Payments

Independent ATM operators receive approval to move ahead with antitrust case against Visa, Mastercard

Image via Adobe Stock

August 4, 2023

The D.C. Circuit Court of Appeals approved a class action lawsuit made by independent ATM operators against Visa and Mastercard for allegedly violating antitrust laws. MoginRubin LLP will represent the ATM operators in court, according to a press release.

The plaintiffs claim that Visa and Mastercard's network rules violate the Sherman Antitrust Act. Jonathan Rubin of MoginRubin LLP said that "Requiring ATM operators to set the same surcharge for all networks accepted at an ATM is unlawful price fixing."

In particular, the ATM operators maintain that network rules prevent them from offering lower fees. The court also approved two other class action lawsuits of cardholders who claim they were overcharged as a result of network rules.

"The ATM operators have been prosecuting this case for the past 12 years. The district court was totally correct to certify the ATM operator class and the appellate court agrees," Rubin said. "The ATM operators are looking forward to finally moving this case to trial."