If you ever paid a fee to pull cash out of the machine in a corner store, a bar or a hotel lobby, there is now a claim form waiting for you. The $167.5 million Burke v. Visa nonbank ATM surcharge settlement opened to claims on September 11, 2026. No receipts are required, filing is free, and the deadline is February 10, 2027.
Status: Claims open | Deadline February 10, 2027 | Proof required: none to file | Fund: $167,500,000
The Claim Window Is Open
Judge Richard J. Leon granted preliminary approval on August 14, 2026 in Burke v. Visa Inc., No. 1:11-cv-01882 (RJL), in the U.S. District Court for the District of Columbia. That order, ECF No. 198, set the claim period to begin 28 days after entry and to close 180 days after entry. Those two counts land on September 11, 2026 and February 10, 2027.
The court-approved claim form, the long-form notice and the settlement agreement are all posted on the official settlement website, NonbankATMSurchargeSettlement.com. Claims can be filed online or mailed, postmarked no later than February 10, 2027. Our sister site keeps the full settlement page at OpenClassActions.com: $167.5M Burke v. Visa Nonbank ATM Settlement, and reported the order itself in its coverage of the August 14, 2026 preliminary approval.
The lawsuit alleges that Visa and Mastercard network operating rules violated antitrust laws by barring independent ATM operators from charging differential surcharges — from discounting the access fee when a transaction could be routed over a cheaper competing network — so cardholders allegedly paid more to use those machines than they should have. Visa and Mastercard deny wrongdoing. The settlement is expressly not an admission of liability, and the court has not decided who is right.
The Numbers
| Case | Burke v. Visa Inc., No. 1:11-cv-01882 (RJL) |
| Court | U.S. District Court for the District of Columbia |
| Judge | Hon. Richard J. Leon |
| Settlement fund | $167,500,000 — Visa $88,775,000, Mastercard $78,725,000 |
| Class period | October 24, 2007 through August 14, 2026 |
| Claims opened | September 11, 2026 |
| Claim deadline | February 10, 2027 — online or postmarked |
| Opt-out / objection deadline | December 11, 2026 |
| Fairness hearing | February 17, 2027 at 4:00 p.m. ET, Courtroom 18 |
| Proof required | None to file; the administrator may request support later |
| Payment method | Digital by email (PayPal or virtual debit card); mailed check on request |
| Administrator | A.B. Data, Ltd. |
| Official website | NonbankATMSurchargeSettlement.com |
Who Qualifies
The Nationwide Class covers people in the United States who were charged a surcharge — the notice also calls it an access fee — for a domestic cash withdrawal from a deposit account using an ATM or pin-debit card at an independent ATM located in the United States or its territories between October 24, 2007 and August 14, 2026, and who were not fully reimbursed by their bank. The class period ends on the date of the preliminary approval order, which is why August 14, 2026 is the cutoff.
An independent ATM, abbreviated IATM in the filings, is a machine not owned by Visa, Mastercard, or any bank or other financial institution. In practice those are the stand-alone machines in convenience stores, gas stations, bars and clubs, hotel lobbies and small retailers — not the ATMs at a bank branch.
The settlement also creates four separate statewide classes under the laws of California, Illinois, Massachusetts and Michigan, each defined the same way but limited to surcharges paid at an independent ATM located in that state. A person can belong to the Nationwide Class and one or more statewide classes at the same time.
Three kinds of transactions fall outside the class definition: credit card transactions, any transaction involving a cash advance, and any transaction involving a prepaid card. Also excluded are Visa and Mastercard and their officers, directors, employees, affiliates and controlled entities; any entity in which either has a controlling interest; federal, state and local government entities; the presiding judge, court staff and their immediate families; jurors assigned to the case; and anyone who validly opts out.
Why No Receipts Are Needed
The claim form instructions state plainly that no documentation is required at the time of filing, while adding that the Claims Administrator may ask for additional documentation or proof supporting the claim. The form itself carries a notice that the administrator has the right to request bank statements or other documents, and it is submitted under penalty of perjury.
What the form collects:
- A notice ID number, if you received an email notice — optional, and not required to file.
- Name, street address, city, state and ZIP code.
- A phone number and its type, plus an email address entered twice to verify it.
- Whether you were charged an unreimbursed surcharge to withdraw cash from an independent ATM in the United States or its territories between October 24, 2007 and August 14, 2026.
- Whether any of those surcharged independent-ATM transactions were made with an ATM or pin-debit card rather than a credit or gift card.
- An estimate of how many times you paid such a surcharge during the class period, entered as a whole number up to four digits.
- A signature and date certifying the information is accurate and complete, that you are a class member, and that you did not opt out.
That transaction estimate is the number that drives the payout, because the fund is divided by qualifying transaction count rather than paid as a flat amount. The class period runs nearly nineteen years and the notice does not ask anyone to reconstruct it from records — but the certification is sworn, so the estimate should be one you can stand behind.
Because payments are emailed, the form stresses providing a current, valid email address and mobile number, and says keeping that contact information accurate with the administrator is the claimant’s responsibility.
How Much Will It Pay?
There is no per-person figure, and nobody can calculate one yet. Each valid claim is eligible for a pro rata — proportional — share of the Net Settlement Fund based on the number of qualifying surcharged transactions submitted, measured against every other valid claim. The notice says so directly: because the amount of each payment depends on the number of approved transactions, nobody can know in advance how much the payment will be.
What comes out of the $167.5 million first: court-awarded attorneys’ fees, costs and expenses; notice and administration costs of up to $3 million; taxes and tax expenses; and service awards to the class representatives. Class Co-Lead Counsel — Finkelstein Thompson LLP and Lovell Stewart Halebian Jacobson LLP — will ask the court for fees of up to 30% of the fund plus reimbursement of costs, and for service awards of up to $17,500 per class representative. Those requests are subject to court approval and will be posted on the official settlement website when filed. Class members are not charged for Class Co-Lead Counsel.
Anything left in the fund after claims are processed goes to a non-profit or “next best” recipient approved by the court. None of it reverts to Visa or Mastercard.
When Payments Will Be Sent
Settlement payments are sent digitally by email. When the administrator emails a claimant about a payment, the notice says the claimant will be offered digital payment options such as PayPal or a virtual debit card, and will also have the option to request a paper check by mail instead.
No payment date is set. Payments can only be made after the court approves the settlement at the Fairness Hearing and after any appeals are resolved. The long-form notice says that if the settlement is approved and no appeals are filed, the Claims Administrator anticipates payments will be sent within six months of final approval. A.B. Data, Ltd. is the court-appointed Settlement Administrator and U.S. Bank is the escrow agent holding the fund.
Key Dates
- August 14, 2026 — the court granted preliminary approval, preliminarily certified the settlement classes, approved the notice plan and claim form, and appointed the administrator (ECF No. 198).
- September 11, 2026 — the claim period opened, 28 days after entry of the order, along with the settlement website, direct email notice and the digital-advertising notice program.
- December 11, 2026 — deadline to exclude yourself, and the deadline to object or file a notice of intention to appear.
- February 10, 2027 — claim deadline, online or postmarked by mail.
- February 17, 2027 at 4:00 p.m. ET — the Fairness Hearing, in Courtroom 18. The notice cautions that the hearing may be held electronically or moved without additional notice.
- Roughly six months after final approval — the administrator’s anticipated payment window, if the settlement is approved and no appeals are filed.
Two of those deadlines are easy to conflate. Excluding yourself and objecting are both due December 11, 2026, and they are opposite choices. Excluding yourself — opting out, done by mailing a signed letter to the Claims Administrator per Question 18 of the notice — is the only option that preserves the right to sue Visa or Mastercard separately over these claims, and it forfeits any payment. Objecting keeps you in the class and tells the court why you dislike the settlement; the court can only approve or reject the settlement, not rewrite it, and objecting does not prevent you from also filing a claim.
One detail matters for anyone who sat out an earlier ATM settlement: the order states that people who excluded themselves from the prior Mackmin ATM surcharge settlements are still bound by this Burke settlement unless they submit an exclusion request specifically for it.
This Is Not the ATM Settlement That Was Already Paying
Three parallel ATM fee cases were filed in October 2011 and are moving through the same court, which is why class members may receive more than one notice:
- Burke v. Visa, No. 1:11-cv-01882 — independent, nonbank ATMs. $167.5 million. Claims open now through February 10, 2027.
- Mackmin v. Visa, No. 1:11-cv-01831 — bank-owned ATMs. The first settlements with three banks were approved August 22, 2022 and totaled $67 million; the second, with Visa and Mastercard, was approved June 20, 2025 and totaled $197.5 million. Its claim deadline passed January 22, 2025 and is not reopening.
- National ATM Council v. Visa, No. 1:11-cv-01803 — the businesses that own and operate independent ATMs, not consumers.
The fraud risk sits on the Mackmin side. Its official settlement website now says digital payments were issued between April and June 2026 and that all digital payments have since been canceled, and warns that there have recently been fraudulent attempts to send digital payments to class members, telling class members not to click links in those emails. The distribution is not over, though: class members report receiving digital payments in September 2026 after asking the Claims Administrator about claims that had been under review and were approved. Some Mackmin payment emails are genuine and some are not, and the notice does not distinguish them — so reach the administrator by going to the settlement website yourself rather than following an emailed link. We break the two cases apart in our guide to telling Burke from Mackmin, and our sister site tracks the payout thread in its April 2026 fraud-review and timeline update.
Burke is at the opposite end of the process: claims just opened and no payments exist yet, which is exactly the vacuum scam operators like. Nobody can reserve, pre-register or expedite a Burke claim, and filing on the official settlement website costs nothing. Treat any message that asks for a fee, for banking credentials, or for account logins to secure an ATM settlement payment as fraudulent, and reach the settlement website by typing the address rather than following a link in an email. Phishing can be reported to the FTC at reportfraud.ftc.gov.
What Happens Next
The notice program runs alongside the claim window: direct email notice to potential class members, court-approved digital advertising, a news release distributed over PR Newswire’s US and Hispanic newslines, and a one-time third-page print notice in People magazine. The order authorized the administrator to use the email addresses it already holds from the two prior Mackmin settlements for notice in this case, under the protective order in the coordinated actions.
On the docket, Class Co-Lead Counsel’s motion for attorneys’ fees, costs and service awards is due 105 days after entry of the order, which falls in late November 2026, and the parties’ papers supporting final approval and responding to objections are due 133 days after entry, in late December 2026. All proceedings against Visa and Mastercard are stayed until the court rules on final approval.
Two outcomes remain possible and neither is decided. If the court denies final approval, or approval is vacated on appeal, the settlement becomes null and void and the parties return to their pre-settlement positions. Visa and Mastercard also retain the right to terminate the settlement if 6,000,000 potential class members opt out. Nothing is guaranteed until the court enters a final judgment and any appeals run their course.
Frequently Asked Questions
Who can file a claim in the nonbank ATM surcharge settlement?
People in the United States who paid a surcharge, not fully reimbursed by their bank, for a domestic cash withdrawal from a deposit account using an ATM or pin-debit card at an independent, nonbank ATM in the U.S. or its territories between October 24, 2007 and August 14, 2026. Credit card transactions, cash advances and prepaid card transactions are excluded.
What is the claim deadline?
February 10, 2027, filed online or mailed postmarked by that date. The order set the claim period to run 180 days from entry of the August 14, 2026 preliminary approval order.
Do I need receipts or bank statements to file?
No. The claim form instructions say no documentation is required at the time of filing. The Claims Administrator may later request bank statements or other support, and the form is submitted under penalty of perjury.
How much will the nonbank ATM settlement pay per person?
No per-person amount exists yet. Each valid claim receives a pro rata share of the Net Settlement Fund based on the number of qualifying surcharged transactions claimed, measured against all other valid claims, after fees, costs, administration expenses and service awards are deducted from the $167.5 million.
When will payments be sent?
No date is set. Payments can only follow final approval at the February 17, 2027 Fairness Hearing and the resolution of any appeals. If the settlement is approved and no appeals are filed, the administrator anticipates payments within six months of final approval, sent digitally by email with a mailed check available on request.
Is this the same as the ATM settlement that was already paying out?
No. That is Mackmin v. Visa, No. 1:11-cv-01831, which covered bank-owned ATMs and whose claim deadline passed January 22, 2025. Burke v. Visa, No. 1:11-cv-01882, covers independent, nonbank ATMs and its claims opened September 11, 2026.
Sources
- Official settlement website — NonbankATMSurchargeSettlement.com, maintained by the Claims Administrator under the supervision of Class Counsel.
- Burke v. Visa Inc., No. 1:11-cv-01882 (RJL), U.S. District Court for the District of Columbia — Order Granting Preliminary Approval of Settlement and Directing Notice to the Class, ECF No. 198, entered August 14, 2026, with the Stipulation and Agreement of Settlement attached as Exhibit A.
- Court-approved long-form Notice of Proposed Class Action Settlement and Non-Bank ATM Surcharge Settlement Claim Form, Burke v. Visa Inc.
- OpenClassActions.com — $167.5M Nonbank ATM Surcharge Settlement Claims Are Open, the full Burke v. Visa settlement page, and the ATM fee class action settlements overview.
Legal Disclaimer
This article is for informational purposes only and is not legal advice. OpenClassActions.org is a consumer news site, not a law firm and not the settlement administrator, and is not affiliated with Visa, Mastercard or any party to the case described. The allegations are allegations; the defendants deny wrongdoing and the court has not decided the merits. Deadlines and payment timing can change as the court and the administrator act, so confirm current status on the official settlement website. You never need to pay anyone to file a claim or to receive a settlement payment.