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See if you qualify for the $167.5M Visa and Mastercard settlement and learn how to avoid out-of-network ATM fees

www.cnbc.com · September 24, 2026 · 13:37

Have you been unfairly charged for non-bank ATM fees? In a new class-action settlement, Visa and Mastercard have agreed to pay out $167.5 million to settle a lawsuit claiming they prohibited independent ATM operators from lowering their withdrawal fees.

Plaintiffs in Burke v. Visa Inc., et al., alleged that the payment networks violated federal and state antitrust laws by forcing cardholders to pay higher ATM access fees than they otherwise would have.

The result, the suit claimed, amounted to a "price fixing scheme across all ATMs."

The total number of claimants hasn't been determined but, given that the eligibility window is between 2007 and 2026, millions of consumers could qualify.

According to the settlement website, eligible claimants include consumers who were charged a fee after withdrawing cash from an independent ATM, at a non-bank, such as a convenience store, gas station, grocery store or bar, between Oct. 24, 2007 and Aug. 14, 2026.

Borrowers must have been assessed an ATM access fee or other charge fee that was not fully reimbursed by their bank. The transaction must also have been made using a PIN linked to a deposit account ATM or debit card.

There are also separate statewide class action suits in California, Illinois, Massachusetts and Michigan.

The two networks have agreed to pay $167.5 million in total, approximately $88.8 million from Visa and $78.7 million from Mastercard.

The final approval hearing for the ATM fees settlement is scheduled for Feb. 17, 2027. If the settlement is approved, attorney fees, payments to chief litigants and other expenses will be distributed first. The amount each class member will receive depends on the number of eligible claims.

Class members will receive an email offering the choice of being paid via PayPal, virtual debit card or mailed paper check.

The deadline to submit a valid claim in the Visa and Mastercard settlement is midnight on Feb. 10, 2027. The deadline to be excluded from or object to the settlement is Dec. 11, 2026.

At this time, to qualify, you only need to file a claim form and state under oath that you paid an unreimbursed fee at a non-bank ATM between Oct. 24, 2007, and Aug. 14, 2026. However, the claims administrator reserves the right to request receipts, bank statements or other documentation later.You'll also be asked to estimate how many times you paid a surcharge.

To file a claim, complete the form on the settlement website. You can also print, complete and mail a copy to:

Non-Bank ATM Surcharge Fee Settlementc/o A.B. Data, Ltd.P.O. Box 173053Milwaukee, WI 53217

ATM charges have reached a record high, with the average fee for out-of-network withdrawals in 2025 hitting $4.86. That includes $3.22 charged by the ATM owner and $1.64 by the member's bank.

Many online banks and credit unions have large networks of no-fee ATMs. Ally Bank users are linked to more than 75,000 free Allpoint and MoneyPass ATMs and get reimbursed up to $10 per statement cycle for fees charged by other U.S. ATM operators. Alliant Credit Union provides free access to more than 80,000 third-party ATMs and refunds up to $20 in fees each month.

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If you use a debit card or prepaid card to make purchases at a store, requesting cash back is one way to avoid ATM fees. Stores like Walmart, Target and Walgreens have started placing caps on how much you take out for free, so check before making a withdrawal.

Peer-to-peer apps like Venmo, PayPal or Zelle are an easy way to send money for free. Zelle is available on more than 2,000 banking apps.

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You may be a class member if you used a U.S. non-bank ATM between Oct. 24, 2007 and Aug.14, 2026, and were charged an ATM access fee that was not fully reimbursed by your bank. The transaction needs to have involved a withdrawal from a deposit account using an ATM or PIN-debit card. Transactions involving a credit card cash advance or prepaid card are generally not eligible. The ATM must also have been independent, meaning it was not owned by a bank or other financial institution. There are also separate statewide cases involving residents of California, Illinois, Massachusetts and Michigan.

The amount each class member will receive depends on the total number of eligible claims. Visa has agreed to pay roughly $88.8 million and Mastercard $78.7 million. But attorney fees, payments to chief litigants and other expenses will be distributed first.

Fees for using an out-of-network ATM vary by bank policy, machine owner and the ATM's location. The average charge is $4.86 per transaction, according to Bankrate's Checking Account and ATM Fee Study. That breaks down to $3.22 on average, charged by the owner of the machine, and $1.64 on average, charged by users' financial institutions.

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