One receives the warranty protections under Check 21 whenever one receives (and is charged for) a substitute check or any representation of a substitute check, regardless of whether one ever receives the actual substitute check. This is true whether or not one is a consumer.
But a bank need only provide the §229.57 disclosures to consumers who will receive original paper checks (and presumably actual substitute checks) in their bank statements after 10/28/04, and to consumers to whom actual substitute checks are provided on an occasional basis.
Expedited recrediting under §229.54 similarly only applies to consumers who have received an actual substitute check (whether or not they still have it), and can demonstrate that they were improperly charged for the substitute check or that they have a warranty claim for the substitute check.
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John S. Burnett
BankersOnline.com
Fighting for Compliance since 1976
Bankers' Threads User #8