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#2209078 - 03/20/19 02:23 PM Mobile Deposit -What applies?
M&M Offline
Platinum Poster
Joined: Nov 2003
Posts: 527
Midwest
We're getting a VERY late start to turning on mobile deposit. I've read many of the prior posts on this topic, and I'm still a bit fuzzy on what applies to these transactions. Does Reg CC apply, specifically related to having to disclose to customers availability of their deposits and the need to update our Funds Availability disclosure and notice? It sounds like the hold provisions of Reg CC (Subpart B) do not apply. Since Subpart C does apply, then I assume that Reg E doesn't even come into the picture at all for these deposits? UCC?

Do most create new mobile banking terms, or just add certain specifics to the mobile app terms and conditions?
Thanks

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Deposits and Payments
#2209592 - 03/26/19 08:02 PM Re: Mobile Deposit -What applies? M&M
Compliance NABW Offline
Diamond Poster
Joined: Oct 2015
Posts: 1,486
Mobile deposits are not considered "checks" for the purposes of the parts of Reg. CC that deal with funds availability. Many banks use Reg. CC as a "guideline" for such transactions. The availability of such deposits would be governed by the terms of the account agreement.

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#2257693 - 08/04/21 09:39 PM Re: Mobile Deposit -What applies? M&M
Compliance504 Offline
Platinum Poster
Joined: Dec 2008
Posts: 668
Tennessee
I know mobile deposits are not covered by Reg CC....

Are we required to disclose anything about mobile deposits in our Funds Availability Disclosure?

We do disclose the hold information for these deposits in the mobile banking agreement and it is displayed each time a mobile deposit is made....

I just want to verify that our Funds Availability Disclosure does not need to disclose any information....

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#2257694 - 08/04/21 09:45 PM Re: Mobile Deposit -What applies? M&M
TryingtoComply Offline
Diamond Poster
Joined: Apr 2013
Posts: 1,813
The West
You only need the information in your mobile banking agreement. See the comment above about mobile deposits not being considered checks.

Best not to include information where it really doesn't belong. In my experience this causes issues when documents are updated.
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#2257697 - 08/04/21 09:52 PM Re: Mobile Deposit -What applies? M&M
Compliance504 Offline
Platinum Poster
Joined: Dec 2008
Posts: 668
Tennessee
Thanks!!

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#2258098 - 08/11/21 08:31 PM Re: Mobile Deposit -What applies? M&M
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 39,333
Cape Cod
I also suggest you include a provision that, if a check is mobile deposited with you and also deposited with another bank and your bank becomes accountable for the funds due to a duplicate payment either because the item was returned to your bank or because your bank has to honor an indemnity claim by a bank that accepted the paper check for deposit, your bank will have the right to charge the customer's account for the amount of the check or of the indemnity payment, as the case may be.

Get an attorney to suggest the language. If the attorney asks what sort of indemnity claim might be involved, have the attorney look up Regulation CC (12 CFR Part 229), ยงยง 229.34(f), (i), and (k).
Last edited by John Burnett; 08/12/21 12:32 PM. Reason: added links
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