The $167.5 Million Nonbank ATM Claim Form Is Open — No Receipts, Nearly 19 Years of Withdrawals Count, and Nobody Can Say What a Claim Pays Until February 10, 2027 Passes

Our August 22 check of this case found no administrator website and reported that preliminary approval had not been granted. That was wrong on the second point: Judge Leon signed the Order Granting Preliminary Approval of Settlement and Directing Notice to the Class on August 14, 2026 (ECF 198, 49 pages including the settlement agreement). The order is why the class period closes on August 14 — the agreement defines the class as “all persons in the United States who, between October 24, 2007, and the date of the Preliminary Approval Order, were charged an Access Fee for a domestic cash withdrawal transaction at an Independent ATM and who were not fully reimbursed by their bank,” so the day the judge signed became the end date. The order appoints A.B. Data, Ltd. of Milwaukee as administrator and U.S. Bank as escrow agent, and sets the schedule as day-counts: direct email notice and digital advertising “beginning no later than 28 days from the entry of this Order” (September 11), the fee motion by 105 days (November 27), exclusions and objections by 119 days (December 11, 2026), and the claims deadline 180 days out (February 10, 2027). The website, NonbankATMSurchargeSettlement.com, is live with the long-form notice, the claim form in English and Spanish, the complaint, the motion, the order and the agreement.

One detail in the order explains why many people will get an email they did not ask for: the court authorized class counsel to subpoena the administrator's own records so it can email “the email addresses of potential class members already in its possession and previously obtained and used for class notice and claims purposes in connection with two prior settlements” in the sister case, Mackmin v. Visa — the bank-ATM settlements of $67 million (approved August 22, 2022) and $197.5 million (approved June 20, 2025). If you filed a Mackmin claim, the Burke notice may arrive at that address. The order requires those addresses to be used “solely for the purpose of class notice” and treated as highly confidential.

The court-approved form is three pages. After name, address, mobile number and email — both required, because “settlement payments will be sent to you digitally via email” — it asks: were you charged an unreimbursed surcharge to withdraw cash from an independent ATM in the United States between October 24, 2007 and August 14, 2026; were any of those transactions with an ATM or PIN-debit card rather than a credit or gift card; and “estimate the number of times” you paid such a surcharge — “(4 digit integer).” Then a certification under penalty of perjury and a signature. “You do not need to provide any documentation at this time. However, the Claims Administrator may ask you for additional documentation or proof that supports your claim,” and the form repeats in capitals that the administrator “has the right to ask you to provide bank statements or other documents.” Credit-card cash advances and prepaid cards do not count; a fee your bank refunded does not count.

An “Independent ATM” is “an automated teller machine that is not owned by Visa, Mastercard, or any bank or other financial institution.” That is the line between this case and Mackmin: the same withdrawal at a Chase or Bank of America machine belongs to the other case, whose claims closed January 22, 2025. Residents of California, Illinois, Massachusetts and Michigan are also in statewide classes under those states' antitrust laws, which changes nothing about how to file. Filing is online at the settlement site, by phone at 1-866-893-1052, or by mail postmarked by February 10, 2027 to Non-Bank ATM Surcharge Fee Settlement, c/o A.B. Data, Ltd., P.O. Box 173053, Milwaukee, WI 53217 — the same Milwaukee administrator, a different P.O. box from the Wells Fargo Stoff checks.

The notice's own answer to “how much money can I get” is a refusal to guess: “Each valid claim will be eligible to receive a pro rata (or proportional) share of the Net Settlement Fund, based on the number of qualifying surcharged transactions that are submitted. Because the amount of each payment depends on the number of approved transactions, nobody can know in advance how much the payment will be.” What is known is the deduction side. Class co-lead counsel “will ask the Court for attorneys' fees of up to 30% of the Settlement Fund” — up to $50.25 million — plus costs, service awards of up to $17,500 per class representative, and “up to $3 million in notice and administration costs,” all from the fund. Take the maximums and roughly $114 million is left to divide by the total number of transactions claimed. Since the payment is per transaction rather than per person, a claimant who honestly reports 300 independent-ATM withdrawals since 2007 receives 300 times the share of someone who reports one; the estimate is the whole claim, and it is sworn.

The only comparable number is Mackmin's: $197.5 million divided among 296,877 valid claims before fees and costs, on a similar no-documentation form. Burke's fund is smaller, its class period is longer, and the administrator's ability to email prior Mackmin claimants is likely to raise the claim count. Whatever is left after distribution goes to “a non-profit organization or ‘next best’ recipient as approved by the Court. No remaining funds will be returned to Visa or Mastercard.” Timing: if the settlement is approved on February 17, 2027 and no one appeals, “the Claims Administrator anticipates that payments will be sent out within six months” — so the second half of 2027 — by email link to PayPal, a virtual debit card or other digital options, with a paper check on request. An appeal would push that out by a year or more.

December 11, 2026 is the exclusion and objection deadline, and the two use different verbs. An opt-out letter must be received by the administrator by that date — “so that it is received no later than December 11, 2026” — with your full name, mailing address, telephone number or email, a statement that you want out of Burke v. Visa Inc., No. 1:11-cv-01882, and “a handwritten signature.” An objection must be postmarked by December 11, mailed to or filed with the Clerk of the U.S. District Court for the District of Columbia, 333 Constitution Avenue NW, Washington, DC 20001, with the case name and number, your contact details, why you believe you are a class member, whether the objection is for you alone or for a class, your reasons, any evidence, and whether you intend to appear. Anyone who excluded themselves from the Mackmin settlements is still in Burke unless they opt out again — separate case, separate class. February 10, 2027 is the claims deadline, online or postmarked. February 17, 2027 at 4:00 p.m. Eastern is the fairness hearing before Judge Leon, which “may be held electronically or moved to a different date or time without additional notice.”

The case itself is fifteen years old: filed October 2011 alongside Mackmin and National ATM Council v. Visa (the ATM operators' case, No. 1:11-cv-01803, still separate), dismissed and then revived by the D.C. Circuit in 2015 (Osborn v. Visa), certified as a class by orders of August 4 and September 7, 2021, settled by an agreement executed August 22, 2025, and put before the court for preliminary approval on December 18, 2025 (ECF 195). The theory, in the notice's words: Visa and Mastercard rules “prohibit IATM operators from charging different ATM access fees or ‘discounting’ (charging cardholders a lower access fee) if transactions could be processed on competing networks that cost less,” and “cardholders paid higher access fees to use independent ATMs than they should have.” Visa and Mastercard deny it. A last practical point from the form: your email and mobile number are the payment channel — “if the email address or mobile phone number you provided becomes invalid for any reason, it is your responsibility” to update them, “otherwise, you may not get paid.”