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Check
Writing and Processing…in the 21st Century
Electronic
Check Conversion and the newly enacted law called Check 21 are
significantly changing the processing of checks and it is
important for you to understand how these changes impact your
checking account.
Electronic Check Conversion:
In recent
times, you may have noticed that occasionally you may not have
received your original check or check image back with your
monthly account statement. This is due to Electronic Check
Conversion and is a process in which your check is used as a
source of information – for the check number, your account
number, and the number that identifies Windsor Federal
Savings. The information is then used to make a one-time
electronic debit from your account – an electronic fund
transfer. The ACH rules in accordance with Regulation E allow
a merchant to use prior notice and receipt of the check as
authorization for this type of transaction. These transactions
will not appear on your statement with your checks but rather
with your other electronic transactions. However, the
transaction description will include the check number and the
biller’s name.
There are two
types of electronic check conversion transactions that you may
experience, “Point of Purchase (POP)” and “Accounts
Receivable Entry (ARC)”.
A “Point
of Purchase (POP)” transaction
occurs when you provide your check in person at a merchant and
the merchant uses information from your check to make an
electronic debit from your account. The merchant will normally
run the check through a machine and hand the voided check back
to you with your receipt. When this occurs, the merchant must
notify you that information from your check will be used to
make an electronic payment from your account. Notice may be
provided in different ways. For example, a merchant may post a
sign at the register or may give you a written notice that you
will be asked to sign. If you do not want your check to be
converted to an electronic debit, you must refuse to allow the
merchant to convert your check and you may have to provide
another form of payment (for example: cash, debit card, or
credit card).
An “Accounts
Receivable Entry (ARC)” transaction
occurs when you mail a payment to a biller and the biller once
again uses information from your check to make an electronic
debit from your account. However, prior to receiving your
check, the biller must in some manner provide you a notice
telling you of their intentions to convert your check to an
electronic item. The biller may have put the notice on your
statement or they may have sent a statement stuffer explaining
the new way of handling your check. The biller is required to
destroy the check to prevent the check from being presented
for payment again. Under the ACH rules, the biller is required
to keep a copy of your check for 2 years from the day the
electronic item posts to your account.
You have
different consumer rights with an electronic check conversion
transaction than when you use your check as payment and these
rights are:
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You have
the right to receive notice when you provide your check
telling you that information from the check will be used
to make an electronic payment from your account.
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You have
the right to receive notice when you provide your check
telling you of any fee that the merchant will collect from
your account electronically if you do not have enough
money in your account to cover the transaction. This fee
is similar to a “returned check” fee.
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You have
the right to receive a receipt when you make a purchase at
a store. The receipt will contain information about the
transaction including the date, amount and name of the
merchant.
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You have
the right to have this same information included as part
of the regular account statement from Windsor Federal
Savings.
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You have
the right to ask Windsor Federal Savings to investigate
any electronic fund transfers from your account that you
believe are unauthorized or incorrect.
The ACH rules
have built in safeguards that enable us to correct errors or
reverse unauthorized transactions. You have 60 days from the
date that your statement was sent to you to tell us about the
problem. Were you charged the wrong amount? Were you charged
twice for the same transaction? Is there an unauthorized
electronic transaction charged to your account? If you have a
problem with an electronic check conversion transaction,
contact our Customer Service Center immediately.
In the event
that you need to prove that you made payment to the biller,
the biller’s name will appear on your bank statement. This
serves as proof of payment. Please remember to always review
your regular account statement and keep them as proof of
payment.
Check 21 - The Check Clearing for the 21st
Century Act
The Check
Clearing for the 21st Century Act, popularly known as Check
21, was enacted in October of 2003, with an effective date of
October 28, 2004. The Act allows banks to dispense with
original paper checks and instead transmit electronic images
of the check through the check clearing process. The main goal
of Check 21 is to avoid the necessity of physically
transporting original paper checks all over the country and
instead to facilitate the electronic transfer of an image and
other information about a check.
If a consumer
or bank anywhere along the chain insists on receiving the
original paper check, the Act instead allows the use of a
substitute check (such as a laser printout of an electronic
image). In accordance with the Check 21 Act, all banks must be
prepared to accept a substitute check in place of the original
after the effective date of October 28, 2004. Because the
Check 21 Act provides that a properly prepared substitute
check is the “legal equivalent of the original check for all
purposes,” a bank cannot refuse to pay a check based solely
on the fact that it was presented with a substitute check
instead of the original check. In the long run, this new law
is likely going to have a profound impact on the evolution of
the payments or check-processing system, escalating the trend
toward electronic processing.
A substitute
check is, well, just that – a substitute check that includes
all of the information that appeared on the original paper
check – images of both the front and the back of the check,
including the signature – and any endorsements. This
information includes the payment and endorsement information
from the original check. A substitute check need not contain
watermarks, decorative features, or security features that do
not survive the imaging process.
What
impact will Electronic Check Conversion and Check 21 have on
my checking account?
In the case
of Electronic Check Conversion, you will receive fewer check
images in the future and instead these transactions will be
detailed in the “Withdrawals and Debits” section instead
of the “Checks” section of your monthly statement. In the
case of Check 21, you will at times receive images of a “substitute
check” which will resemble your original check but with
additional information appearing to the left of the check
image. The image of a “substitute check” will have the
same placement among your check images as an original check
image prior to Check 21.
Important!!! Both
Electronic Check Conversion and Check 21 result in faster
clearing time for check based transactions. Check float will
gradually diminish as more check based transactions are
processed electronically. Therefore, you will want to be sure
to have adequate funds available in your account when you
write a check.
If you have
any questions about Electronic Check Conversion or Check 21,
please do not hesitate to contact our Customer Service Center at (860) 688-8511.
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