By Patricia Jones The term ATM surcharge settlement currently refers to two related but separate Visa and Mastercard class-action settlements. One covers fees charged at bank-operated ATMs and has already begun distributing payments. The other concerns independent, nonbank ATMs and is still waiting for court approval.
The lawsuits alleged that Visa, Mastercard and certain financial institutions used network rules that reduced competition and caused consumers to pay higher ATM access fees. The defendants denied wrongdoing, and the settlements were reached without a court deciding the underlying claims at trial.
What Is an ATM Surcharge?
An ATM surcharge is the fee charged by the owner or operator of an ATM when someone uses a card issued by another financial institution.
For example, a person may use a debit card from one bank at an ATM operated by a different bank. The ATM operator may charge an access fee, while the cardholder’s own bank may also impose an out-of-network fee.
The settlements primarily concern the access fee charged by the ATM operator. They generally do not cover fees that were fully reimbursed by the cardholder’s bank.
The $197.5 Million Bank-ATM Settlement
Visa and Mastercard agreed to pay $197.5 million to resolve claims involving ATM access fees paid at bank-operated ATMs. Visa contributed approximately $104.7 million, while Mastercard contributed approximately $92.8 million.
The settlement followed earlier agreements with JPMorgan Chase, Wells Fargo and Bank of America worth approximately $67 million. Altogether, the related bank-ATM settlements produced more than $264 million for the class.
A federal judge granted final approval to the Visa and Mastercard settlement in June 2025. The court also approved approximately $49.4 million in attorneys’ fees, which was less than the amount originally requested by class counsel.
Who Was Covered by the $197.5 Million Settlement?
The settlement generally covered people and businesses that:
- Used an ATM or debit card issued by a U.S. financial institution
- Withdrew money from an ATM in the United States
- Used an ATM operated by a bank other than the card-issuing bank
- Paid an ATM access fee between October 1, 2007, and July 26, 2024
- Were not reimbursed for that fee
The settlement was not limited to people who held accounts with Chase, Wells Fargo or Bank of America. It also covered qualifying transactions involving other banks participating in the Visa or Mastercard ATM networks.
Is the Claim Deadline Still Open?
No. The claim deadline for the $197.5 million settlement was January 22, 2025.
People who had submitted valid claims in the earlier bank settlements could automatically qualify based on the information they had previously provided. Those who wanted to include additional qualifying ATM fees paid after their earlier claims had to submit updated information by the deadline.
New claims are no longer being accepted for this particular settlement.
Have Payments Been Sent?
Yes. The official settlement administrator reported that digital payments for the 2024 ATM surcharge settlement began on April 6, 2026.
Approved claimants may have received payment instructions by email. A person who filed a claim should check:
- Their regular email inbox
- Spam or junk folders
- Promotions folders
- The email address used on the claim form
- Messages from the official settlement administrator
The amount paid to each claimant was not a fixed amount. Payments were calculated proportionally based on qualifying transactions, the available net settlement fund and the number of valid claims.
A person who did not submit a claim before January 22, 2025, cannot normally receive money from the $197.5 million settlement.
The Separate $167.5 Million Nonbank-ATM Settlement
A second proposed settlement involves fees charged at independent, nonbank ATMs.
These may include freestanding ATMs located in places such as:
- Convenience stores
- Gas stations
- Hotels
- Bars and restaurants
- Shopping centres
- Entertainment venues
- Privately operated ATM kiosks
The case is Burke v. Visa Inc., filed in the U.S. District Court for the District of Columbia.
Visa and Mastercard agreed to create a proposed $167.5 million settlement fund. Visa would contribute approximately $88.8 million, while Mastercard would contribute approximately $78.7 million. The proposal was submitted to the court on December 18, 2025.
The complaint alleged that network “non-discrimination” rules restricted competition among independently operated ATMs and caused consumers to pay higher access fees. Visa and Mastercard deny those allegations.
Who May Qualify for the Nonbank-ATM Settlement?
Under the proposed class definition, the settlement would generally cover people in the United States who:
- Paid an access fee for a domestic cash withdrawal
- Used an independent, nonbank ATM located in the United States or its territories
- Made the transaction using an ATM or PIN-debit card
- Paid the fee between October 24, 2007, and the date of preliminary settlement approval
- Were not fully reimbursed by their bank
Credit-card transactions, cash advances and prepaid-card transactions would not be included under the proposed definition.
A person might therefore qualify for the nonbank settlement even if they missed the deadline for the earlier bank-ATM settlement. However, eligibility and claim procedures will not become final unless the court approves the proposed agreement.
Can Consumers File a Claim Now?
No. As of July 31, 2026, the $167.5 million Burke settlement had not received preliminary court approval, and its claim process had not opened.
Visa’s March 2026 regulatory filing stated that the plaintiffs had filed a motion for preliminary approval on December 18, 2025. Available information did not show that the court had granted that motion by July 31, 2026.
There was therefore:
- No active claim deadline
- No approved payment amount per claimant
- No final fairness-hearing date
- No authorised payment distribution schedule
Consumers should not submit personal information to unofficial websites claiming that the nonbank-ATM claim period is already open.
When Could the New Claim Period Open?
The proposed schedule states that notices and claim forms would become available approximately 28 days after preliminary approval.
The proposed deadline for filing claims would be 180 days after the preliminary-approval order. These dates are not yet effective because they depend on the court first granting preliminary approval.
After claims are submitted, the court would still need to consider final approval. Payments would generally not be issued until the settlement becomes final and any appeals are resolved.
How Would Payments Be Calculated?
Under the proposed Burke agreement, eligible claimants would receive a proportional share of the net settlement fund.
The calculation would depend primarily on:
- The number of qualifying ATM transactions claimed
- The total number of valid claims
- Court-approved attorneys’ fees
- Settlement administration expenses
- Other approved costs and service awards
The court filing states that valid claims would be paid on a pro-rata basis according to each claimant’s number of qualifying transactions.
There is no guaranteed payment such as $50, $100 or $500 per person. Online estimates should not be treated as official payout amounts.
Are Bank Fees and ATM Surcharges the Same?
Not always. A single ATM withdrawal may produce two separate charges:
- An access fee charged by the ATM owner
- An out-of-network fee charged by the cardholder’s own bank
The settlements discussed here focus on particular ATM access fees. They do not automatically compensate every bank customer who has ever paid an overdraft fee, insufficient-funds fee, balance-inquiry fee or general out-of-network charge.
Other ATM-related lawsuits, including cases involving duplicate balance-inquiry fees, are legally separate settlements with different eligibility rules.
How to Avoid Settlement Scams
A legitimate settlement administrator will not require a claimant to:
- Pay an application fee
- Purchase gift cards
- Send cryptocurrency
- Provide an online-banking password
- Give remote access to a phone or computer
- Pay money to “release” a settlement check
Before responding to a notice, verify the complete case name, court, case number, settlement administrator and filing deadline.
The bank-ATM settlement’s official site is ATMClassAction.com. The proposed nonbank settlement should receive its own court-authorised notice and claim site only after preliminary approval.
Current Status
As of July 31, 2026, the ATM surcharge litigation has two important statuses:
The $197.5 million bank-operated ATM settlement is fully approved. Its January 22, 2025 claim deadline has passed, and digital payments began in April 2026.
The separate $167.5 million independent ATM settlement remains proposed. No claim form or official deadline is currently active because preliminary approval is still pending.
Consumers who already filed a claim in the approved settlement should monitor communications from the administrator. Those who paid unreimbursed fees at independent nonbank ATMs should wait for a court-authorised notice before attempting to submit a claim.