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U.S. Code as of:
01/19/04
Section 5006. Expedited recredit for consumers
(a) Recredit claims
(1) In general
A consumer may make a claim for expedited recredit from the
bank that holds the account of the consumer with respect to a
substitute check, if the consumer asserts in good faith that -
(A) the bank charged the consumer's account for a substitute
check that was provided to the consumer;
(B) either -
(i) the check was not properly charged to the consumer's
account; or
(ii) the consumer has a warranty claim with respect to such
substitute check;
(C) the consumer suffered a resulting loss; and
(D) the production of the original check or a better copy of
the original check is necessary to determine the validity of
any claim described in subparagraph (B).
(2) 40-day period
Any claim under paragraph (1) with respect to a consumer
account may be submitted by a consumer before the end of the
40-day period beginning on the later of -
(A) the date on which the financial institution mails or
delivers, by a means agreed to by the consumer, the periodic
statement of account for such account which contains
information concerning the transaction giving rise to the
claim; or
(B) the date on which the substitute check is made available
to the consumer.
(3) Extension under extenuating circumstances
If the ability of the consumer to submit the claim within the
40-day period under paragraph (2) is delayed due to extenuating
circumstances, including extended travel or the illness of the
consumer, the 40-day period shall be extended by a reasonable
amount of time.
(b) Procedures for claims
(1) In general
To make a claim for an expedited recredit under subsection (a)
with respect to a substitute check, the consumer shall provide to
the bank that holds the account of such consumer -
(A) a description of the claim, including an explanation of -
(i) why the substitute check was not properly charged to
the consumer's account; or
(ii) the warranty claim with respect to such check;
(B) a statement that the consumer suffered a loss and an
estimate of the amount of the loss;
(C) the reason why production of the original check or a
better copy of the original check is necessary to determine the
validity of the charge to the consumer's account or the
warranty claim; and
(D) sufficient information to identify the substitute check
and to investigate the claim.
(2) Claim in writing
(A) In general
The bank holding the consumer account that is the subject of
a claim by the consumer under subsection (a) may, in the
discretion of the bank, require the consumer to submit the
information required under paragraph (1) in writing.
(B) Means of submission
A bank that requires a submission of information under
subparagraph (A) may permit the consumer to make the submission
electronically, if the consumer has agreed to communicate with
the bank in that manner.
(c) Recredit to consumer
(1) Conditions for recredit
The bank shall recredit a consumer account in accordance with
paragraph (2) for the amount of a substitute check that was
charged against the consumer account if -
(A) a consumer submits a claim to the bank with respect to
that substitute check that meets the requirement of subsection
(b); and
(B) the bank has not -
(i) provided to the consumer -
(I) the original check; or
(II) a copy of the original check (including an image or
a substitute check) that accurately represents all of the
information on the front and back of the original check, as
of the time at which the original check was truncated; and
(ii) demonstrated to the consumer that the substitute check
was properly charged to the consumer account.
(2) Timing of recredit
(A) In general
The bank shall recredit the consumer's account for the amount
described in paragraph (1) no later than the end of the
business day following the business day on which the bank
determines the consumer's claim is valid.
(B) Recredit pending investigation
If the bank has not yet determined that the consumer's claim
is valid before the end of the 10th business day after the
business day on which the consumer submitted the claim, the
bank shall recredit the consumer's account for -
(i) the lesser of the amount of the substitute check that
was charged against the consumer account, or $2,500, together
with interest if the account is an interest-bearing account,
no later than the end of such 10th business day; and
(ii) the remaining amount of the substitute check that was
charged against the consumer account, if any, together with
interest if the account is an interest-bearing account, not
later than the 45th calendar day following the business day
on which the consumer submits the claim.
(d) Availability of recredit
(1) Next business day availability
Except as provided in paragraph (2), a bank that provides a
recredit to a consumer account under subsection (c) shall make
the recredited funds available for withdrawal by the consumer by
the start of the next business day after the business day on
which the bank recredits the consumer's account under subsection
(c).
(2) Safeguard exceptions
A bank may delay availability to a consumer of a recredit
provided under subsection (c)(2)(B)(i) until the start of either
the business day following the business day on which the bank
determines that the consumer's claim is valid or the 45th
calendar day following the business day on which the consumer
submits a claim for such recredit in accordance with subsection
(b), whichever is earlier, in any of the following circumstances:
(A) New accounts
The claim is made during the 30-day period beginning on the
business day the consumer account was established.
(B) Repeated overdrafts
Without regard to the charge that is the subject of the claim
for which the recredit was made -
(i) on 6 or more business days during the 6-month period
ending on the date on which the consumer submits the claim,
the balance in the consumer account was negative or would
have become negative if checks or other charges to the
account had been paid; or
(ii) on 2 or more business days during such 6-month period,
the balance in the consumer account was negative or would
have become negative in the amount of $5,000 or more if
checks or other charges to the account had been paid.
(C) Prevention of fraud losses
The bank has reasonable cause to believe that the claim is
fraudulent, based on facts (other than the fact that the check
in question or the consumer is of a particular class) that
would cause a well-grounded belief in the mind of a reasonable
person that the claim is fraudulent.
(3) Overdraft fees
No bank that, in accordance with paragraph (2), delays the
availability of a recredit under subsection (c) to any consumer
account may impose any overdraft fees with respect to drafts
drawn by the consumer on such recredited amount before the end of
the 5-day period beginning on the date notice of the delay in the
availability of such amount is sent by the bank to the consumer.
(e) Reversal of recredit
A bank may reverse a recredit to a consumer account if the bank -
(1) determines that a substitute check for which the bank
recredited a consumer account under subsection (c) was in fact
properly charged to the consumer account; and
(2) notifies the consumer in accordance with subsection (f)(3).
(f) Notice to consumer
(1) Notice if consumer claim not valid
If a bank determines that a substitute check subject to the
consumer's claim was in fact properly charged to the consumer's
account, the bank shall send to the consumer, no later than the
business day following the business day on which the bank makes a
determination -
(A) the original check or a copy of the original check
(including an image or a substitute check) that -
(i) accurately represents all of the information on the
front and back of the original check (as of the time the
original check was truncated); or
(ii) is otherwise sufficient to determine whether or not
the consumer's claim is valid; and
(B) an explanation of the basis for the determination by the
bank that the substitute check was properly charged, including
a statement that the consumer may request copies of any
information or documents on which the bank relied in making the
determination.
(2) Notice of recredit
If a bank recredits a consumer account under subsection (c),
the bank shall send to the consumer, no later than the business
day following the business day on which the bank makes the
recredit, a notice of -
(A) the amount of the recredit; and
(B) the date the recredited funds will be available for
withdrawal.
(3) Notice of reversal of recredit
In addition to the notice required under paragraph (1), if a
bank reverses a recredited amount under subsection (e), the bank
shall send to the consumer, no later than the business day
following the business day on which the bank reverses the
recredit, a notice of -
(A) the amount of the reversal; and
(B) the date the recredit was reversed.
(4) Mode of delivery
A notice described in this subsection shall be delivered by
United States mail or by any other means through which the
consumer has agreed to receive account information.
(g) Other claims not affected
Providing a recredit in accordance with this section shall not
absolve the bank from liability for a claim made under any other
law, such as a claim for wrongful dishonor under the Uniform
Commercial Code, or from liability for additional damages under
section 5005 or 5009 of this title.
(h) Clarification concerning consumer possession
A consumer who was provided a substitute check may make a claim
for an expedited recredit under this section with regard to a
transaction involving the substitute check whether or not the
consumer is in possession of the substitute check.
(i) Scope of application
This section shall only apply to customers who are consumers.
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