ATM Surcharge Class Action Settlement 2026 Updates and Claim Status

The long-running litigation over ATM access fees has reached a major milestone as of April 2026. Two separate settlements totaling over $430 million have been reached with Visa, Mastercard, and major banks including JPMorgan Chase, Wells Fargo, and Bank of America. These lawsuits alleged that the companies conspired to fix ATM surcharges and blocked independent operators from offering lower fees. While the primary claim window for bank-operated ATMs has recently closed, a new settlement regarding independent (non-bank) ATMs is currently moving through the court system.

Quick Facts

Field	Bank-Operated ATM Settlement (Mackmin)	Independent (Non-Bank) ATM Settlement (Burke)
Settlement Amount	$197.5 Million	$167.5 Million
Defendants	Visa, Mastercard, JPM, Wells Fargo, BofA	Visa and Mastercard
Claim Status	Closed (Auditing Phase)	Preliminary Approval (April 2026)
Claim Deadline	January 22, 2025 (Passed)	Expected Late 2026
Class Period	Oct 1, 2007 – July 26, 2024	Oct 1, 2007 – Present
Estimated Payout	23%–38% of claimed overcharges	TBD (Approx. $10–$40 per user)
Official Website	atmclassaction.com	TBD

Current Status & What Happens Next (April 2026)

• The Mackmin Settlement (Bank ATMs): The deadline to file a claim for the $197.5 million fund was January 22, 2025. As of April 2026, the claims administrator (A.B. Data, Ltd.) has completed the fraud analysis. Out of 63.5 million claims filed, only approximately 297,000 were verified as legitimate. This massive reduction means valid claimants are expected to receive a significantly higher percentage of their losses than initially predicted.
• The Burke Settlement (Independent ATMs): This is a new $167.5 million agreement finalized in late 2025 and granted preliminary approval in early 2026. This case covers anyone charged a fee at a non-bank ATM (such as those in bars, gas stations, or convenience stores).
• Payout Timeline: Payments for the first settlement are expected to begin shipping in mid-2026. The claim window for the second settlement is expected to open in late 2026 following the final approval hearing.

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What Was the ATM Lawsuit About?

The lawsuits, which began as far back as 2011, targeted “Non-Discrimination Rules” created by Visa and Mastercard. According to the plaintiffs:

• Price Fixing: These rules allegedly prevented independent ATM operators from charging lower fees to customers using cards from networks other than Visa or Mastercard.
• Reduced Competition: By forcing all users to pay the same high surcharge regardless of the network’s actual cost, the defendants allegedly eliminated competition and kept fees artificially high across the United States.
• Unfair Gains: Banks and card networks allegedly collected billions in excess fees from consumers who had no lower-cost alternatives.

Section 5: Who Is Eligible for the Settlement?

For the Bank-Operated Settlement (Closed):

You were eligible if you paid an unreimbursed surcharge at an ATM operated by a major bank (JPMorgan Chase, Bank of America, or Wells Fargo) between 2007 and 2024.

For the Independent ATM Settlement (Active/Pending):

You may be eligible if:

1. You used an independent, non-bank ATM (found in retail stores, festivals, bars, etc.) in the U.S.
2. You were charged an ATM Access Fee since October 1, 2007.
3. You used a Visa or Mastercard branded debit or credit card.
4. The fee was not reimbursed by your bank.

How Much Can You Receive?

• Mackmin Payouts: Due to the high rate of rejected “bot” and fraudulent claims, confirmed class members are now estimated to receive between 23% and 38% of their total documented overcharges. For a frequent ATM user, this could result in several hundred dollars.
• Burke Payouts: While individual amounts depend on the number of claims filed, legal experts anticipate a flat-rate payout option (around $15–$25) for those without receipts and a higher “documented loss” option for those with bank statements showing years of fees.

How to File a Claim

• If you already filed: You do not need to do anything. You can check your status by contacting A.B. Data at [email protected] with your Claim ID.
• If you have not filed: The portal for the independent ATM settlement is expected to launch at a new dedicated URL (or an updated atmclassaction.com) in late 2026. You will likely need to provide:
  1. Your contact information.
  2. The name of your bank.
  3. An estimate of how many times you used non-bank ATMs during the class period.

Important Deadlines & Dates

Milestone	Date
Bank-Operated ATM Claim Deadline	January 22, 2025 (Passed)
Independent ATM Settlement Preliminary Approval	March 2026
Expected Bank-ATM Payouts	Summer 2026
Expected Independent-ATM Claim Window Opens	Late 2026
Independent ATM Final Approval Hearing	TBD 2026

Frequently Asked Questions

Is the ATM class action settlement legitimate?

Yes. These settlements are the result of over 14 years of litigation. The administrator is A.B. Data, Ltd., a reputable firm. You can verify the cases via the U.S. District Court for the District of Columbia.

I missed the January 2025 deadline. Can I still get money?

You cannot get money from the $197.5 million “Bank” fund, but you can still file for the upcoming $167.5 million “Independent” fund once that window opens later this year.

What if I don’t have receipts from 2007?

The court generally allows “attestation,” where you sign under penalty of perjury that you used ATMs and paid fees. However, bank statements are the best way to maximize your payout if you are audited.

Why was my claim rejected in the first settlement?

The administrator used advanced fraud detection to clear out millions of duplicate and automated “bot” claims. If your claim was legitimate but rejected, you should have received an email with instructions on how to provide proof to “cure” your claim.

Sources & References

• Official Settlement Portal: ATMClassAction.com

“Missing Pillars” of Legal Reporting

• Discovery Insights: Discovery revealed that the “Non-Discrimination Rules” were so strictly enforced that even a $0.25 difference in fees between a Visa transaction and a lower-cost regional network transaction could trigger a “rule violation” notice for the ATM operator.
• Bellwether Context: The Mackmin settlement serves as a bellwether for fraud handling in massive consumer class actions. The fact that only 0.4% of claims were deemed valid is being cited in 2026 as a reason for more stringent “proof of use” requirements in future digital settlements.
• Objector Status: Several independent ATM owners “objected” to the settlement, arguing it didn’t do enough to permanently change the pricing rules. These objections were largely resolved in the 2026 preliminary approval of the Burke case.
• Tax Implications: For most consumers, these payouts are considered a “refund” of overcharges and are not taxable. Only the interest portion of a very large payout would need to be reported on a 1099.
• Attorney Fee Breakdown: The attorneys for the plaintiffs are seeking approximately $65 million (one-third of the fund) plus expenses, which covers over a decade of litigation and multiple appeals.

Last Updated: April 7, 2026

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Legal claims and outcomes depend on specific facts and applicable law. For advice regarding a particular situation, consult a qualified attorney.