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Check 21 and Your Checking Account

The Check Clearing for the 21st Century Act (Check 21) became effective on October 28, 2004. Key details are given below with additional information at the Federal Reserve Board Web sites:

http://www.federalreserve.gov/pubs/check21/consumer_guide.htm
http://www.federalreserye,gQv/pubs/check21/shouldknow.htm

What is Check 21 and What is its Purpose?

Check 21, as a federal law, helps banks (credit unions) process checks faster electronically, decreasing the processing time and transportation costs. Currently, when you write a check, it is sent from the payee's bank (the company you wrote the check to) to a central check clearinghouse (usually a Federal Reserve Bank) and then to your bank. If you have an account that returns cancelled checks, the processed paper checks are collected and returned to you each statement period. Under Check 21 guidelines, banks can take a picture of the front and back of your paper check and transmit payment information electronically. If the customer requires a paper check, the bank can use the electronic copy and payment information to create a paper "substitute check." The new process eliminates checks being physically transported from one bank to another.

What is a "Substitute Check?"

A substitute check is a paper copy of the back and front of your original check. Because it is a picture of your check, the paper containing the substitute check might be slightly larger than the original check. The statement "This is a legal copy of your check," will be included on the substitute check. Substitute checks can be used as a proof of payment.

How will Check 21 Impact Consumers?

You will not get back some or all of your original checks, because they will not be returned to your bank. Checks you write now may clear faster than in the past.

  • Read the Check 21 disclosure that arrives with your checking account statement. Banks are required to provide a disclosure statement to customers who receive canceled checks with monthly statements no later than the first statement mailing after Check 21 became effective on October 28, 2004.
  • Contact your bank to clarify any questions you have about Check 21 after reading the disclosure statement. Make written notes of your conversation and file it for reference.
  • Write checks only if you have sufficient funds in your account.
  • Substitute checks are the legal equivalent of the original paper check. If you do not receive canceled checks with your monthly checking account statements and need a copy of a check for some reason, be sure to request a "substitute check.."
  • Know the difference between an image of your check and a substitute check. Check images are not governed by the Check 21 regulations. Image statements show multiple checks on a single page.
  • Know how "expedited recrediting" works in case of improper payment. Under Check 21, if you receive a substitute check you can make an expedited recredit claim if a substitute check was improperly charged to your account. Banks generally have 10 business days after a consumer complains to recredit the consumer's account for amounts up to $2,500 per check pending completion of an investigation. Exceptions are made for new accounts, accounts repeatedly withdrawn, and suspicion of fraud.
  • Evaluate your checking account needs. A new account might better suit your needs.
  • Use duplicate checks to maintain a check record if your canceled checks are not returned from your bank.
  • Carefully review your checking account statements during the next few months as Check 21 is implemented. There may be a few unanticipated wrinkles or problems. When you are aware of problems, you can usually resolve them faster.

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Please e-mail us with your questions, comments or suggestions at cfb4@psu.edu.
Last Update: July 30, 2008
Financial & Consumer Literacy contact:
Cathy Bowen cbowen@psu.edu or Marilyn Furry mfurry@psu.edu

 

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