ATM Fee Class Action Claim Form: What You Can Actually File Right Now
Checked August 22, 2026. The short answer is that there is no ATM surcharge claim form open today — two have closed and the largest pending one has not opened. Here is each case, so you know which one you were reading about.
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Reviewed by Leonard Goldberg, Editor · Last updated
What These Cases Are About
The ATM surcharge litigation alleges that Visa and Mastercard network rules prevented ATM operators from charging less for transactions routed over cheaper networks, which kept surcharges artificially high for anyone withdrawing cash from an ATM that was not their own bank's. Consumers paid the difference, transaction by transaction, over many years. The defendants deny the allegations. Because the rules operated at the network level, the classes are enormous — anyone who paid an out-of-network ATM surcharge in the United States over a period stretching back to October 2007 — which is why the totals across these cases now exceed $430 million.
Case Details
The cases are federal class actions in the United States District Court for the District of Columbia. Mackmin v. Visa and Burke v. Visa are separate cases with separate classes and separate money, and a person can fall into both. Burke covers surcharges paid at independent (nonbank) ATMs — the machines in convenience stores, bars and hotels rather than in bank branches. Each settlement has its own court-authorised administrator and its own website, which is the only place a genuine claim form ever appears.
Each Case, Checked August 22, 2026
Bank of America / 7-Eleven ATM fees — $2.25 million. Closed. The claim deadline was June 29, 2026, which passed roughly eight weeks ago.
Burke v. Visa and Mastercard — $167.5 million (Visa $88.775M + Mastercard $78.725M). Not open yet. Filed for preliminary approval on December 18, 2025, covering independent nonbank ATM surcharges paid in the U.S. since October 24, 2007. The claim form is expected to open roughly 28 days after preliminary approval, with a deadline about 180 days after that. We checked the administrator's address, nonbankatmsurchargesettlement.com, on August 22, 2026: it returns a “Page not found” error. The claim portal does not exist yet, which is the clearest available indication that the window has not opened.
Who Will Be Covered by Burke
The Burke class is expected to cover anyone in the United States who paid a surcharge to withdraw cash at an independent, nonbank ATM since October 24, 2007 — the machines operated by third parties rather than by a bank. That is an unusually broad and long window, and reporting on the settlement indicates that proof of individual transactions is not expected to be required, with payment made pro rata among valid claims. Treat those two points as expectations rather than commitments until the court approves the notice plan and the administrator publishes the actual terms, because the claim requirements are set at that stage and can change.
What People Have Actually Received
How These Cases Have Moved
- 1
October 24, 2007 — the Burke class period opens
Surcharges paid at independent nonbank ATMs from this date forward fall within the proposed Burke class.
- 2
January 22, 2025 — Mackmin claims close
The final day to file in the $197.5 million Mackmin settlement. No late claims are accepted, and the deadline has not been reopened.
- 3
December 18, 2025 — Burke filed for preliminary approval
Visa ($88.775M) and Mastercard ($78.725M) submit the $167.5 million agreement to the court for preliminary approval.
- 4
April 2026 — Mackmin payments begin
Digital payments start going out to the 296,877 valid claims, after a schedule that had already slipped from earlier estimates.
- 5
June 29, 2026 — Bank of America / 7-Eleven claims close
The deadline in the separate $2.25 million settlement over ATM fees at 7-Eleven locations passes.
- 6
August 22, 2026 — Burke still not open
The administrator's website returns a 404. No claim form, no deadline, nothing to file. The next event to watch for is the court granting preliminary approval.
Why This Case Attracts Fake Claim Forms
A settlement with a class of tens of millions, no proof requirement and a claim window that has not opened is close to ideal conditions for fraud. Three things to check:
Any “ATM settlement claim form” live today
As of August 22, 2026 there is no open ATM surcharge claim form. A page offering one now is either about a different case entirely or is collecting your details for something other than a settlement.
Requests for your bank account or card number to “verify”
Genuine administrators in these cases have not required transaction proof, and none needs your card number to establish eligibility. A request for full account credentials is the clearest signal there is.
Lookalike addresses
When Burke opens, the address will be the administrator's, published in the court-approved notice. Check it against the notice or the court docket rather than against a search result — settlement lookalike domains buy ads.
Questions People Actually Ask
Is there an ATM class action claim form open right now?
No. As of August 22, 2026, Mackmin closed in January 2025, the Bank of America/7-Eleven settlement closed on June 29, 2026, and the $167.5 million Burke settlement has not opened its claim window — its administrator's website still returns a 404.
I filed for the ATM settlement. Where is my money?
If you filed before January 22, 2025 you are in Mackmin, where digital payments to 296,877 valid claims began in April 2026 after several schedule delays. Payment questions in that case go to that settlement's administrator, not to Visa or your bank.
When will the Burke claim form open?
No date has been set. The sequence is: the court grants preliminary approval, notice goes out, the claim form opens roughly 28 days later, and the deadline falls about 180 days after that. Preliminary approval was requested in December 2025 and had not been granted as of late August 2026.
Do I need receipts for ATM fees from 2007?
Almost certainly not. Reporting on the Burke settlement indicates no proof of individual transactions is expected to be required, consistent with how Mackmin was administered. The definitive answer comes from the approved claim form, which does not exist yet.
Can I be in both settlements?
Yes. Mackmin and Burke are separate cases with separate classes and separate funds. Having been paid in one does not exclude you from the other, though Mackmin can no longer be joined.
How much will Burke pay per person?
Unknown, and unknowable until the claim numbers are in. As a reference point: Mackmin divided $197.5 million among 296,877 claims, less administration and fees. Burke's fund is $167.5 million, and the payment per person falls as more people file.
What is a nonbank ATM?
One operated by an independent company rather than a bank — the machines in convenience stores, petrol stations, bars and hotels. Burke covers surcharges at those, which is why it is a different class from earlier ATM cases.
Separate from this case: were you injured in the last 2 years?
Class-action payouts are fixed amounts through an administrator. A personal injury claim is a different case — and often worth far more. Free estimate, no obligation.