May 29 (Reuters) - Visa and Mastercard ( MA ) have
agreed to pay $197 million to resolve a class action by millions
of consumers accusing the financial payment companies of keeping
cash access fees artificially high.
The plaintiffs' lawyers revealed the proposed accord on
Wednesday in a filing in Washington, D.C., federal court. The
settlement involves consumers who withdrew cash from
bank-operated ATMs since 2007.
Two other related class actions - one from consumers who
used non-bank ATMs and a third from businesses that own
independent ATMs - are pending in D.C. federal court.
The proposed deal is subject to court approval. The
defendants have all denied any wrongdoing.
Visa will pay $104.6 million in the accord, and Mastercard ( MA )
will pay $92.8 million, the settlement papers showed. The bank
defendants earlier settled claims for $66 million.
Visa and Mastercard ( MA ) did not immediately respond to requests
for comment.
The plaintiffs' attorneys said the settlement will "deliver
immediate and assured relief."
The plaintiffs in the three cases said Visa and Mastercard's ( MA )
ATM network rules caused them to pay artificially higher amounts
for access fees. Collectively, they were seeking damages of more
than $9 billion.
The resolution comes after the U.S. Supreme Court in April
turned down an appeal from Visa and Mastercard ( MA ) challenging a
lower court judge's ruling allowing the groups of plaintiffs to
band together to sue as class actions.
Visa and Mastercard ( MA ) had argued that the judge failed to
conduct a "rigorous analysis" before certifying the
class-actions.
The proposed settlement class was estimated to have at least
175 million members.
Consumers will have a chance to object to the terms of the
settlement, including the amount of the fund and any legal fees
that awarded
Visa and Mastercard ( MA ) are defendants in a long-running legal
proceeding in Brooklyn federal court over claims that they
overcharged merchants and others in transactions involving debit
and credit cards.