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The Visa-Mastercard Interchange Fee and Merchant Discount Antitrust Litigation (MDL No. 1720), initiated in 2005, is a landmark class-action lawsuit alleging that Visa, Mastercard, and their member banks violated antitrust laws by setting excessive interchange fees (swipe fees) and enforcing anti-competitive rules. These rules, including no-surcharge and honor-all-cards policies, allegedly inflated fees for merchants accepting Visa and Mastercard payments from January 1, 2004, to January 25, 2019. The settlement, approved by the U.S. District Court for the Eastern District of New York in 2019 and affirmed by the Second Circuit in March 2023, provides a $5.54 billion fund to compensate eligible U.S. merchants.
The settlement fund totals $5.54 billion, covering merchants who accepted Visa and/or Mastercard credit or debit cards between January 1, 2004, and January 25, 2019. After deductions for administrative costs, taxes, class plaintiff awards, and attorneys’ fees (as approved by the court), the remaining funds are distributed pro rata based on each merchant’s interchange fees paid during the class period. The fund is fixed, so payouts depend on the total number of valid claims filed. Recoveries vary widely based on a merchant’s transaction volume and interchange fees paid. Estimates suggest merchants may recover approximately 3% of their total interchange fees paid over the 15-year period. Initial payouts are not expected until 2026 or later, extending over multiple years.
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The court-approved deadline to file claims was February 4, 2025. Late claims are not accepted, and merchants who did not file are ineligible for payouts.
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You’ll remain eligible for future distributions—but the process may take several years, with payouts spaced out and tied to litigation outcomes, asset recovery, and the efficiency and effectiveness of trust administration. Holding exposes you to risks such as administrative cost overruns that eat into recoveries and other adverse events (e.g., hacking and security breaches) that may erode estate value.
Although you may have just received a partial distribution, the additional distributions could take more time. Selling your stub claim allows you to cash out on the present value of those future expected distributions now. Depending on your financial objectives, capturing that value through a sale could help you free up capital today for other investments and needs. Selling also eliminates the risks associated with collecting distributions over a multi-year period.
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Stub claims refer to claims that have already received at least one distribution but expect to receive additional distributions in the future.
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