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#688800 - 02/16/07 08:33 PM Check 21 Chargeback disclosure
ryanmcabee Offline
Member
Joined: Feb 2006
Posts: 94
Would anyone know how many times we are to provide the disclosure to customers when we return a Check 21 item? That is, are we only required to provide them with the disclosure once, or each time we return an item?

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#689270 - 02/19/07 09:53 PM Re: Check 21 Chargeback disclosure ryanmcabee
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
Each time you provide your consumer customer an actual substitute check -- charged-back items or in response to a request for a legible copy are a couple of examples when a substitute check MIGHT be provided -- you have to provide the disclosure.
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#691691 - 02/22/07 09:51 PM Re: Check 21 Chargeback disclosure John Burnett
FraudBuster Offline
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Joined: Nov 2005
Posts: 198
Indiana
This question came up just today: Is that for consumer accounts only, or business, as well?
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Opinions expressed do not necessarily reflect those of my employer or of my cats.

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#691772 - 02/22/07 10:58 PM Re: Check 21 Chargeback disclosure John Burnett
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
Originally Posted By: John Burnett
Each time you provide your consumer customer an actual substitute check ...


Emphasis added
_________________________
John S. Burnett
BankersOnline.com
Fighting for Compliance since 1976
Bankers' Threads User #8

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#695601 - 03/02/07 03:39 PM Re: Check 21 Chargeback disclosure John Burnett
Reads Regs Offline
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Joined: Nov 2004
Posts: 2,309
Do most banks just use the wording from model form C-5A of Appendix C to Regulation CC for all situations when the disclosure is required or have people adjusted the wording to deal with a returned item that is a substitute check? If anyone has come up with special wording for a returned substitute check, would you be willing to share? Thank you.
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Opinions expressed are my own and not necessarily those of my employer. They are not legal advice.

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#696121 - 03/04/07 04:20 PM Re: Check 21 Chargeback disclosure Reads Regs
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,396
Galveston, TX
Use the model langauge:

Appendix C to Part 229-Model Availablity Policy Disclosures, Clauses, and Notices; Model Substitute Check Policy Disclosure and Notices

This appendix contains model availability policy and substitute check policy disclosures, clauses, and notices to facilitate compliance with the disclosure and notice requirements of Regulation CC (12 CFR 229). Although use of these models is not required, banks using them properly (with the exception of models C-22 through C-25) to make disclosures required by Regulation CC are deemed to be in compliance.
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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