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Used An ATM Card And Were Assessed A Surcharge?
You Could Get Money From a $197.5 Million Class Action Settlement.

Records show you could be affected by a new Settlement in a class action lawsuit that says Defendants violated federal antitrust laws by adopting restraints that inflated the automated teller machine (“ATM”) surcharges (also called ATM access fees) that some people and businesses paid. The Defendants deny these allegations. The Court has not decided who is right.

Previously, you may have seen a notice in this case about $67 million in settlements with JPMorgan & Chase Co. (“JP Morgan”); Wells Fargo & Co. and Wells Fargo Bank (“Wells Fargo”); and Bank of America, N.A., NB Holdings Corp., and Bank of America Corp. (“Bank of America”). You can no longer file a claim in the previous settlements. Payments were made to eligible class members in June 2023.

Now, the remaining Defendants in this case, Visa Inc., Visa U.S.A. Inc., Visa International Service Association, Plus System, Inc. (“Visa”) and Mastercard Incorporated and Mastercard International Incorporated (“Mastercard”) have agreed to a Settlement to resolve the claims against them.

What are the related lawsuits?

This notice is about the case known as Mackmin v. Visa Inc., No. 1:11-cv-01831 in the United States District Court for the District of Columbia. There are two related (or parallel) lawsuits in the same court called Burke v. Visa Inc., No. 1:11-cv-01882 and National ATM Council v. Visa Inc., No. 1:11-cv-01803 that are proceeding at the same time. Each case involves different groups with similar claims against the Defendants. You may receive other notices if you are included in more than one lawsuit. The choices you make in this case will not affect your rights in the other related lawsuits.

Am I included?

Generally, you are included if, at any time between October 1, 2007, and July 26, 2024, you paid a surcharge to withdraw cash from a bank ATM in the United States. You are not included if all of your surcharged ATM transactions were (a) reimbursed or (b) conducted on cards issued by financial institutions located outside of the United States. Visit the website, www.ATMClassAction.com, for more information and the exact Settlement Class definition.

What does the Settlement provide?

The Settlement provides for a total of $197.5 million to resolve the claims. Visa will pay $104,675,000 and Mastercard will pay $92,825,000 into a Settlement Fund. After deductions for attorneys’ fees, litigation costs, and other expenses, the Settlement Fund will be distributed proportionally (or pro rata) to each valid claimant. Any money remaining in the Settlement Fund after all claims are paid will be directed to a court-approved “next best” recipient.

How can I get a payment?

If you filed a valid claim and received a payment in the previous settlements, you will automatically be eligible to get a payment from the Settlement with Visa and Mastercard and you do not need to submit another claim unless you paid additional ATM surcharges after submitting your prior claim form and wish to claim these additional transactions.

If you did not previously file a valid claim, you must complete a Claim Form to receive money from this Settlement. The Claim Form asks you to state under oath that you were assessed ATM surcharges. You are not required to provide documentation with the Claim Form, but the Settlement Administrator has the right to ask you to provide your bank statements or other documents to support your claim.

Visit www.ATMClassAction.com/claims to fill out a Claim Form online or download one that can be mailed. To be eligible for payment, Claim Forms must be submitted electronically or postmarked no later than January 22, 2025.

Please note your Notice ID Number is 659425566. You will be asked to provide your Notice ID Number on your Claim Form to make it faster to validate your claim.

What are my rights?

If you are a Settlement Class Member, even if you do nothing, you will be bound by the Court’s decisions and judgments concerning this Settlement.

If you want to keep your right to sue Visa or Mastercard regarding the claims in this lawsuit, you must exclude yourself from the Settlement Class in writing by November 22, 2024. If you previously submitted a request to exclude yourself from the prior settlements in 2022, and do not want to stay in the Settlement with Visa and Mastercard, you need to separately exclude yourself from this Settlement Class.

If you stay in the Settlement Class, you may object to the Settlement in writing by November 22, 2024. The Settlement Agreement and more details about how to exclude yourself or object are available at www.ATMClassAction.com.

The U.S. District Court for the District of Columbia is scheduled to hold a hearing on January 23, 2025, at 4:00 p.m., at 333 Constitution Avenue N.W., Courtroom 18, Washington, D.C. 20001, to consider whether to approve the Settlement with Visa and Mastercard.

Class Lead Counsel will also ask the Court at the hearing, or at a later date, for attorneys’ fees of up to 33% of the Settlement Fund, plus reimbursement of costs and expenses, for investigating the facts, litigating the case, and negotiating the Settlement and service award payments up to $10,000 for each of the individual Class Representatives.

You or your own lawyer may appear and speak at the hearing at your own expense, but you don’t have to. The hearing may be conducted electronically or moved to a different date or time without additional notice, so it is a good idea to check www.ATMClassAction.com for additional information. Please do not contact the Court about this case.
For more information: 1-877-311-3724 www.ATMClassAction.com

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