ATM Class Action Settlement Update: $167.5 Million Visa and Mastercard Case Still Pending Approval
A major ATM class action settlement involving Visa and Mastercard is moving through federal court, and it could matter for consumers who paid ATM surcharge fees at independent, nonbank ATMs.
The new proposed ATM class action called Burke Visa and Mastercard ATM fees settlement would create a $167.5 million settlement fund tied to allegations that certain Visa and Mastercard network rules helped keep ATM access fees artificially high. For people searching for an ATM class action settlement, ATM fee settlement, Visa Mastercard ATM lawsuit, ATM surcharge settlement, ATM access fee lawsuit, nonbank ATM fee settlement, or Burke ATM claim form update, the most important thing to know right now is that the claim form is not available yet. The settlement still needs preliminary court approval before consumers can file a claim.
The Burke ATM fees class action settlement is one of the larger consumer settlement developments to watch because it involves everyday ATM transactions. Many people have used independent ATMs at convenience stores, gas stations, bars, restaurants, hotels, malls, airports, entertainment venues, and other nonbank locations. These machines often charge a separate ATM surcharge or access fee in addition to any fee charged by the consumer’s own bank. The lawsuit focused on certain nonbank ATM surcharge fees and alleged that Visa and Mastercard rules affected the fees consumers paid when using these independent ATMs. Visa and Mastercard deny wrongdoing, but they agreed to a proposed settlement to resolve the claims.
The biggest question right now is when the ATM settlement claim form will be available. Based on the proposed timeline, the claim form is expected to become available after the court grants preliminary approval. The expected timing is that the online claim form would open about 28 days after preliminary approval is granted. Since preliminary approval has not been granted yet, there is no confirmed claim form date, no confirmed claim deadline, and no confirmed payment date. That means consumers should not try to file anything yet. The claims process has not opened. The official settlement website is expected to become available after the court moves the case into the next stage.
This is especially important because the Burke ATM settlement is not the same as older ATM fee class action settlements. Some consumers may remember seeing past notices about ATM surcharge fee settlements, ATM access fee lawsuits, or Visa and Mastercard ATM class action claims, but those earlier cases had different claim deadlines and different claims processes. The Burke Visa and Mastercard ATM fees settlement is a newer proposed settlement, and its claim form has not opened yet. That distinction matters because many people are searching for terms like “ATM class action claim form,” “ATM fee settlement claim,” “Visa Mastercard ATM settlement,” “ATM surcharge settlement 2026,” “Burke ATM fees settlement,” “nonbank ATM fees settlement,” and “ATM class action payout,” but not every result online refers to the same case. For the current Burke settlement, the clean update is that the settlement is pending preliminary approval and consumers should wait for the official claim process to open.
The proposed settlement may apply to consumers who paid unreimbursed surcharge or access fees at independent, nonbank ATMs in the United States after October 24, 2007. Independent nonbank ATMs are generally machines that are not owned directly by major banks. They are commonly found in retail, hospitality, travel, and entertainment settings. A person who used one of these ATMs and paid an ATM surcharge fee may want to keep an eye on the case. However, not every ATM transaction will necessarily qualify. The settlement is focused on certain nonbank ATM surcharge fees. Transactions involving credit cards, cash advances, prepaid cards, or other excluded categories may not qualify, depending on the final settlement documents and claim form rules.
The proposed $167.5 million settlement fund is substantial, but individual payments have not been determined. Many consumers searching for the ATM fee class action want to know how much money they could receive. At this stage, there is no confirmed payout amount per person. Individual settlement payments will likely depend on how many valid claims are filed, how the court approves the distribution plan, how much money is deducted for attorneys’ fees and administrative costs, and whether the final plan treats different class categories differently. In other words, the total settlement fund is known, but the per-consumer payout is not. This is common in consumer class action settlements. Until the claim form opens and the claims administrator receives submissions, no one can accurately say what each eligible person will receive.
Consumers also want to know whether proof will be required to file a claim. The final claim requirements are not available yet because the official claim form has not been released. In some consumer class action settlements, people can file by confirming under penalty of perjury that they qualify. In others, the claims administrator may ask for receipts, bank statements, transaction records, account history, ATM withdrawal records, screenshots, or other proof showing that they paid a qualifying fee. For this Burke ATM fees settlement, consumers should not assume that it is a no-proof settlement unless the official claim form says so. Anyone who believes they may qualify may want to look for old bank statements, ATM withdrawal records, fee records, or account history showing nonbank ATM surcharge fees. Even if documentation is not ultimately required for every claimant, having records can help consumers understand whether they may be eligible.
The current status also means that there is no action required yet. Consumers do not need to submit a claim today because there is no active claim form. They do not need to contact Visa, Mastercard, or their bank to request a payout. They do not need to pay anyone to file. They should also be cautious of websites or social media posts claiming that the Burke ATM settlement claim form is already open if the official court-approved process has not launched. The most reliable next milestone will be preliminary approval. After that, consumers should watch for the official settlement website, the online claim form, the filing deadline, the final approval hearing date, and any payment timeline.
For people who regularly track class action settlements, the Burke Visa and Mastercard ATM fees settlement is worth watching because ATM fees are common, the class period is long, and the potential affected group could be large. Many consumers may not remember every independent ATM transaction they made years ago, but this type of settlement can still matter because small consumer fees can add up across millions of transactions. That is why ATM surcharge litigation has attracted attention over the years. It is also why consumers should be careful not to miss the claim window once it opens. If the court grants preliminary approval in 2026, the claim form is expected to follow afterward, and the filing deadline will be announced as part of the notice process.
The settlement also matters because ATM fees are one of those small charges many people overlook at the time they pay them. A person may use a nonbank ATM because it is nearby, convenient, available late at night, located inside a store, or the only machine around. The fee may seem small in a single transaction, but across years of ATM withdrawals, those charges can add up. The Burke ATM fee lawsuit is focused on allegations involving the structure of ATM access fees and surcharge rules, not just one consumer’s isolated transaction. That is why the case has attracted attention from people searching for ATM fee refunds, ATM surcharge claims, ATM fee lawsuit updates, and Visa Mastercard settlement news.
It is also important to understand the difference between a settlement being announced and a settlement being open for claims. A proposed settlement means the parties have reached an agreement, but the court still has to review and approve the process. Preliminary approval is usually the step that allows notice to go out to consumers and allows the claims administrator to begin accepting claims. Final approval usually comes later, after the claim period and any objection or opt-out deadlines are handled. Payments typically do not go out immediately after a settlement is announced. In many class action settlements, payments happen months after the claim deadline, and sometimes longer if there are appeals, administrative delays, or other court issues.
For the Burke Visa and Mastercard ATM fees settlement, that means consumers should focus on the claim form status rather than assuming money is available now. The claim form is not live. The claim deadline is not set. The payout amount is not confirmed. The official claims process has not started. The settlement is still waiting for the next court step. Once the claim form becomes available, consumers should carefully review the eligibility language, class period, excluded transaction categories, documentation rules, filing instructions, and deadline.
The bottom line is that the $167.5 million Burke Visa and Mastercard ATM class action settlement is not open for claims yet. The ATM settlement claim form is expected to become available only after preliminary court approval. There is no confirmed claim deadline, no confirmed payment date, and no confirmed individual payout amount right now. Consumers who paid ATM surcharge fees at independent, nonbank ATMs should monitor the case and be ready to file once the court-approved claim process begins.