Burke v. Visa: The $167.5 Million Non-Bank ATM Fee Settlement and Its Claim Form
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The Burke vs Visa claim form is real and open. If you paid a surcharge at an ATM that was not run by a bank — the machine at a gas station, convenience store or bar — between October 24, 2007 and August 14, 2026, and your bank did not refund it, you can file. Visa and Mastercard agreed to pay $167.5 million. The claim deadline is February 10, 2027. Nobody knows yet what a single claim pays.
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Reviewed by Leonard Goldberg, Editor · Last updated
What the Lawsuit Says Happened
The lawsuit alleges that Visa and Mastercard set network rules that stopped independent ATM operators from charging a lower surcharge when a withdrawal could be routed over a cheaper competing network. According to the plaintiffs, that took away any reason to discount, so cardholders paid higher access fees at non-bank ATMs than they otherwise would have.
The claims are brought under the federal Sherman Act and the antitrust laws of California, Illinois, Massachusetts and Michigan. Visa and Mastercard deny the claims and deny doing anything wrong; settling is not an admission.
Case Details
The case is Burke v. Visa Inc., No. 1:11-cv-01882, in the U.S. District Court for the District of Columbia, before Judge Richard J. Leon. It was filed on October 24, 2011. Two related cases run in the same court: Mackmin v. Visa Inc., No. 1:11-cv-01831 (people who paid fees at bank-owned ATMs), and National ATM Council v. Visa Inc., No. 1:11-cv-01803 (ATM operators, not consumers). Choices you make in Burke do not affect your rights in the other two.
On August 14, 2026 Judge Leon granted preliminary approval of the settlement (Document 198) and appointed A.B. Data, Ltd. as Settlement Administrator. The settlement agreement itself was signed on August 22, 2025.
Status: Settlement Preliminarily Approved, Claims Open
December 11, 2026 — deadline to exclude yourself or object.
February 10, 2027 — deadline to file a claim online, or by mail postmarked by that date.
February 17, 2027 — final approval (fairness) hearing.
If the court does not grant final approval, the settlement becomes void. Money is paid only after final approval and any appeals. Our news report on the claim form opening is here: the $167.5 million non-bank ATM claim form is open.
The official site is NonbankATMSurchargeSettlement.com; the administrator's phone line is 1-866-893-1052.
Don't miss the claim deadline
Claims are due by February 10, 2027. We'll email you 7 days and 1 day before the deadline.
Who Can File a Burke vs Visa Claim Form
You are in the nationwide class if, between October 24, 2007 and August 14, 2026, you were charged an access fee for a cash withdrawal from your deposit account at an independent ATM in the United States or its territories, using an ATM or PIN-debit card, and your bank did not fully reimburse it. Separate statewide classes cover the same withdrawals in California, Illinois, Massachusetts and Michigan.
Not covered: credit card transactions, cash advances and prepaid cards. An “independent” ATM is one not owned by a bank or credit union — typically at convenience stores, gas stations, grocery stores and bars.
Fees paid at a bank's own ATM belong to the separate Mackmin case, whose claim deadline passed on January 22, 2025.
What a Burke Claim Will Pay
No per-person amount exists yet, and none can be calculated until the claim deadline passes and the count of valid claims is known. Money left over does not go back to Visa or Mastercard. For a rough sense of how pro rata funds divide, see our payout calculator.
When payments are issued, claimants receive an email offering PayPal, a virtual debit card or a paper check.
How cases like this one end
Our copy of the federal courts’ own case database covers 6,924 antitrust casesclosed in U.S. federal district courts between 2015 and 2026, 37.3% of them filed as class actions:
- 19.1% ended in a settlement recorded by the court. Another 14.5% were dismissed voluntarily, which often follows a private settlement — so the real settlement share sits between 19.1% and 33.6%.
- 11.4% were decided on a motion before any trial.
- 1 in 119 reached a trial (0.8%), after a median of 37.1 months.
- Median time from filing to the end of the case: 11.9 months.
- Almost none record a money award in this data (33 of 6,924), and the recorded figures are capped, so we do not publish an average.
These are base rates for this type of case (federal antitrust cases) — not a prediction about this lawsuit, and not legal advice. Source: Federal Judicial Center, Integrated Database (civil), analysed by Settlement Insight. Cases heard in state courts are not included.
Burke v. Visa Timeline
- 1
October 24, 2011 — The Consumer Suit Is Filed
Burke v. Visa is filed in federal court in Washington, D.C., alongside the bank-ATM case (Mackmin) and the ATM operators' case (National ATM Council).
- 2
2021 to April 2024 — Classes Survive Appeal
Judge Leon certifies three classes in 2021, including consumers charged fees at independent ATMs. The appeals court upholds that in July 2023, and in April 2024 the Supreme Court declines to take the case.
- 3
June 23, 2025 — The Bank-ATM Deal Is Approved
In the separate Mackmin case, Judge Leon grants final approval of a $197.5 million settlement for bank-ATM fees and awards $49.4 million in attorneys' fees.
- 4
August 22, 2025 — Burke Settlement Signed
Visa, Mastercard and the Burke plaintiffs sign a $167.5 million settlement. The plaintiffs ask the court for preliminary approval on December 18, 2025.
- 5
August 14, 2026 — Preliminary Approval, Claims Open
Judge Leon preliminarily approves the deal and appoints A.B. Data. Notice and the claim website follow within 28 days; class counsel's notice runs September 10, 2026.
- 6
December 11, 2026 to February 17, 2027 — Deadlines and Hearing
Opt-outs and objections are due December 11, 2026. Claims are due February 10, 2027. The final approval hearing is set for February 17, 2027.
Three Things to Watch For
Three ATM fee cases with similar names and overlapping notices make this an easy one to fake:
“Your ATM settlement payment is ready” — for Burke
No Burke payment exists before final approval, which cannot come before the February 17, 2027 hearing. The payment emails circulating in 2026 come from the separate Mackmin bank-ATM settlement, which paid through Tremendous from rewards@reward.tremendous.com — and only to people who filed by January 22, 2025.
Look-alike claim sites asking for bank logins
The real claim form asks for contact details and an estimate of your qualifying withdrawals. It does not need your online-banking password or card PIN, and filing is free. Type NonbankATMSurchargeSettlement.com yourself instead of following a link.
Paid “sign-up” or recovery services
You do not need anyone to file for you, and you are already in the class if you qualify. Anyone charging a fee to “register” you, or offering to inflate your transaction count, is setting you up: claims are signed under penalty of perjury and may be audited.
Burke v. Visa — Questions People Actually Ask
How to apply for the ATM settlement?
File the Burke vs Visa claim form online at NonbankATMSurchargeSettlement.com, or print it and mail it to Non-Bank ATM Surcharge Fee Settlement, c/o A.B. Data, Ltd., P.O. Box 173053, Milwaukee, WI 53217, postmarked by February 10, 2027. You give your contact details and estimate how many qualifying withdrawals you made. If you received an email notice, enter its notice ID.
Do I need receipts or bank statements?
Not to file. The form is signed under penalty of perjury, and the administrator may later ask for bank statements or other proof. If you still have statements showing surcharges at non-bank ATMs, keep them.
How much to expect from a Visa Mastercard settlement?
For Burke, no amount can be stated yet. The $167.5 million fund, after fees and costs, is divided pro rata by valid claims and qualifying transactions, so the figure depends on how many people file by February 10, 2027. The much larger Visa and Mastercard swipe-fee settlement is a different case for merchants, not ATM users — see our page on the merchant settlement.
Is the ATM class action lawsuit legit?
Yes. Burke v. Visa Inc., No. 1:11-cv-01882, is a real federal case, and on August 14, 2026 Judge Richard J. Leon preliminarily approved the settlement and appointed A.B. Data, Ltd. to run it. The settlement is not final until the court approves it after the February 17, 2027 hearing.
I already got money from an ATM settlement. Can I file again?
Possibly — they are different cases. The Mackmin settlement ($197.5 million) covered fees at bank-owned ATMs from October 1, 2007 to July 26, 2024; its claim deadline was January 22, 2025, and digital payments began April 6, 2026. Burke covers fees at non-bank ATMs. A claim in one does not count in the other.
Am I owed money from class action settlement?
For this one, only if you paid an unreimbursed surcharge at an independent ATM between October 24, 2007 and August 14, 2026 and file a claim. This page cannot tell you about other settlements; our list of open class action settlements shows which ones are still taking claims and their deadlines.
What if I do nothing, or want out?
If you do nothing you stay in the class, are bound by the result and give up your claims against Visa and Mastercard — but get no money without a claim. To keep your right to sue them yourself, mail an exclusion letter by December 11, 2026. Objections are due the same day.
Is the ATM operators' case part of this?
No. National ATM Council v. Visa Inc. is brought by ATM operators, not cardholders. Per Visa's quarterly report for the period ending March 31, 2026, both sides had filed summary-judgment motions on February 18, 2026. Cardtronics, an ATM operator, also filed its own antitrust suit against Visa on August 20, 2025 (No. 1:25-cv-02747). Neither involves a consumer claim form.
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.
Related Consumer Brand Lawsuits
ATM Fee Class Action Claim Form
How the ATM surcharge claim forms work, step by step
Visa and Mastercard Settlement
The separate merchant swipe-fee case
Open Class Action Settlements
Settlements still taking claims, with deadlines
Settlement Payout Calculator
Rough math on what a pro rata settlement can pay