“No proof required” is the phrase that makes the $167.5 million nonbank ATM surcharge settlement sound too easy. It is accurate, and it is also narrower than it reads. No documents are needed to file — but the form is sworn under penalty of perjury, the administrator can ask for bank statements later, and the single number you enter is the one that decides what you are paid.
Case: Burke v. Visa Inc., No. 1:11-cv-01882 (RJL) | Claims opened September 11, 2026 | Deadline February 10, 2027
What the Case Is About
Judge Richard J. Leon granted preliminary approval on August 14, 2026 in the U.S. District Court for the District of Columbia. The settlement resolves antitrust claims that Visa and Mastercard network operating rules barred 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 not an admission of liability and the court has not decided the merits. The fund is split $88,775,000 from Visa and $78,725,000 from Mastercard. The full case record is on our sister site’s Burke v. Visa settlement page, and the order that opened the claim window is covered in its report on the August 14, 2026 preliminary approval.
Who Is Actually In the Class
The Nationwide Class covers people in the United States 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 in the U.S. or its territories between October 24, 2007 and August 14, 2026, and who were not fully reimbursed by their bank.
An independent ATM is a machine owned by neither Visa, Mastercard, a bank nor any other financial institution: the stand-alone units in convenience stores, gas stations, bars and clubs, hotel lobbies and small retailers. A machine at a bank branch is not one.
Four statewide classes — California, Illinois, Massachusetts and Michigan — are defined the same way but limited to independent ATMs in that state, and a person can belong to the Nationwide Class and one or more statewide classes at once.
Outside the class: 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 holds 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.
What “No Documents Required” Really Covers
The claim form instructions say no documentation is required at the time of filing. The same instructions add that the Claims Administrator may ask for additional documentation or proof supporting the claim, and the form carries its own notice that the administrator has the right to request bank statements or other documents. The form is signed under penalty of perjury.
So the accurate reading is: nothing to attach, something to stand behind.
The form asks for a notice ID if you received an email notice (optional), your name and mailing address, a phone number and its type, an email address entered twice, whether you paid an unreimbursed surcharge at an independent ATM in the class period, whether any of those transactions used an ATM or pin-debit card rather than a credit or gift card, and an estimate of how many times you paid such a surcharge — a whole number up to four digits. Then a signature and date certifying the information is accurate and complete, that you are a class member, and that you did not opt out.
The Estimate Is the Payout
That transaction count is not a background detail. Each valid claim receives 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. There is no flat per-person amount, and the notice states outright that because each payment depends on the number of approved transactions, nobody can know in advance what it will be.
The class period runs nearly nineteen years. The notice does not ask anyone to reconstruct it from records — but an estimate signed under penalty of perjury is a sworn statement, and the administrator retains the right to ask for support. A number you could explain if asked is the right number.
Deductions come out of the $167.5 million before any pro rata math: 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 up to 30% of the fund plus costs, and up to $17,500 per class representative, all subject to court approval. Class members are not charged for Class Co-Lead Counsel. Whatever remains after claims are processed goes to a court-approved non-profit or “next best” recipient; none of it reverts to Visa or Mastercard.
📨 Get Free Mass Tort Guides Alerts
Free · No spam · Unsubscribe anytime
Dates That Decide Something
| August 14, 2026 | Preliminary approval, classes preliminarily certified, notice plan and claim form approved (ECF No. 198). Also the last day of the class period. |
| September 11, 2026 | Claim period opened, 28 days after entry of the order. |
| December 11, 2026 | Deadline to exclude yourself, and deadline to object or file a notice of intention to appear. |
| February 10, 2027 | Claim deadline — online or mailed, postmarked by that date. |
| February 17, 2027, 4:00 p.m. ET | Fairness Hearing, Courtroom 18. The notice cautions it may be moved or held electronically without additional notice. |
| ~6 months after final approval | The administrator’s anticipated payment window, if the settlement is approved and no appeals are filed. |
Exclusion and objection share the December 11, 2026 date and are opposite choices. Excluding yourself — by signed letter to the Claims Administrator under Question 18 of the notice — is the only path that preserves a right to sue Visa or Mastercard separately over these claims, and it forfeits any payment. Objecting keeps you in the class; the court can approve or reject the settlement but cannot rewrite it, and objecting does not prevent you from also filing a claim.
One trap for anyone who sat out the earlier bank-ATM case: the order states that people who excluded themselves from the prior Mackmin ATM surcharge settlements remain bound by this Burke settlement unless they file an exclusion request specifically for it.
How Payment Arrives
Payments are sent digitally by email. When the administrator emails a claimant about a payment, the notice says the claimant will be offered digital options such as PayPal or a virtual debit card, with a paper check by mail available on request. Because of that, the form stresses a current, valid email address and mobile number, and makes keeping that contact information accurate with the administrator the claimant’s own responsibility.
No payment date exists. Payments can only follow final approval at the Fairness Hearing and the resolution of any appeals. A.B. Data, Ltd. is the court-appointed Settlement Administrator; U.S. Bank is the escrow agent holding the fund.
Two Ways This Still Falls Apart
Nothing here is guaranteed until the court enters a final judgment and any appeals run their course. 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 separately retain the right to terminate the settlement if 6,000,000 potential class members opt out. All proceedings against both companies are stayed until the court rules on final approval.
Filing Safely
The court-approved claim form, the long-form notice, the settlement agreement and the case’s important dates are on the official settlement website, NonbankATMSurchargeSettlement.com. Filing is free. Nobody can reserve, pre-register or expedite a claim, and no legitimate settlement message asks for a fee, for banking credentials, or for an account login. Reach the site by typing the address rather than following an emailed link, and report phishing to the FTC at reportfraud.ftc.gov.
Frequently Asked Questions
Do I need receipts to claim the nonbank ATM settlement?
Not to file. The claim form instructions say no documentation is required at the time of filing. The Claims Administrator may request bank statements or other supporting documents afterwards, and the form is submitted under penalty of perjury.
Which ATMs count?
Independent, nonbank ATMs in the United States or its territories – machines owned by neither Visa, Mastercard, a bank nor any other financial institution, such as the stand-alone units in convenience stores, gas stations, bars, hotel lobbies and small retailers. ATMs at bank branches are not covered by this settlement.
How is the payment calculated?
Pro rata. Each valid claim receives a proportional share of the Net Settlement Fund based on the number of qualifying surcharged transactions submitted, measured against all other valid claims, after fees, costs, administration expenses of up to $3 million, taxes and service awards are deducted from the $167.5 million. No per-person figure can be calculated in advance.
What is the deadline?
February 10, 2027 for claims, online or mailed postmarked by that date. December 11, 2026 is the deadline both to exclude yourself and to object.
Does it cost anything to file?
No. Filing on the official settlement website is free and class members are not charged for Class Co-Lead Counsel. Any message demanding a fee, banking credentials or an account login to secure an ATM settlement payment is fraudulent.
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, ECF No. 198, entered August 14, 2026.
- Court-approved long-form Notice of Proposed Class Action Settlement and Non-Bank ATM Surcharge Settlement Claim Form.
- OpenClassActions.com — $167.5M Nonbank ATM Surcharge Settlement Claims Are Open, the 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. TortsAndActions.com 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.