The Burke v. Visa settlement resolves claims covering non-bank ATM surcharges dating back to 2007
Visa and Mastercard agreed to resolve a class-action lawsuit for 167.5 million dollars without admitting liability. The case, known as Burke v. Visa Inc., addressed cardholder claims that the payment networks violated federal and state antitrust laws through excessive surcharges at independent ATMs over roughly 19 years.
The lawsuit covers cash withdrawals made between 24 October 2007 and 14 August 2026 at independent, non-bank ATMs across the United States. These machines are commonly found in convenience stores, gas stations, grocery stores, hotels, and bars. The complaint alleged that network rules blocked ATM operators from offering lower fees through rival card networks.
Eligibility applies to consumers who used a Visa or Mastercard debit or credit card to withdraw cash from a deposit account at an independent ATM and paid an access surcharge that their own bank did not fully reimburse. The settlement also includes separate state-specific classes in California, Illinois, Massachusetts, and Michigan.
The 167.5 million dollar fund will cover administrative expenses, legal fees, taxes, and cash distributions to approved claimants. Cardholders must submit claims through the settlement administrator website by 10 February 2027, with payments scheduled to roll out following a final court hearing in early 2027. Separately, a judge has granted preliminary approval for a 38 billion dollar settlement between Visa, Mastercard, and merchants regarding swipe fees.
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