Class action settlement
$167.5 Million Nonbank ATM Surcharge Class Action Settlement
Last updated from the official settlement website (nonbankatmsurchargesettlement.com). Re-checked .
Consumers who paid a surcharge at a nonbank ATM in the United States from 2007-2026 may be eligible to claim a cash payment from a class action settlement.
Who qualifies and how to claim
Antitrust · Claims Open · Deadline February 10, 2027
Current Status: Claims Are Open Through February 10, 2027
The claim window is open. On August 14, 2026 Judge Richard J. Leon granted preliminary approval of the $167.5 million nonbank ATM settlement and directed notice to the class (Docket No. 198, Burke v. Visa Inc., No. 1:11-cv-01882 (RJL), U.S. District Court for the District of Columbia). That order set the claim period to commence 28 days after entry and to continue through 180 days after entry — September 11, 2026 and February 10, 2027.
What that means for you: the official settlement website, NonbankATMSurchargeSettlement.com, is live with the court-approved claim form, the long-form notice, the Settlement Agreement, the preliminary approval order and the case's important dates. Claims can be filed online or by mail postmarked no later than February 10, 2027, and no documents are required to file. Two earlier deadlines apply if you want out of the settlement or want to be heard on it: the opt-out and objection deadlines are both December 11, 2026. Final approval has not been granted — the Fairness Hearing is set for February 17, 2027 at 4:00 p.m. ET — so no payments can be issued yet.
Read the full details
What Is the $167.5M ATM Fee Settlement About?
You may be part of the $167,500,000 class action settlement reached with Visa and Mastercard over allegations that certain ATM network rules led consumers to pay higher ATM access fees at independent, nonbank ATMs. Visa and Mastercard deny any wrongdoing, and the court has not decided who is right. Claims have been open since September 11, 2026 and close February 10, 2027. This is the third ATM fee class action settlement in a connected series of cases, following the 2022 $66.74M bank ATM settlement and the $197.5M Mackmin v. Visa settlement finally approved June 20, 2025.
Under the proposed settlement, Visa will pay $88,775,000 and Mastercard will pay $78,725,000 into a combined Settlement Fund. After deductions for attorneys' fees and costs, taxes, up to $3 million in notice and administration costs, and service awards, the Net Settlement Fund will be distributed to Class Members who submit valid claims.
What Does "Preliminary Approval" Mean and When Will the Court Approve It?
"Preliminary approval" is a plain-English way of saying the judge has taken a first look at the proposed settlement and agreed that it is fair enough, on paper, to tell class members about it. It is step one of two.
Here is how a class action settlement normally becomes real money for claimants:
• Step 1 — Preliminary approval. The lawyers file a motion asking the judge to approve the settlement temporarily and to allow notice to be sent to class members. The judge reviews the terms, the proposed notice plan, and the attorneys' fees request. If the judge agrees, the court enters a Preliminary Approval Order. Once that happens, the settlement website goes live, the claim form goes live, and class members get mailed and emailed notice.
• Step 2 — Final approval. Months later, after class members have had a chance to file claims, opt out, or object, the judge holds a Fairness Hearing. If the judge signs a Final Approval Order, the settlement becomes binding and the administrator can start distributing payments.
Where Burke stands right now: step 1 is done and step 2 is not. Class Co-Lead Counsel filed the motion for preliminary approval on December 18, 2025, and it sat on the docket for roughly eight months. On August 14, 2026 the court granted it, preliminarily certified the settlement classes, approved the notice plan and the claim form, appointed A.B. Data, Ltd. as Settlement Administrator and U.S. Bank as escrow agent, and set the Fairness Hearing (ECF No. 198). Judge Richard J. Leon of the U.S. District Court for the District of Columbia is the same judge who finally approved the related $197.5M Mackmin ATM settlement on June 20, 2025.
Documents & history
The public record, word for word. Every line below is what the court or the settlement administrator published; we only add short notes on what each item means. The original document has the final word, and it is always one click away.
The story so far
Claims are open until Feb 10, 2027, 102 days left. The final approval hearing is on Feb 17, 2027.
- Latest
- Claim deadline Aug 14, 2026 · 3 months ago
- Next
- Opt-out deadline Dec 11, 2026 · in 6 weeks
Below is every step on record. The key moments come first; tap one to read about it, or pick a filter to see more. Read the graph left to right: each line is one place where things happen, the 0 court cases and the settlement’s website, and the big labelled marks are the moments that matter. Tap one to read about it. Puzzled by a word? See court words, in plain English.
- A decision by the judge
- A date to know
- Money paid out
- A request to the judge
- Paperwork or an update
- Still to come
- Final approvalJun 20, 2025 · Settlement website
- Preliminary approvalDec 18, 2025 · Settlement website
- Claim deadlineAug 14, 2026 · Settlement website
- Opt-out deadlineDec 11, 2026 · still to come
- Opt-out deadlineDec 11, 2026 · still to come
Coming up 4
- DeadlineDeadline coming up
Deadline to opt out
- DeadlineDeadline coming up
Deadline to opt out or object
- DeadlineDeadline coming up
Claim deadline
- HearingCourt hearing scheduled
Final approval hearing
August 2026 1 event
- DeadlineDeadline
Claim deadline
December 2025 1 event
- Judge’s decisionThe judge ruled on preliminary approval Granted
Preliminary approval granted
June 2025 1 event
- Judge’s decisionThe judge ruled on final approval Granted
Final approval granted
Nothing of this kind in the list.
Court filings come from the court's public docket through the free RECAP archive; official documents from the settlement administrator's own site. Other dates come from the official settlement site and the summary above. We show the record as published and do not interpret it for your case. Nothing here is legal advice.
Where this information comes from
- Official settlement websitewww.nonbankatmsurchargesettlement.com
Court words, in plain English What words like “motion” or “docket” mean. You never need them to file a claim.
- Attorneys’ fees money
What the lawyers for the group ask to be paid for bringing the case. It comes out of the settlement fund, and the judge decides the amount, often less than asked.
For example: The lawyers asked for a quarter of the fund in attorneys’ fees; the judge decides how much they get.
- Claim form what you fill in
The form you send to get your share of the settlement, online or by mail. Filing one is free.
For example: Send the claim form before the deadline, or you may not be paid.
- Class member you, probably
Anyone who fits the group the settlement covers. If you qualify, you are a class member, even if you never heard of the case before.
For example: If you bought the product during the years the notice lists, you are likely a class member.
- Class certification a decision
The judge agreeing that one case can speak for a whole group of people in the same situation.
For example: After class certification, the case went ahead for all the customers, not only the two who sued.
- Docket /DOK-it/ the court’s record
The court’s diary for a case: a numbered list of every paper filed and every step taken, in order.
For example: The judge’s order was added to the docket on May 20.
- ECF number /E-C-F/ a page number
ECF is the courts’ online filing system (Electronic Case Filing). "ECF 233" is item 233 on the case’s docket; "ECF 213-1" is the first attachment to item 213.
For example: A settlement agreement filed as ECF 251 is the 251st item on that case’s docket.
- Final approval hearing a date
Also called the fairness hearing: the day the judge listens to anyone with concerns, then decides whether the settlement is approved for good.
For example: The final approval hearing is usually the last big date before payments go out.
- Motion a request
A formal "please" to the judge: one side asks for something, like more time or approval of the deal. Nothing changes until the judge answers.
For example: The lawyers filed a motion to extend the claim deadline.
- Object /ob-JECT/ your choice
Staying in the settlement but telling the judge what you think should be better. You can still be paid.
For example: If you think the fees are too high, you can object before the deadline.
- Opt out your choice
Choosing to leave the settlement. You get nothing from it, but you keep your right to bring your own case.
For example: If you opt out, you will not get a payment from this settlement.
- Order a decision
The judge’s answer, and the part that counts. "Granted" means yes, "denied" means no, "granted in part" means yes to some of it.
For example: An order granting the motion means the judge said yes.
- Preliminary approval /pre-LIM-in-airy/ a decision
The judge’s first "this looks fair enough to move ahead". Notices go out and claims open, but it is not the final say.
For example: After preliminary approval in June, the claim form went online.
- RECAP /REE-cap/ a source
A free public library of federal court papers run by the non-profit Free Law Project. The court documents on this page link to its copies.
For example: We found the judge’s order in the RECAP archive.
- Service award money
A small thank-you payment to the people who brought the case on everyone’s behalf (the class representatives). It comes from the fund and the judge decides it.
For example: The two people who started the case each asked the judge for a service award.
- Settlement administrator a company
The company that runs the claims for the court: it sends the notices, checks the claims and mails the payments. Questions about your claim go to them.
For example: The settlement administrator mails the checks once the judge approves the deal.
- Unopposed /un-uh-POZED/ a word in requests
Both sides agree on the request, so it usually goes through smoothly.
For example: An unopposed motion to move a deadline is almost always granted.