12 U.S.C. § 5006: Expedited recredit for consumers

the bank charged the consumer’s account for a substitute check that was provided to the consumer; the check was not properly charged to the consumer’s account; or the consumer has a warranty claim with respect to such substitute check; the consumer suffered a resulting loss; and 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). 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 the date on which the substitute check is made available to the consumer. 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. why the substitute check was not properly charged to the consumer’s account; or the warranty claim with respect to such check; a statement that the consumer suffered a loss and an estimate of the amount of the loss; 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 sufficient information to identify the substitute check and to investigate the claim. 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. 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. a consumer submits a claim to the bank with respect to that substitute check that meets the requirement of subsection (b); and the original check; or 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 demonstrated to the consumer that the substitute check was properly charged to the consumer account. 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. 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 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. 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). The claim is made during the 30-day period beginning on the business day the consumer account was established. 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 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. 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. 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. 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 notifies the consumer in accordance with subsection (f)(3). 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 is otherwise sufficient to determine whether or not the consumer’s claim is valid; and 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. the amount of the recredit; and the date the recredited funds will be available for withdrawal. the amount of the reversal; and the date the recredit was reversed. 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. 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. 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. This section shall only apply to customers who are consumers.