Update 6/23/23: Payouts have been received, some readers received $10 and others received $200+.
ATM Class Settlement
Chase, Wells Fargo, and Bank of America have agreed to pay a combined total of $67M in a class settlement for those who used an ATM from one of these banks and paid an ATM surcharge. The lawsuit alleges Defendants violated federal antitrust laws by adopting restraints that allegedly inflated the ATM surcharges paid by the Class. Defendants deny these allegations.
A class action lawsuit was brought on behalf of ATM cardholders who used a bank ATM owned by an entity different from the entity that issued the ATM card and were assessed an ATM surcharge. The lawsuit alleges the Defendants violated federal antitrust laws by participating in an unlawful agreement that allegedly had the effect of increasing the amount of ATM surcharges paid by the Class. The Defendants deny these allegations. The Court has not decided who is right.
Who Is Eligible?
You are a Settlement Class Member if, between October 1, 2007 and November 12, 2021, you paid a surcharge directly to Chase, Wells Fargo, or Bank of America to withdraw cash from a bank ATM in the United States.
You are a Settlement Class Member, and you are affected by these Settlements, if you are:
• An individual or entity that paid an unreimbursed ATM Access Fee directly to any
Bank Defendant or Bank Co-Conspirator for a Foreign ATM Transaction using an
ATM card issued by a financial institution in the United States to withdraw cash at an
ATM located in the United States at any time from October 1, 2007 to the date of the
Preliminary Approval Order, which was on November 12, 2021.
ATM Access Fee means the fee assessed by an ATM operator to a cardholder for completing a
Foreign ATM Transaction. ATM Access Fees are also referred to as “surcharges.” Bank
Defendant means JP Morgan, Wells Fargo, or Bank of America. Bank Co-Conspirator means a
bank that is a member of the Visa and/or MasterCard ATM networks. Foreign ATM Transaction
means an ATM transaction in which the cardholder uses an ATM that is owned by an entity
different from the entity that issued the ATM card used for that ATM transaction. Specifically
excluded from the Settlement Class are Defendants; Released Parties; the officers, directors, or
employees of any Defendant or Released Party; any entity in which any Defendant or Released
Party has a controlling interest; any affiliate, legal representative, heir, or assign of any Defendant
or Released Party and any person acting on their behalf. Also excluded from the Settlement Class
are any federal, state, or local governmental entities, Class Lead Counsel, and any judicial officer
presiding over the Action and the members of his/her immediate family and judicial staff.
How Much?
No estimate is given on the payout since it will depend on how many claims are filed. The total settlement amount is $67M.
Important Dates
To be eligible for payment you must submit a valid claim no later than May 11, 2022
October 1, 2007 – November 12, 2021 ATM withdrawal date to be eligible
Our Verdict
This will likely end up with just a small payout, but might be worth filling out if you ever paid an ATM surcharge fee to Chase, Wells Fargo, or Bank of America. Example: if you used a Citibank debit card to withdraw money from an ATM operated by Chase/Wells/BoA and paid a surcharge for the withdrawal, you’d be eligible for this lawsuit. The fine print sounds like you might be able to file a claim for any ATM surcharge paid, even if it was not with those 3 banks (I’m a bit confused on this point).