If you have ever pulled cash from a gas station, corner store, or bar ATM and paid a surcharge for it, a new settlement covering exactly that opened for claims on September 11, 2026, no documents required. There is also an older, separate Visa and Mastercard ATM settlement already paying out, and mixing the two up is easy to do. Here is how to tell them apart and file the right one.
Two ATM Settlements, Not One
| Burke v. Visa (the NEW one) | |
| What it covers | Independent, nonbank ATMs (gas stations, convenience stores, bars, standalone machines) |
| Fund | $167,500,000 (Visa $88.775M, Mastercard $78.725M) |
| Status | Open now. Claims opened September 11, 2026 |
| Claim deadline | February 10, 2027 |
| Documents required | None |
| Official site | NonbankATMSurchargeSettlement.com |
| Mackmin v. Visa (the OLDER one) | |
| What it covers | Bank-owned ATMs (JPMorgan Chase, Wells Fargo, Bank of America, and Visa/Mastercard network member banks) |
| Fund | $197,500,000, plus an earlier $67M from the three banks separately |
| Status | Closed. Final approval granted, payments distributing now |
| Claim deadline | Closed, January 22, 2025 |
| Payments | Digital payments (PayPal or virtual debit card) began April 6, 2026 |
| Official site | ATMClassAction.com |
What Is the New Burke v. Visa Settlement About?
This settlement resolves a long-running antitrust case, Burke v. Visa Inc., filed in the U.S. District Court for the District of Columbia in 2011. The lawsuit alleged that Visa and Mastercard maintained network rules preventing independent ATM operators, the standalone machines you find at gas stations, convenience stores and bars, from offering lower surcharge fees when a transaction could have been routed over a cheaper competing network. The plaintiffs argued this effectively fixed prices and caused consumers to pay more than they otherwise would have. Judge Richard J. Leon granted preliminary approval on August 14, 2026, and Visa and Mastercard deny any wrongdoing.
Who Qualifies for the New Settlement?
You are generally eligible if you were charged an unreimbursed surcharge when withdrawing cash at an independent, nonbank ATM in the United States between October 24, 2007 and August 14, 2026. This means the ATM itself was not owned by a bank, think the machine inside a liquor store or attached to a strip mall, rather than one in a bank branch lobby or vestibule. Residents of California, Illinois, Massachusetts and Michigan may also be included under separate statewide classes described in the settlement notice.
This is a different class than the older Mackmin settlement, which covered surcharges at bank-owned machines. If you used both types of ATMs over the years, you may be eligible for both, filing a claim in one does not automatically enroll you in the other.
How to File a Claim
1. Go to the official settlement website, NonbankATMSurchargeSettlement.com.
2. Complete the claim form. No receipts or documentation are required; you attest to your surcharge history under penalty of perjury.
3. Submit online, or by mail if you prefer a paper form, before the deadline.
The claim deadline is February 10, 2027. The deadline to opt out or object to the settlement is earlier, December 11, 2026.
How Much Could You Get?
There is no fixed per-person amount. Payment is calculated on a pro rata basis from the net settlement fund, after attorneys’ fees and administrative costs, based on the surcharges you report paying during the class period. Our guide on how class action payouts are calculated explains why the final per-person figure will not be confirmed until after the claims window closes.
A Warning From the Older Settlement
The earlier Mackmin settlement offers a genuinely useful cautionary data point. Out of roughly 63.5 million claims filed, the administrator, A.B. Data, verified only about 297,000 as legitimate after a fraud review, meaning the overwhelming majority of submitted claims were rejected. Filing a claim you cannot honestly support is not a low-risk move; it is a sworn statement made under penalty of perjury. Be accurate about which ATMs you actually used and roughly how often, rather than guessing high.
What About the Older Bank-ATM Settlement?
If you are trying to check on a claim you already filed in the Mackmin v. Visa settlement, that claim window closed January 22, 2025 and is not reopening. The court granted final approval on June 23, 2025, and the administrator began sending digital payments, through PayPal or a virtual debit card, starting April 6, 2026, in waves. If you filed on time and have not received anything, check your email, including spam and promotions folders, for a message from the settlement administrator before assuming something went wrong.
Is This Settlement Legitimate?
Yes. Both are real federal antitrust settlements, with official websites maintained by A.B. Data under court supervision. Because two separate ATM settlements are circulating at once, and because the newer one just opened, be cautious of any message directing you somewhere other than NonbankATMSurchargeSettlement.com or ATMClassAction.com. See our guide on class action settlement scams for current impersonation tactics, and never pay a fee to file either claim.
Frequently Asked Questions
Is the ATM surcharge settlement still open?
It depends which one. The new Burke v. Visa settlement, covering independent nonbank ATMs, is open now through February 10, 2027. The older Mackmin v. Visa settlement, covering bank-owned ATMs, closed to new claims in January 2025.
Do I need receipts to file a claim?
No. Neither ATM settlement requires documentation. You certify your surcharge history under penalty of perjury instead.
Can I file for both ATM settlements?
Potentially, if you paid surcharges at both bank-owned and independent ATMs during the relevant periods. They are separate cases with separate claim processes; filing one does not cover the other, and the bank-ATM case is closed regardless.
How much will I get from the new ATM settlement?
There is no fixed amount. Payment is a pro rata share of the $167.5 million fund based on your reported surcharge history, and the final figure will not be known until after the claims window closes.
Why were so many Mackmin settlement claims rejected?
Out of about 63.5 million claims filed, roughly 297,000 were verified as legitimate after a fraud review. The administrator did not detail every reason for rejection, but the scale suggests many claims were inaccurate, duplicated, or unsupported.
Bottom Line
A new $167.5 million ATM surcharge settlement covering independent, nonbank ATMs opened for claims on September 11, 2026, with no documentation required and a deadline of February 10, 2027. It is separate from an older, already-closed Visa and Mastercard settlement covering bank-owned ATMs that is currently paying out. Be honest about your actual surcharge history when you file, given how many claims were rejected in the earlier case. For other settlements currently accepting claims, see our open class action settlements list.
This article is for general information only and is not legal advice. Settlement terms and deadlines are set by the court and the claims administrator and can change. Always verify current details on the official settlement website before filing.
