Thanks, and I might have guessed that's where you were going with this. To my knowledge, there are no rules on this. But it's begun to be an issue with mobile deposits and duplicate presentments and, more recently, there have been some actual court cases (I'm not aware of decisions on these) where a customer is claiming that, when his check overdraws his account when it's first presented and an OD fee is imposed, that should be it, and the bank should not be able to charge another OD fee if the check is returned, redeposited and represented only to overdraw the account a second time (or a third time, if it's converted to a re-presented check entry (RCK) and represented via the ACH).
I don't know whether any of the cases are based on a claim that an FI doesn't have a right to impose the fee more than once. I suspect most of the cases are based on a claim that the bank's disclosures did not explain that an item, if presented more than once, may trigger an OD charge with each presentment.
There may be a state here and there that prohibits the practice, but, as I said earlier, I don't know of any.
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John S. Burnett
BankersOnline.com
Fighting for Compliance since 1976
Bankers' Threads User #8