ATM operators and consumers suing Visa Inc. and MasterCard Inc. over ATM fees are appealing a judge’s order dismissing the case.

The plaintiffs accused Visa and MasterCard of violating federal antitrust laws in how they set rules concerning access fees for use of the companies’ ATM networks. A Washington federal judge dismissed the case in February 2013. U.S. District Judge Amy Berman Jackson found the plaintiffs failed to sufficiently plead that they were harmed by Visa and MasterCard’s actions and didn’t present enough facts to support claims of an unlawful conspiracy.