If it is the bank's policy not to send physical substitute checks with the statements...Can you think of a circumstance that would trigger the expedited recredit provision???? Thanks.

If the customer will get a substitute check back even on a case-by-case basis, such as a returned check, recredit rights may apply.

If a consumer that does not receive their checks back with their statements requests a copy of a check, and the item was originally presented as a substitute check, and we give the consumer a copy of the substitue check, does that mean we have provided them an actual substitue check, or is it considered an image or copy.

If it is only considered an image or copy, the epedited recredit claim process will not be take effect correct?

A photocopy of a substitute check is not a "substitute check" as defined in the statute and regulation. The customer's receipt of the photocopy does not trigger the consumer protection provisions; e.g. the potential for expedited recrediting.

Just to add to Ken's comment, I have been asked if a request for copy must now be fulfilled with a substitue check. The answer is no, continue providing "copies" in whatever manner as today, i.e., microfilm copy, image copy. I do not believe there should be much, if any, need to provide a substitue check in response to a request for a copy.