Burke et al. v. Visa Inc. et al. (D.D.C. Civ.No. 11-1882 (RJL)

September 28, 2023

On September 27, the United States Court of Appeals for The District of Columbia denied Defendants Visa and Mastercard petition for rehearing en banc. The United States Court of Appeals for The District of Columbia earlier affirmed the grant of class certification by the Honorable Judge Richard Leon of the United States District Court for The District of Columbia.   

Plaintiffs allege that Defendants Visa and Mastercard violated Section 1 of the Sherman Act as well as various state antitrust laws by making agreements which had the effect of increasing prices and access fees paid by Plaintiffs and Class members to withdraw monies from independently operated (non-bank) ATMs. 

The nationwide Class is defined as: 

All persons in the United States who, between October 24, 2007 and the date of certification, were charged an Access Fee for a domestic cash withdrawal transaction at an Independent ATM during the relevant Class Period and who were not fully reimbursed by their bank. A domestic cash withdrawal transaction is a transaction to withdraw cash from a customer’s deposit account using an ATM or pin-debit card at an IATM terminal located within the United States, including its Territories; it does not include any credit card transaction or any transaction involving a cash advance or prepaid card. Excluded from the Class are Defendants; the officers, directors, or employees of any Defendant; any entity in which any Defendant has a controlling interest; and any affiliate, legal representative, heir or assign of any Defendant. Also excluded are any federal, state, or local governmental entities, any judicial officer presiding over this action and the members of his/her immediate family and judicial staff, and any juror assigned to this action. 

The Firm is Court appointed Interim Co-Lead Counsel. For further information, please contact Benjamin M. Jaccarino (bjaccarino@lshllp.com).