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Frequently Asked Questions about Check 21
1. What
is Check 21 and what is its basic purpose?
2. How
will Check 21 make check processing more efficient?
3. Is
electronic check processing secure?
4. What
changes can I expect when Check 21 goes into effect?
5. Will
Check 21 result in my check being paid sooner?
6. Will
Check 21 affect how quickly I receive funds from the checks that I
deposit with my bank?
7. What
is the difference between Check 21 and programs that convert checks
to electronic payments?
8. What is a substitute check?
9. When
is a substitute check legally the same as the original check?
10.
Can I use a substitute check as proof of payment?
11.
How are image statements different from substitute checks?
12.
Can I demand a substitute check from my bank instead of a copy?
13.
What should I do if something is wrong with the substitute check
that I receive?
14. Is my bank required to tell me about
substitute checks?
15. Can I still get my canceled checks back?
16.
Can I get my original check if I need it?
17.
Can banks or their customers prevent others from using their
original checks to create substitute checks?
18. What if I receive a substitute check representing a fraudulent
original check?
19. How am I protected under Check 21?
20. What protections do I have if I receive image statements, access
pictures of my checks online, or receive an account statement with
descriptive information about my canceled checks?
21. If I suffer a loss related to a substitute check I received, can
I file a claim with my bank?
22. Does the special refund procedure apply if I receive an image
statement with a picture of a substitute check but do not receive
the actual substitute check?
23. How do I make a claim under the Check 21 refund procedure?
24. How quickly must my bank handle my claim, and when will my
account be refunded?
25. How will I know if my bank has refunded my account?
26. Can my bank delay my ability to withdraw the amount that it
refunds?
27. What happens if my bank says it charged my account correctly?
1. What is Check 21 and
what is its basic purpose?
Check 21 is a federal law that is
designed to enable banks to handle more checks electronically, which
should make check processing faster and more efficient. Today, banks
often must physically move original paper checks from the bank where
the checks are deposited to the bank that pays them. This
transportation can be inefficient and costly. Check 21 becomes
effective on October 28, 2004.
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2. How will Check
21 make check processing more efficient?
Instead of physically moving paper
checks from one bank to another, Check 21 will allow banks to
process more checks electronically. Banks can capture a picture of
the front and back of the check along with the associated payment
information and transmit this information electronically. If a
receiving bank or its customer requires a paper check, the bank can
use the electronic picture and payment information to create a paper
"substitute check." This process enables banks to reduce the cost of
physically handling and transporting original paper checks, which
can be very expensive.
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3. Is electronic
check processing secure?
Electronic check processing is not new
to the financial industry and is a safe and reliable way of
processing payments. It uses technology that has been developed and
tested to process your check information securely.
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4. What changes
can I expect when Check 21 goes into effect?
After October 28, 2004, you may
receive a substitute check when you were expecting an original
check. For example, if you receive canceled checks with your account
statement, you might begin to receive a mixture of canceled original
and substitute checks. If you receive image statements (pictures of
several checks on a single page), you also may notice that some of
the pictures are of substitute checks.
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5. Will Check 21
result in my check being paid sooner?
With Check 21, banks will likely
process more checks electronically. As a result, your check may
reach your bank faster and be paid sooner. Always make sure you have
enough money in your account to cover the checks you write at the
time that you write them.
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6. Will Check 21
affect how quickly I receive funds from the checks that I deposit
with my bank?
Another federal check law (Expedited
Funds Availability Act) specifies the maximum time periods by which
your bank must make funds available to you. Some banks, however,
make funds available sooner than this law requires.
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7. What is the
difference between Check 21 and programs that convert checks to
electronic payments?
A check you write may be processed as
a check. In that case, your rights are governed by check laws and
regulations. Under electronic check conversion, the check is used
only as a source of information to create an electronic fund
transfer and is not processed as a check. You must receive notice
that your check may be processed this way. Electronic fund transfers
are governed by different laws and have different consumer rights
than check payments. For more information about electronic check
conversion, see the brochure "When
Is Your Check Not a Check: Electronic Check Conversion"
published by the Federal Reserve Board.
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8. What is a substitute check?
A substitute check is a paper copy of
the front and back of the original check. A substitute check is
slightly larger than a standard personal check so that it can
contain a picture of your original check. A substitute check must be
printed in accordance with very specific standards so that the
substitute check can be used in the same way as the original check.
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9. When is a
substitute check legally the same as the original check?
A substitute check is legally the same
as the original check if it accurately represents the information on
the original check and includes the following statement: "This is a
legal copy of your check. You can use it the same way you would use
the original check." The substitute check must also have been
handled by a bank.
If you receive a substitute check that
is not legally the same as the original check and you suffer a loss
related to the substitute check, Check 21 provides you with a
special procedure that you can use to get your money back.
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10. Can I use a
substitute check as proof of payment?
Yes. You can use a substitute check as
proof of payment because it is legally the same as the original
check. For instance, the IRS will accept your substitute check as
proof of payment. If you do not have a substitute check but have a
copy of an original check or a copy of a substitute check, you
usually can use these documents as proof of payment.
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11. How are image
statements different from substitute checks?
Instead of providing canceled checks,
some banks provide customers with image statements that show
multiple pictures of canceled checks per page. The pictures on the
image statement could represent an original check or a substitute
check. Whether the consumer receives an original check, a substitute
check, an image statement, or a line item on his or her account
statement, check law protects consumers against erroneous and
unauthorized check payments. In addition, Check 21 provides a
special refund procedure (called "expedited recredit"), if you
receive a substitute check. For more information, see the
consumer protection section below or contact your bank.
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12. Can I demand
a substitute check from my bank instead of a copy?
Your bank may provide you with a
substitute check, but it is not required by law to do so. If your
bank does not provide you with a substitute check, you usually can
use a copy of an original check or a copy of a substitute check as
your proof of payment.
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13. What should I
do if something is wrong with the substitute check that I receive?
A substitute check must show the front
and back of the original check and be printed in accordance with
very specific standards. If you receive a substitute check that
appears to have a problem, such as it contains a bad picture of your
original check, contact your bank.
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14. Is my bank required to tell me about substitute
checks?
Under Check 21, banks are required to
provide a disclosure to their consumer customers who receive
canceled checks with their monthly statements. The disclosure
describes substitute checks and consumer rights regarding substitute
checks. Banks must provide this disclosure to existing customers not
later than the first statement mailing after Check 21 becomes
effective on October 28, 2004. After October 28, 2004, banks must
provide this disclosure to new customers at the time the customer
relationship is established. If you receive canceled checks with
your account statement but did not receive the required disclosure
within the timeframes described above, please request one from your
bank. Banks must also provide a disclosure when a consumer requests
an original check or copy of a check and receives a substitute
check. In addition, the bank must provide a disclosure if a check
the consumer has deposited is returned unpaid to the consumer in the
form of a substitute check.
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15. Can I still get my canceled checks back?
Bank of the Bluegrass does not return original
checks to their customers. All customers will receive an image
statement which has "pictures" of checks and deposits clearing the
account. The statement is hole-punched for easy storage in a Bank
Statement binder.
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16. Can I get my
original check if I need it?
Banks are not required currently to
keep your original check for any specific length of time, and Check
21 does not add any new retention requirements. In many cases, the
original check may be destroyed. If you request your original check
from your bank, your bank may provide you with the original check, a
substitute check, or a copy of the check.
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17. Can banks or
their customers prevent others from using their original checks to
create substitute checks?
No. Generally, any check can be used
to create a substitute check, including a personal check, corporate
check, credit card check, postal money order, and U.S. Treasury
check. However, a foreign check cannot be used to create a
substitute check.
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18. What if I
receive a substitute check representing a fraudulent original check?
Check law provides protections against
fraudulent checks so that generally you are not responsible if you
notify the bank in a timely fashion. This is the case whether you
receive an original check, a substitute check, an image statement,
or a line item on your account statement. If you receive a
substitute check of a fraudulent original check, you may have
additional rights under Check 21. Contact your bank for more
information.
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Consumer Protection
19. How am I protected under Check 21?
Check law protects you against
erroneous and unauthorized check payments. In addition, Check 21
contains a number of new protections for consumers. For example,
Check 21 contains a special refund procedure (called "expedited
recredit") for a consumer who suffers a loss related to a substitute
check he or she received.
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20. What
protections do I have if I receive image statements, access pictures
of my checks online, or receive an account statement with
descriptive information about my canceled checks?
Years ago, many banks stopped
providing customers with canceled checks and, as an alternative,
began providing customers with documentation showing which checks
were paid. Regardless of the form of documentation you receive,
check law protects you against erroneous and unauthorized check
payments.
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21. If I suffer a
loss related to a substitute check I received, can I file a claim
with my bank?
Yes. If you have received a substitute
check, you can file a special claim with your bank for a refund
(called an "expedited recredit") if you believe that
- The substitute
check was incorrectly charged to your account,
- You lost money
as a result of the substitute check being charged to your account,
and
- You need the
original check or a copy sufficient to show that the substitute
check was incorrectly charged to your account.
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22. Does the
special refund procedure apply if I receive an image statement with
a picture of a substitute check but do not receive the actual
substitute check?
No. The special refund procedure
applies only if you actually received a substitute check. However,
check law protects you from improper check charges regardless of
whether you receive an original check, substitute check, image
statement, or a line item on your account statement. If you feel an
error was made to your account, contact your bank immediately.
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23. How do I make
a claim under the Check 21 refund procedure?
If you believe that you have suffered
a loss relating to a substitute check that you received, you should
contact your bank as soon as possible but no later than 40 days from
when your bank mailed or delivered your account statement. Your bank
will ask you to provide information it needs to investigate your
claim, which could include a description of the problem, an estimate
of your loss, and information about the substitute check.
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24. How quickly
must my bank handle my claim, and when will my account be refunded?
Your bank should investigate your
claim promptly. If your bank finds that it incorrectly charged your
account, the bank must refund the amount of your claim (up to the
amount of the substitute check, plus interest if your account earns
interest) within one business day of making that decision.
If your bank is unable to determine
the validity of your claim within 10 business days after receiving
it, your bank on that day must refund the amount of your loss up to
the lesser of amount of the substitute check or $2,500, plus
interest (if your account earns interest). Unless your bank
determines that your claim is not valid, it must refund to your
account any remaining amount of your loss, up to the amount of the
substitute check, plus interest, no later than the 45th calendar day
after the bank received your claim.
If your bank later
determines that your claim was not valid, it may reverse the refund
and interest it has paid to you.
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25. How will I
know if my bank has refunded my account?
If your bank refunds your account, it
will send you a notice by the next business day that tells you the
amount of your refund and the date on which you may withdraw those
funds. Normally, you may withdraw your refund on the business day
after your bank refunds your account.
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26. Can my bank
delay my ability to withdraw the amount that it refunds?
If your bank is still investigating
your claim, it may delay your ability to withdraw up to the first
$2,500 of the refund if (1) you are a new accountholder, (2) your
account is repeatedly overdrawn, or (3) the bank has reason to
believe the claim is fraudulent. In these cases, your bank must
allow you to withdraw the funds after determining that your claim is
valid or on the 45th calendar day after the day that you submitted
your claim, whichever occurs first.
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27. What happens
if my bank says it charged my account correctly?
If your bank determines that it
correctly charged your account, it will send you a notice by the
next business day that explains the reason for that decision and
will include either the original check or a copy of the original
check that is sufficient to determine the validity of your claim.
Your bank will also either include the documentation the bank used
in making its determination or will explain that you can request
such documentation.
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