Top Class Actions  |  December 14, 2021

Category: Closed Class Actions

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This settlement is closed!

Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!

A bank of red Wells Fargo ATMs - out-of-network ATM - jp morgan fees - bank of america class action
(Photo Credit: Peppinuzzo/Shutterstock)

Update:

  • Final approval of this settlement was granted Aug. 8, 2022.
  • Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

JP Morgan, Wells Fargo, and Bank of America agreed to settlements totaling more than $66 million to resolve class action lawsuit claims of unfair out-of-network ATM fees.

The settlement benefits consumers who paid an unreimbursed ATM access fee directly to the defendants (JP Morgan, Wells Fargo, or Bank of America) or others (any bank that is a member of the Visa or MasterCard networks) for an out-of-network ATM transaction between Oct. 1, 2007, and Nov. 12, 2021.

According to a class action lawsuit against the settling companies and other organizations, consumers incurred unfair ATM surcharges when using out-of-network ATMs. The defendants allegedly worked together in an antitrust agreement to raise the cost of out-of-network ATM surcharges, resulting in artificially high costs for their customers. Without this alleged agreement, consumers would have paid significantly less in fees, the class action lawsuit contends.

Plaintiffs in the ATM fee class action lawsuit brought claims under the Sherman Act, a federal antitrust law. Antitrust agreements, such as the ones described in the 2015 amended complaint, are outlawed by federal law due to the unjust burden placed on consumers and the negative impact on fair markets. 

JP Morgan, Bank of America, and Wells Fargo are the three largest banks, respectively, in the United States by assets for 2021, according to Insider Intelligence.

JP Morgan, Wells Fargo, and Bank of America deny any wrongdoing but agreed to settle the claims against them in an out-of-network ATM fees class action settlement. 

The combined settlement fund is worth $66.74 million, with JP Morgan paying $19.5 million, Wells Fargo paying $20.82 million, and Bank of America paying $26.42 million.

Payments from the JP Morgan, Wells Fargo, and Bank of America ATM fees lawsuit settlement will vary depending on a number of factors, including counsel and administrative fees and and other deductions from the settlement. After these deductions, which must be approved by the court at the approval hearing, the net settlement fund will be used to pay customers.

Payments will be distributed to consumers on a pro rata basis. Because it is impossible to know how many claims will be filed, no payment estimates are available.

If the settlement is approved and no appeals are filed, the settlement administrator expects payments to be sent out within six months. However, court delays and appeals could extend this timeline.

The final approval hearing for the JP Morgan, Wells Fargo, and Bank of America out-of-network ATM fees class action lawsuit settlement is scheduled for May 17, 2022.

The deadline for exclusion and objection from the settlement is March 11, 2022. 

In order to receive a settlement payment, Class Members must file a valid claim form by May 11, 2022.

Who’s Eligible

Consumers who paid an unreimbursed ATM access fee directly to the defendants (JP Morgan, Wells Fargo, or Bank of America) or others (any bank that is a member of the Visa or MasterCard networks) for an out-of-network ATM transaction between Oct. 1, 2007, and Nov. 12, 2021.

Potential Award

Varies

Proof of Purchase

No proof of purchase applicable.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

05/11/2022

Case Name

Andrew Mackmin, et al. v. Visa Inc., et al., Case No. 1:11-cv-01831 in the U.S. District Court for the District of Columbia

Final Hearing

05/17/2022

Settlement Website
Claims Administrator

ATM Surcharge Settlement
P.O. Box 170500
Milwaukee, WI 53217
info@ATMClassAction.com
877-311-3724

Class Counsel

Steve Berman
HAGENS BERMAN SOBOL SHAPIRO LLP

Stephen Neuwirth
QUINN EMANUEL URQUHART & SULLIVAN LLP

Steven A. Skalet
MEHRI & SKALET PLLC

Defense Counsel

Michael B. Miller
MORRISON & FOERSTER LLP

Boris Bershteyn
SKADDEN ARPS SLATE MEAGHER & FLOM LLP

William F. Cavanaugh JR.
PATTERSON BELKNAP WEBB & TYLER LLP

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247 thoughts onJP Morgan, Wells Fargo, BOA out-of-network ATM fees $66M class action settlement

  1. This guy says:

    I received $1,569.00, The company sent it to paypal, I didn’t cash it for a month because i wanted to make sure it was legit. Deposited the money in my account this week.

  2. Nick w says:

    So I’ve already received a Virtual MasterCard for 150.12. it was spent 2 weeks ago. 2 days ago. ABdata emailed me a 2nd confirmation of payment for some reason. How likely is it that payments are being split up if the pre-paid card payment was chosen?

  3. joe says:

    Anybody receive their money yet?

    1. V. Rajoo says:

      I received email for $1495.73. Did anyone receive this email. I‘m wondering if this is spam. There is no option for a check just Venmo, PayPal or direct deposit. I see it says at top US bank deposit

  4. Annette says:

    No second email yet. Received first email over 10 days ago. What do I do now?

  5. Mark says:

    Called the number on the Settlement website and these people are lightning responsive. they sent me the 2nd email right away.

    1. Annette says:

      Whats the settlement phone number?
      o second email yet. Received first email over 10 days ago. What do I do now?

    2. Anna samad says:

      Can you please share the settlement phone number.

  6. Mark says:

    Tonight going to submit request for a paper check. They could make up a dozen reasons blaming me for my Junk Filter. Better to submit the paper check request, Might be more money due to people failing to see the emails junk filter.

  7. Mark says:

    Still no 2nd Email. Monday I’m going to exercise the paper check option by sending email with attached 1st email so I get it in. Sending with a read receipt. May take 6-8 weeks but at least I’ll get the cash. This one is too good to let go.

  8. John says:

    Nevermind.. Showed up in checking account at 05:00am est! :)

  9. John says:

    Has anyone received the payment through ACH direct deposit yet? I got email stating it was sent Wed, thought it would be by Friday morning and still nothing.

    1. Mark says:

      – I still haven’t got my 2nd email after 1 week but my friend received his ACH deposit today. This is 100% legit. I did all my research even checking the Whois on the domains. Now I’m doing everything I can to check notifications to find my 2nd email. This is among the best settlements I have ever received. Shoutout to TopClassAction on this one. I can only believe that the pool of people who signed on was very small leaving more cash for those who did. Amen I needed the cash!

  10. B says:

    I was doing research for 2 days preparing for any scams I may be faxed with. But I got paid 1,429 today. #Legit

    1. Amy Steitz says:

      Yea! I love the surprise $714 yesterday

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.