FAQs

Records show that you operate or previously operated a Qualified ATM that originated an Authorized Surcharged ATM Cash Disbursement in the United States after October 1, 2007. This Notice explains that the Court allowed, or “certified,” a class action lawsuit that may affect you. You have legal rights and options that you may exercise before the Court holds a trial to decide whether the claims being made against Defendants, on your behalf, are correct. Judge Richard J. Leon of the United States District Court for the District of Columbia is overseeing this class action. The lawsuit is known as National ATM Council, Inc., et al. v. Visa, Inc., et al., Civil Action No. 1:11-cv-01803-RJL (D.D.C.).

The lawsuit is about whether Defendants violated the Sherman Antitrust Act, 15 U.S.C. § 1 by implementing ATM Access Fee Rules that restrain the surcharges ATM Operators may charge to cardholders and by charging ATM Operators higher network acquirer fees than would exist in a competitive market without the Access Fee Rules. These claims are described in more detail in the Plaintiffs’ Complaint, available at www.ATMOperatorClassAction.com.

In a class action, one or more people or businesses called “Class Representatives” (in this case, 901 Financial Services LLC; ATM Bankcard Services, Inc.; ATMs of the South, Inc.; Business Resource Group Inc.; Just ATMs USA, Inc.; Selman Telecommunications Investment Group, LLC; Trinity Holdings LTD, Inc.; Turnkey ATM Solutions, LLC; and Wash Water Solutions, Inc.) sue for themselves and on behalf of other people or businesses with similar claims. These people or businesses together are a “Class” or “Class Members.” The ATM Operators that sued—and all Class Members like them—are called the Plaintiffs. The companies they sued (Mastercard and Visa) are called the Defendants. One court and one case resolves the issues for everyone in the Class—except those ATM Operators that choose to exclude themselves from the Class.

The Court decided that this lawsuit can be a class action and move toward trial because it meets the requirements of Rule 23 of the Federal Rules of Civil Procedure, which governs class actions in federal courts.

Specifically, the Court found that:

• Thousands of ATM Operators in the U.S. originated cash withdrawals over the Defendants’ ATM networks since October 1, 2007;

• There are legal questions and facts that are common to all of them;

• The Class Representatives’ claims are typical of the claims of the rest of the Class;

• The Class Representatives, and the lawyers representing the Class, will fairly and adequately represent the interests of the Class;

• The common legal questions and facts are more important than questions that affect only individual Class Members; and

• This class action will be more efficient than having many individual lawsuits.

More information about why the Court is allowing this lawsuit to be a class action is in the Court’s Memorandum Opinion, 8/4/2021, Dkt. # 234, which is available on this site.

In the lawsuit, the Plaintiffs say that Mastercard and Visa, when they were unincorporated associations of competing member banks, each adopted Access Fee Rules that restrict the access fee (or, surcharge) that an ATM terminal may charge a cardholder for a “foreign” transaction by requiring the same access fee to be charged for transactions over all ATM networks. These rules allegedly enabled Defendants to raise network acquirer fees to ATM Operators (thereby reducing their interchange revenue) above what they could have charged in a competitive market without the restrictive Access Fee Rules.

Mastercard and Visa deny they have done anything wrong and say that their Access Fee Rules benefit cardholders, protect their brands, do not restrain trade, and do not violate the antitrust laws. The Defendants’ answers are also available in the Court Documents section on this website.

The Court has not decided whether Mastercard and Visa or the Plaintiffs are correct. By establishing the Class and approving the issuance of this Notice, the Court is not suggesting that the Plaintiffs will win or lose this case. The Plaintiffs must prove their claims at a trial to be scheduled in the future.

The Plaintiffs are asking for money to compensate Class Members for overcharges of acquirer fees enabled by the challenged restraints.

No money is available now because the Court has not decided whether Defendants did anything wrong and Plaintiffs and Defendants have not settled the case. There is no guarantee that money will ever be obtained. If money is obtained, and you remain part of the Class, you will be notified how to ask for your share.

Judge Leon decided that all ATM Operators that originated an Authorized Surcharged ATM Cash Disbursement at a Qualified ATM at any time between October 1, 2007 and November 5, 2025 (the "Class Period") are Class Members.

An “ATM Operator” is any person or entity that owned, operated, or leased a Qualified ATM that was authorized by a Mastercard Member or Visa Member, or by the such Member’s agent, to originate an ATM Cash Disbursement through connecting the Qualifying ATM to the Visa or Mastercard ATM Networks.

Yes. “ATM Operator” includes ATM Independent Sales Organizations (“ISOs”) sponsored by a Mastercard Member or Visa Member and authorized to connect a Qualified ATM to the Mastercard or Visa ATM Networks, together with the affiliates of ATM ISOs authorized by the ATM ISO to connect a Qualified ATM to the Mastercard or Visa ATM Networks. An ATM Operator must be either a registered ISO or an affiliate of such a registered ISO.

A “Qualified ATM” is an unattended payment card magnetic-stripe or payment card chip-reading terminal located in any of the 50 United States or the District of Columbia that has electronic and telecommunications capability, accepts PINs, and disburses currency.

No. Persons or entities that make space available to ISOs or affiliates of ISOs to operate a Qualified ATM on property they own or control (even if they own the ATM terminal), armored car firms that provide cash replenishment of Qualified ATMs, and Encryption and Support Organizations that manage encryption keys or service Qualified ATMs are not “ATM Operators.”

An “Authorized Surcharged ATM Cash Disbursement” means currency, including travelers cheques, obtained by accessing a cardholder’s source of funds using an electronic connection to any Mastercard or Visa ATM Network at an ATM at which the cardholder’s PIN was accepted, and paid out to a cardholder using a payment card issued by a U.S.-based financial institution for which an access fee or surcharge was levied on the cardholder by the ATM Operator.

“Mastercard ATM Networks” means the Maestro ATM network, the Cirrus ATM network, the Mastercard ATM network, or any other ATM network owned or operated by the Mastercard Defendants. The “Visa ATM Networks” means the Plus ATM network, Interlink ATM network, Visa Electron ATM network, or any other ATM network owned or operated by the Visa Defendants.

The Class does not include:

• any bank, credit union, or other financial institution that deploys or operates ATMs, including any chartered state or federal bank or credit union, issuer of payment cards, or member of either the Mastercard Defendants or the Visa Defendants;

• the Mastercard Defendants and the Visa Defendants and any of their officers, directors, or employees or any entity in which any Visa Defendant or Mastercard Defendant has a controlling interest or any affiliate, legal representative, successor-in-interest, or assignee of any Visa Defendant or Mastercard Defendant;

• any federal, state, or local governmental entity;

• any judicial officer presiding over this action and the members of their immediate family and judicial staff; and

• any juror assigned to this action.

If you are still not sure whether you are a Class Member, contact the Class Administrator:

• Call: 1-866-905-8124

• Visit: www.ATMOperatorClassAction.com

• Email: info@ATMOperatorClassAction.com

• Mail: ATM Operator Class Action, P.O. Box 170707, Milwaukee, WI 53217

You do not have to do anything now if you want to remain in the Class and keep the possibility of getting money from this lawsuit. By doing nothing, you are staying in the Class. If you stay in and the Plaintiffs obtain money, either as the result of the trial or a settlement, you will be notified about how to apply for a share. Keep in mind that if you do nothing now, regardless of whether Plaintiffs win or lose the trial, you will not be able to sue, or continue to sue, the Defendants—as part of any other lawsuit—for the same legal claims that are the subject of this lawsuit. This means that if you do nothing, you will be legally bound by all of the Orders the Court issues and judgments the Court makes in this lawsuit.

If you already have your own lawsuit against Defendants that makes the same claims as in this lawsuit and want to continue with that lawsuit, you must ask to be excluded from the Class in this lawsuit. If you exclude yourself from the Class—which also means to remove yourself from the Class and is sometimes called “opting out” of the Class—you won’t get any money from this lawsuit even if the Plaintiffs obtain it as a result of the trial or from any settlement (that may or may not be reached) between Mastercard and Visa and the Plaintiffs. However, you may be able to sue or continue to sue Defendants for the antitrust violations alleged in this lawsuit. If you exclude yourself, you will not be legally bound by the Court’s judgments in this lawsuit.

If you file your own lawsuit against Defendants after you exclude yourself, you’ll have to hire and pay your own lawyer for that lawsuit and you’ll have to prove your claims. If you do exclude yourself so you can start or continue your own lawsuit against the Defendants, you should talk to your own lawyer soon because your claims may be subject to a statute of limitations.

To ask to be excluded, you must send an “Exclusion Request” in the form of a letter sent by mail stating that you want one or more terminals operated by you to be excluded from the claims in NAC v. Visa (you cannot exclude yourself by telephone or email.) To be valid, your Exclusion Request must be postmarked by January 4, 2026, and mailed to: ATM Operator Class Action, EXCLUSIONS, P.O. Box 173001, Milwaukee, WI 53217. You must include your name and, if different, the name under which you operate the ATMs, your business location, the month and year that you began operating ATMs and, if applicable, the month and year you ceased such operations, and the following information for each terminal to which your exclusion request applies: business name, location name (e.g., Express Shop, Country Market), street address, city, state, zip code, terminal ID, merchant ID number or card acceptor ID, and dates of operation. You must state that you request the identified terminals to be excluded from the Class claims in National ATM Council, Inc. v. Visa and sign the letter.

The Court has decided that the law firms of Shinder Cantor Lerner LLP, of New York, NY, and Mogin Law LLP, of San Diego, CA, are qualified to represent you and all Class Members. Together the law firms are called “Class Counsel.” They are experienced in handling similar cases. More information about these law firms, their practices, and their lawyers’ experience is available at www.scl-llp.com and www.moginlaw.com.

You do not need to hire your own lawyer because Class Counsel is working on your behalf. If you want your own lawyer, you may hire one to appear in Court for you, but you may have to pay that lawyer.

If Class Counsel get money for the Class, they may ask the Court for fees and expenses. You won’t have to pay these fees and expenses. If the Court approves Class Counsels’ request, the fees and expenses would either be deducted from any money obtained for the Class or paid separately by the Defendants.

The Court will schedule a trial to decide who is right in this case. As long as the lawsuit is not resolved by a settlement or otherwise, Class Counsel will have to prove the Plaintiffs’ claims at a trial. The trial has not been scheduled yet but will take place in the United States District Court for the District of Columbia, 333 Constitution Avenue N.W., Washington D.C. 20001. During the trial, a jury or the judge will hear all the evidence to help them reach a decision about whether the Plaintiffs or Defendants are right about the claims in the lawsuit. There is no guarantee that the Plaintiffs will win or that they will get any money for the Class. Once the date for trial is set, it will be posted on the case website.

You do not need to attend the trial. Class Counsel will present the case for the Plaintiffs, and the Defendants will present the defenses. You or your own lawyer are welcome to attend at your own expense.

If the Plaintiffs obtain money as a result of the trial or a settlement, you will be notified about how to participate. We do not know how long it will take.