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#2131309 - 05/22/17 03:30 PM check scanned then original check deposite
Opps Offline
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Joined: May 2006
Posts: 12
If a check was deposited via mobile capture at bank A then a few days later the original check was deposited at bank B.
Which bank would end up taking the lost for the check?
Last edited by DEP; 05/22/17 03:32 PM.
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Deposits and Payments
#2131312 - 05/22/17 03:39 PM Re: check scanned then original check deposite Opps
HappyGilmore Offline
10K Club
Joined: Jun 2004
Posts: 19,487
Pulling people out of the ditc...
whichever one the paying bank returned.
Last edited by HappyGilmore; 05/22/17 03:40 PM.
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#2131330 - 05/22/17 05:09 PM Re: check scanned then original check deposite Opps
Dog Lady Offline
Member
Joined: Dec 2015
Posts: 74
Check 21 (in my understanding) still recognizes the paper check as the true item, although this is probably due for revision. So technically Bank A should take the loss. This is why so many banks require the customer to endorse the check to their account at the bank in order to remotely deposit.

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#2131331 - 05/22/17 05:10 PM Re: check scanned then original check deposite Opps
Dog Lady Offline
Member
Joined: Dec 2015
Posts: 74
But both banks should be having a stern conversation with the customer to make sure this was not intentional and to clean up procedures so it doesn't happen again if it was not intentional.

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#2131337 - 05/22/17 05:18 PM Re: check scanned then original check deposite Opps
Ric30 Offline
100 Club
Joined: Apr 2005
Posts: 186
IN
There still isn't a definite answer from the Fed on this. It's basically up to the paying bank which BoFD they go after.
Last edited by Ric30; 05/22/17 05:19 PM.
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#2131384 - 05/22/17 07:20 PM Re: check scanned then original check deposite Opps
madukes Offline
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madukes
Joined: Jul 2009
Posts: 1,448
Flyers Country
You can file the PAID case through the fed to either bank. We usually go after the mobile deposit so that bank knows what their customer is up to with that service (at our bank we turn off the service if a customer deposits an item twice unless they have a very good explanation for it).

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#2131405 - 05/22/17 08:44 PM Re: check scanned then original check deposite Opps
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 39,630
Cape Cod
The Fed included a provision in its last proposal to update Regulation CC. It would indemnify the bank that took the paper item for deposit and had it charged back as a duplicate presentment on the theory that the bank that accepts mobile deposits contributes to the risk of such events. But until the Fed makes a final rule change (is that EVER going to happen?) ....
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