No, overdraft fees do not count toward eligibility in the Visa and Mastercard fee settlement. The case covers only the ATM surcharge, meaning the access fee charged by the ATM operator for a cash withdrawal at an independent, non-bank machine, as LawFold reports in LawFold's updated settlement breakdown.
Visa and Mastercard agreed to pay $167.5 million to settle Burke v. Visa over alleged inflated independent-ATM fees, as SRN News reports in SRN News's settlement report. That fund is only for people who paid that specific surcharge out of pocket.
Official resources:
- Check eligibility on Lawfold’s official study page — Use this page to check the study’s participation requirements.
- Read the official notice from Srnnews — Use this primary source to verify the official announcement.
Table of Contents
- What Fee Actually Counts?
- Which ATMs and Accounts Qualify?
- What Dates and Reimbursements Matter?
- How Do You File for Payment?
What Fee Actually Counts?
Only the operator's surcharge counts. That is the extra fee shown on the ATM screen before you accept the withdrawal.
Your monthly statement may list several other charges from the same trip. Overdraft, bank out-of-network, foreign-transaction, and balance-inquiry fees are expressly excluded. An overdraft charge from your own bank after a withdrawal does not create eligibility, even if the withdrawal itself also carried a surcharge.
Which ATMs and Accounts Qualify?
The machine must be an independent, non-bank ATM not owned by a bank or financial institution. Common examples are cash machines in convenience stores, bars, hotels, and stand-alone kiosks. A bank-owned ATM across town does not qualify, even if your bank calls it out-of-network.
You must be a U.S. holder who used an ATM or PIN-debit card to withdraw cash from a deposit account. The eligible transaction is a debit withdrawal of your own money. Credit-card purchases, cash advances, and prepaid-card transactions do not qualify.
What Dates and Reimbursements Matter?
Only withdrawals between Oct. 24, 2007 and Aug. 14, 2026 qualify, as Class Counsel announced in Class Counsel's announcement via PR Newswire.
That period defines the nationwide class plus separate statewide classes for California, Illinois, Massachusetts, and Michigan. A qualifying surcharge outside those dates does not count. You must have paid an unreimbursed surcharge. If your bank fully refunded the fee, you are excluded from the class.
- paid a non-bank ATM surcharge yourself and kept the cost counts
- received a full reimbursement for that surcharge does not count
- paid only an overdraft or your bank's own foreign-ATM fee does not count
How Do You File for Payment?
File online at NonbankATMSurchargeSettlement.com by Feb. 10, 2027, as WCIA reports in WCIA's filing guide. Gather old statements that show non-bank ATM withdrawals and separate the operator surcharge from other bank charges.
File one claim with your best-supported transactions. Payments are pro-rata after the Feb. 17, 2027 final-approval hearing. Your amount will depend on how many valid claims are approved.