Paper Checks, Remote Deposit Capture, ACH & Electronic Transfers: What Law Applies & Who is Liable?

Adam LaBoda


Adam LaBoda, Esq. is an attorney with Spencer Fane Britt & Browne LLP where he specializes in the representation of financial institutions.

Adam was awarded his juris doctor from the University of Kansas Law School. Prior to joining Spencer Fane, Adam served as a law clerk for Chief Judge Lee M. Jackwig, United States Bankruptcy Court for the Southern District of Iowa. He is a member of the Missouri Bar and the Kansas Bar Associations, as well as a member of the Kansas and Missouri Bankers Associations, and the Kansas City Bankruptcy Bar Association. He is licensed to practice law in Missouri and Kansas, as well as the federal district courts in Kansas and the Western District of Missouri.

Wednesday, September 16th, 2009
10:00 am - 12:00 pm CT

The Institute of Certified Bankers (ICB) is dedicated to promoting the highest standards of performance and ethics within the financial services industry.  This webinar has been approved for 2.50 CBT, 2.50 CCSR, 2.50 CFSSP, 2.50 CRCM, & 2.50 CSOP credits.  This statement should not be viewed as an endorsement of this program or its sponsor.

Remember the good old days where we simply had to deal with paper checks? It is extremely more difficult nowadays with the many different types of electronic payments such as ACH, remote deposit capture, electronic fund transfers, electronic check conversion, imaged items, debit cards, and the list goes on. The financial institution's liability varies depending on the type of transaction. But, what if the transaction started out as a paper check and then was converted to an ACH debit? Would the UCC, Regulation E or the NACHA rules apply? Does the UCC or Regulation E apply to remote deposit capture? This session will explain which law applies and the financial institution's liability under these various types of paper and electronic transactions.

Highlights:

  • Forged maker's signature and forged endorsements
  • Counterfeit check verses altered check
  • Unauthorized ACH
  • Unauthorized debit card transactions
  • Unauthorized ATM withdrawals
  • Electronically converted items
  • Fraudulent Internet transfers

Who Should Attend?

This informative session will be useful to deposit operations personnel and managers, tellers, customer service representatives, compliance personnel, fraud investigators, and auditors.
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