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The Check Clearing for the 21st Century Act or
“Check 21” took effect October 28, 2004. The goal of
“Check 21” is to reduce time, risk, and costs associated
with paper check processing.
Today when you write a check for payment, the check
is physically transported between banks. “Check 21”
allows banks to convert a check into an electronic image
and use a “substitute check” in lieu of the original
check. A substitute check is a paper copy of the digital
image of your original check—both front and back, with
all endorsements—and is about the size of a business
check. All banks must accept the substitute check as
they would the original document.
What is Check 21?
The Check Clearing for the 21st Century Act, or
"Check 21", as it is most often referred to, is new
federal legislation which permits any entity who
processes a check to create a "substitute check" by
taking a picture of the check you write and processing
it electronically, rather than actually physically
transporting the check. This results in an electronic
version of your check, which will be regarded as the
legal equivalent of the original check you wrote. The
original check you wrote is then taken out of
circulation. If at any point an actual physical check is
needed, a paper printout of the electronic check image
is made, resulting in a substitute check.
Check 21 does not require a bank to create substitute
checks. Instead, the Act requires everyone to accept
substitute checks as the legal substitute of the check
you originally wrote.
What are the benefits of Check 21?
Congress passed Check 21 to facilitate easier, more
rapid funds transfer, as physically transporting checks
takes time and is expensive. Inclement weather, labor
strikes, or other interruptions in the transportation
system can significantly slow down the check processing
system. Creating an electronic check image will bypass
the need for physically sending the check back and
forth. In many cases, the amount of time required to
move money out of your account to pay the recipients of
your checks will be significantly reduced. The funds
from checks you deposit may also be available sooner.
What do substitute checks look like?
Substitute checks are similar in size to original
checks, with a slightly reduced image of the front and
back of the original check. The front of a substitute
check states: "This is a legal copy of your check. You
can use it the same way you would use the original
check." You may use a substitute check as proof of
payment just like the original check. Images of
substitute checks will begin to appear in your monthly
account statement, as banks and other entities begin to
create electronic substitutes of your checks.
What consumer protection and warranties are provided?
Check 21 has features to protect consumers in case
of discrepancies. A bank that truncates your check must
warranty that the substitute check is accurate, and that
the original check will not be processed in addition to
the substitute check. If you believe your check was
processed twice, or was processed for the wrong amount,
Check 21 provides specific recrediting rights, which are
outlined below.
What are my rights under Check 21?
The following paragraphs describe rights you have
when you receive substitute checks from us. The rights
in this notice do not apply to original checks or to
electronic debits to your account. However, you have
rights under other law with respect to those
transactions, as described in the Oak Brook Bank Deposit
Account Agreement and Disclosures booklet.
What are my rights regarding substitute checks?
In certain cases, federal law provides a special
procedure that allows you to request a refund for losses
you suffer if a substitute check is posted to your
account (for example, if you think that we withdrew the
wrong amount from your account or that we withdrew money
from your account more than once for the same check).
The losses you may attempt to recover under this
procedure may include the amount that was withdrawn from
your account and fees that were charged as a result of
the withdrawal (for example, returned check fees).
The amount of your refund under this procedure is
limited to the amount of your loss or the amount of the
substitute check, whichever is less. You also are
entitled to interest on the amount of your refund if
your account is an interest-bearing account. If your
loss exceeds the amount of the substitute check, you may
be able to recover additional amounts under other law.
If you use this procedure, you may receive up to $2,500
of your refund (plus interest if your account earns
interest) within 10 business days after we received your
claim and the remainder of your refund (plus interest if
your account earns interest) not later than 45 calendar
days after we received your claim. We may reverse the
refund (including any interest on the refund) if we
later are able to demonstrate that the substitute check
was correctly posted to your account.
How do I make a claim for a refund?
If you believe you have suffered a loss relating to
a substitute check you received and that was posted to
your account, please contact your banking office.
Redlands Main Branch
218 E State Street
Redlands, CA 92373
909 798-3611
Palm Desert Branch
77-900 Fred Waring Drive, Ste 100
Palm Desert CA 92211
760 674-9260
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Brea Branch
10 Pointe Drive
Brea CA 92821
714 990-8862
Irwindale Branch
15622 Arrow Hwy
Irwindale CA 91706
626 815-0875
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Escondido Branch
355 W Grand Avenue
Escondido CA 92025
760 745-9370
Temecula Branch
27645 Jefferson Ave. Ste. 116
Temecula, CA 92590
951 695-4916 |
You must contact us within 40 calendar days of the date
that we mailed (or otherwise delivered by a means to
which you agreed) the substitute check in question or
the account statement showing that the substitute check
was posted to your account, whichever is later. We will
extend this time period if you were not able to make a
timely claim because of extraordinary circumstances.
Your claim must include:
- A description of why you have suffered a loss
(for example, you think the amount withdrawn was
incorrect);
- An estimate of the amount of your loss;
- An explanation of why the substitute check you
received is insufficient to confirm that you
suffered a loss; and
- A copy of the substitute check and/or the
following information to help us identify the
substitute check (identifying information, for
example the check number, the name of the person to
whom you wrote the check, the amount of the check).
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