust laws
Administrator	A.B. Data, Ltd.
Official Claim Site	nonbankatmsurchargesettlement.com/file
Last Updated	September 12, 2026

Who Are Visa and Mastercard and Why Are They Being Sued Over ATM Surcharges?

Visa and Mastercard don’t own the independent ATMs at your corner gas station or the bar down the street — but their network rules decide how those machines connect to your bank. The lawsuit claims those rules blocked independent ATM operators from charging a lower fee even when a cheaper competing network was available to process the transaction. That’s the piece that put Visa and Mastercard, not the ATM owners, in the crosshairs here.

What Did Visa and Mastercard Do to ATM Users Between 2007 and 2026?

Four consumers — Peter Burke, Kent Harrison, Marin P. Heiskell, and Brian Byrnes — sued Visa and Mastercard back in 2011, arguing the companies’ operating rules amounted to price fixing. Independent ATM operators, the lawsuit says, weren’t allowed to “discount” their access fee even when a cheaper network could have handled the transaction. The Sherman Antitrust Act bans exactly that kind of agreement between competitors to limit price competition, and that’s the core claim here.

The case sat in the D.C. federal courthouse for over a decade before Visa and Mastercard agreed, in a filing made December 18, 2025, to pay $167.5 million to resolve it — without admitting they did anything wrong. It’s worth knowing this isn’t the only settlement to come out of this fight. A related case over bank-owned ATM fees produced a $67 million settlement with several banks back in 2022, then a $197.5 million settlement with Visa and Mastercard in 2025. Add this $167.5 million on top, and the three related cases have now produced more than $430 million in settlements over the same underlying ATM-fee dispute.

Who Qualifies for the Visa & Mastercard ATM Surcharge Settlement?

Here’s exactly how to know if this case includes you.

• People who withdrew cash using an ATM or pin-debit card at an independent ATM in the U.S. or its territories
• Anyone charged a surcharge on that withdrawal that their bank didn’t fully reimburse
• Transactions made any time between October 24, 2007, and August 14, 2026
• Residents of California, Illinois, Massachusetts, or Michigan may also fall under one of four Statewide Classes with additional state antitrust claims

Who’s excluded: Visa and Mastercard themselves, their officers and employees, any entity they control, government bodies, the presiding judge’s staff and immediate family, assigned jurors, and anyone who opts out.

Credit card cash advances, prepaid card transactions, and withdrawals at bank-owned ATMs don’t count here — those are covered by the separate, already-settled Mackmin case.

Visa & Mastercard ATM Surcharge Class Members Outside California, Illinois, Massachusetts, and Michigan — Are You Still Covered?

Yes. The Nationwide Class covers every U.S. state and territory. Residents of California, Illinois, Massachusetts, and Michigan get an extra layer of protection through the Statewide Classes, which add state antitrust claims on top of the federal one — but the core eligibility rule is the same no matter where you live: a surcharged withdrawal at an independent ATM that your bank didn’t cover.

Not sure if you qualify for the Visa & Mastercard ATM surcharge settlement? A free consultation with a class action lawsuit attorney can help you sort out overlapping claims across the related ATM cases before the February 10 deadline.

How Much Can Visa & Mastercard ATM Surcharge Settlement Class Members Get?

Here’s the honest answer, straight from the settlement notice: nobody knows yet, and nobody can. This isn’t a flat-rate or tiered settlement — it’s pro rata, meaning your share depends on how many qualifying transactions you claim and how many other people file valid claims too.

After attorneys’ fees, litigation costs, up to $3 million in notice and administration costs, and service awards for the four class representatives are deducted, whatever’s left — the Net Settlement Fund — gets divided among everyone with an approved claim, based on the number of surcharged withdrawals each person reports. More filers claiming more transactions means a smaller check for everyone; fewer filers means a bigger one. Class counsel is asking the court for up to 30% of the fund, or roughly $50 million, in fees.

Payments go out digitally — PayPal, a virtual debit card, or similar — though you can request a paper check instead. Payments over $600 may be reported on a 1099. Check with a tax professional.

How to File Your Visa & Mastercard ATM Surcharge Settlement Claim — Step by Step

1. Go to nonbankatmsurchargesettlement.com/file
2. Enter your name, address, mobile phone number, and a current email address
3. Confirm you were charged an unreimbursed surcharge at an independent ATM using an ATM or pin-debit card between October 24, 2007, and August 14, 2026
4. Estimate the number of times you paid that surcharge during those years — a four-digit number, your best honest estimate
5. Sign the certification under penalty of perjury and submit
6. Watch your email and phone for payment instructions — the administrator may also ask for bank statements to back up your estimate

Takes about 5 minutes. You have until February 10, 2027, to file at nonbankatmsurchargesettlement.com/file.

Should Visa & Mastercard Class Members Opt Out or Object Before December 11, 2026?

What Opting Out of the Visa & Mastercard Settlement Actually Means

Opting out means no payment from this settlement, but you keep the right to sue Visa and Mastercard on your own over the same claims. Most people shouldn’t take that step without legal advice — mail your opt-out letter to the Claims Administrator by December 11, 2026.

How to Object to the Visa & Mastercard Settlement

You can stay in the class and still tell the court you don’t like part of the deal. Mail a written objection, with your name, contact information, and reasons, to the Court Clerk at 333 Constitution Avenue NW, Washington, D.C. 20001, postmarked by December 11, 2026. You can file a claim even if you object.

Talk to a class action lawsuit attorney before December 11 if you’re considering either option.

Visa & Mastercard ATM Surcharge Settlement — Key Dates, 2026-2027

Milestone	Date
Settlement Proposed	December 18, 2025
Claims Period Opens	UNVERIFIED — online claim portal live as of this writing; exact open date not specified in the notice
Opt-Out Deadline	December 11, 2026
Objection Deadline	December 11, 2026
Claim Filing Deadline	February 10, 2027
Final Approval Hearing	February 17, 2027, 4:00 p.m., Courtroom 18, U.S. District Court for D.C.
Expected Payment Date	UNVERIFIED — administrator anticipates payments within six months of final approval if no appeals are filed, per the settlement notice

Visa & Mastercard ATM Surcharge — Frequently Asked Questions, No. 1:11-cv-01882

Do I need a lawyer to file a Visa & Mastercard ATM surcharge settlement claim?

 No. The claim form at nonbankatmsurchargesettlement.com/file asks a few short questions and takes about five minutes. A lawyer is only worth considering if you’re weighing an opt-out.

Is the Visa & Mastercard ATM surcharge settlement legitimate?

 Yes. It’s a court-authorized notice tied to Burke v. Visa Inc., No. 1:11-cv-01882, in the U.S. District Court for the District of Columbia, administered by A.B. Data, Ltd. Watch out for anyone asking you to pay a fee to file — the real process is free.

When will Visa & Mastercard settlement payments be sent?

 Only after the Fairness Hearing on February 17, 2027, and after any appeals of the court’s approval are resolved. If the court approves the deal and nobody appeals, the administrator expects to send payments within about six months.

What if I missed the Visa & Mastercard claim deadline? 

Claims postmarked or submitted online after February 10, 2027, are generally rejected. Call the administrator at 1-866-893-1052 right away if you think you have an exception.

Will my Visa & Mastercard settlement payment go on a 1099? 

Payments over $600 may be reported on a 1099. Talk to a tax professional about how to handle it.

How much will I get from the Visa & Mastercard ATM surcharge settlement?

 There’s no set amount. Your payment is a pro rata share of the Net Settlement Fund based on how many surcharged withdrawals you claim, divided among everyone who files a valid claim — so the final number depends on how many people file.

I already filed a claim in the Mackmin bank-ATM settlement — do I need to file again here? 

Yes, if you also used independent, non-bank ATMs. Burke v. Visa Inc. and the Mackmin case cover different types of ATMs and different classes. Filing in one doesn’t cover the other.

What specific laws do Visa and Mastercard allegedly violate in this case?

 The complaint cites the Sherman Antitrust Act, plus the antitrust laws of California, Illinois, Massachusetts, and Michigan for residents of those states.

Sources Used in This Visa & Mastercard ATM Surcharge Article

• Official Long Form Notice of Proposed Class Action Settlement — Burke v. Visa Inc., No. 1:11-cv-01882: https://www.nonbankatmsurchargesettlement.com/assets/documents/Burke%20v.%20Visa_Long%20Form%20Notice_FINAL.pdf
• Official Claim Form — Burke v. Visa Inc.: https://www.nonbankatmsurchargesettlement.com/assets/documents/Burke%20v.%20Visa_Claim%20Form_FINAL.pdf
• Reuters — “Visa, Mastercard to pay $167.5M in ATM user fee settlement,” December 19, 2025: https://molawyersmedia.com/2025/12/19/visa-mastercard-atm-fee-class-action-settlement/

Researched and written by Israr Ahmad, legal content researcher and founder of AllAboutLawyer.com. All facts verified against the official court-authorized settlement notice and claim form, and against Reuters’ reporting on the filed settlement, as of September 12, 2026. Last Updated: September 12, 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.