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- Check 21 gives new rights to collecting entities
- Check 21 allows collecting bank to convert physical check to a
physical, machine-readable, paper-substitute
- Paper substitute has the same legal force as the original
- Any check can be converted
- Check 21 is a law
- Check 21 does not:
- Provide legal coverage for image exchange
- Mandate image
- Determines what constitutes legal presentment
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- Existing check law
- UCC Articles 3 and 4: A bank may only charge a properly payable check
to a customer’s account
- Banks must resolve claims timely in order to limit liability
- Federal Reserve Board’s Regulation CC (Expedited Funds Availability
Act)
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- Additional Check 21 protections (warranties and indemnity)
- A bank that creates a substitute check warrants that:
- The substitute check meets the legal equivalence requirements
- Payment will not be requested based on a check that has already been
paid (no double debit)
- Bank that creates substitute check indemnifies all parties for loss, if
loss is due to receipt of substitute check rather than the original
check
- Consumer may make claim under Act for substitute check that was not
properly charged or for warranty claim
- Consumer suffered loss
- Original check or substitute check necessary to determine validity
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- Expedited recredit provisions for consumers
- Conditions
- A substitute check was not properly charged to the consumer’s account
or there was a warranty breach,
- The substitute check was provided to the consumer,
- The consumer suffered a resulting loss, and
- The original check or a better copy is needed to resolve the claim
- Claim must be filed within 40 days of receipt of the relevant
statement or substitute check
- The consumer’s bank must produce original check (or a better copy of
the original) showing that the substitute check was properly charged;
otherwise the bank must provide an expedited recredit
- The bank may reverse the recredit if it determines that the substitute
check was properly payable
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- Will Check-21:
- reduce my operating costs?
- reduce fees I pay?
- reduce my collection float?
- reduce my fraud losses?
- retain good customers?
- attract new customers?
- generate new fees & NIM?
- make me more competitive?
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- Proof & Transit
- Float improvement
- POD reengineering/Couriers
- Branch cut-offs, float extended to customers, business accounts
- Fee improvement
- Outbound Returns
- Reengineer returns processing/Couriers
- Fee improvement
- On-Us Processing
- Convert accounts to safekeeping & consequent backroom savings
- Outsource MICR/image capture activity, reduce/eliminate sorters
- Inbound Returns
- Fraud risk & loss
- Process reengineering
- Special instructions for business accounts
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- Paying customer resistance to truncation
- Transit item truncation - bulk file
- Administering claims
- Substitute check issues
- Quality control
- Liabilities
- Cost
- Forgeries
- Rate of Adoption
- What about ARC?
- Standards and rules
- Adjustments
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- Capture anywhere, deliver anywhere
- Standard check platform in all offices permits item kills & MICR
edits for any customer nationwide
- Image capture at any office, export to anywhere
- FedLine-Web permits customers to view images or download files without
regard to capture point
- All of our services are in production
- Largest payments processor in the US
- More than 5.2 billion images now archived
- Monthly Image Output - January
2004
- DLT and 8mm tape - 488 tapes created - 2.6 million images
- CD ROM -6,911 CDs created - 48.8 million images
- Internet file delivery - 230 customers, 47.6 million images
transmitted
- 175,523 images viewed, e-mailed or faxed via FedLine for the Web
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- Clear checks
- Convert paper check deposits to Images
- Receive image cashletters
- Capture images at Fed-of-First-Deposit for collection elsewhere in the
US
- Offer check-to-ACH conversion
- Create image cashletters for presentment
- Produce substitute checks
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- Check is here to stay
- Will be progressively smaller & much more expensive to handle as
time goes on
- Image and ACH conversion will accelerate the decline
- Now at 3% - 5%; could be 5%+
- Check-21 exploitation is about money in major process areas
- Proof-of-Deposit & Outbound transit
- Returns decisioning & Outbound returns
- Inbound on-us, cycle/account sorting, bulk file, statement rendering
& mailing
- Inbound returns to BOFD, reclears, final disposition
- Fed will have new services to help banks jumpstart their exploitation of
Check-21
- Fed services are not smoke-&-mirrors
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