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The U.S. Supreme Court declined to review a pivotal decision by the D.C. Circuit, affirming class certifications in a lengthy dispute over ATM fees. Visa and Mastercard's plea to revisit the appellate court's ruling was rejected, maintaining a Washington, D.C., federal judge's certification of three plaintiff classes. These classes, spearheaded by the National ATM Council Inc., accuse the credit card giants of colluding to establish anti-competitive regulations inhibiting ATM operators from varying access fees across different networks.

Justices Allow Class Action Over ATM Fees To Proceed : High Stakes Battle

In July, a three-judge panel rebuffed the companies' objections to the certified classes, asserting that during the certification request phase, plaintiffs need only demonstrate predominant common questions within the class. Visa and Mastercard's argument about the inclusion of uninjured plaintiffs was deemed addressable at a later stage by a fact-finder, the panel asserted.

The D.C. Circuit's decision exacerbated a circuit split, with Visa and Mastercard highlighting differing standards across circuits. They contended that certain circuits veer from a rigorous analysis of class certification, fostering ambiguity detrimental to due process.

Class Counterattack

Responding to Visa and Mastercard's claims, the plaintiff classes emphasized the appellate panel's adherence to Supreme Court-promulgated review standards. They dismissed the companies' assertions as overstated and argued that factual disputes, such as the choice of damages models, could be resolved later.

Justices Allow Class Action Over ATM Fees To Proceed : Antitrust Allegations

The legal saga dates back to 2011 when Visa and Mastercard came under fire for alleged antitrust violations regarding ATM fee regulations. The National ATM Council, alongside various operators and customers, contends that the companies' nondiscrimination rules inflate transaction fees, constraining operators' revenue opportunities.

Supreme Court Déjà Vu

This isn't the first time the ATM fee dispute reached the Supreme Court's doorstep. In 2016, Visa and Mastercard sought review of a separate D.C. Circuit decision reviving a proposed class action, but the petition was eventually dismissed.

Justices Allow Class Action Over ATM Fees To Proceed : Legal Representation

Visa and Mastercard are represented by a cadre of legal heavyweights from Paul Weiss Rifkind Wharton & Garrison LLP and Arnold & Porter Kaye Scholer LLP. The ATM operators find representation in MoginRubin LLP, while the customers' interests are collectively safeguarded by a coalition including Hagens Berman Sobol Shapiro LLP, Quinn Emanuel Urquhart & Sullivan LLP, Finkelstein Thompson LLP, and Lovell Stewart Halebian Jacobson LLP.

As the battle rages on, the fate of ATM fee regulations hangs in the balance, with each legal maneuver intensifying the stakes.