{"identifier":"/us/usc/t12/s5011","title":12,"num":"\u00a7\u202f5011.","heading":"Consumer awareness","text":"\u00a7\u202f5011.\nConsumer awareness\n(a)\nIn general\nEach bank shall provide, in accordance with subsection (b), a brief notice about substitute checks that describes\u2014\n(1) how a substitute check is the legal equivalent of an original check for all purposes, including any provision of any Federal or State law, and for all persons, if the substitute check\u2014\n(A) 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\n(B) bears the legend: \u201cThis is a legal copy of your check. You can use it in the same way you would use the original check.\u201d; and\n(2) the consumer recredit rights established under\nsection 5006 of this title\n(b)\nDistribution\n(1)\nExisting customers\nWith respect to consumers who are customers of a bank on the effective date of this chapter and who receive original checks or substitute checks, a bank shall provide the notice described in subsection (a) to each such consumer no later than the first regularly scheduled communication with the consumer after the effective date of this chapter.\n(2)\nNew account holders\nA bank shall provide the notice described in subsection (a) to each consumer who will receive original checks or substitute checks, other than existing customers referred to in paragraph (1), at the time at which the customer relationship is initiated.\n(3)\nMode of delivery\nA bank may send the notices required by this subsection by United States mail or by any other means through which the consumer has agreed to receive account information.\n(4)\nConsumers who request copies of checks\nNotice shall be provided to each consumer of the bank that requests a copy of a check and receives a substitute check, at the time of the request.\n(c)\nModel language\n(1)\nIn general\nBefore the end of the 9-month period beginning on\nOctober 28, 2003\n(2)\nSafe harbor\n(A)\nIn general\nA bank shall be treated as being in compliance with the requirements of subsection (a) if the bank\u2019s substitute check notice uses a model form or clause published by the Board and such model form or clause accurately describes the bank\u2019s policies and practices.\n(B)\nDeletion or rearrangement\nA bank may delete any information in the model form or clause that is not required by this chapter or rearrange the format.\n(3)\nUse of model language not required\nThis section shall not be construed as requiring any bank to use a model form or clause that the Board prepares under this subsection.","url":"https://projectusc.org/usc/t12/s5011.html","content":[{"t":"sec","id":"/us/usc/t12/s5011","children":[{"t":"num","text":"\u00a7\u202f5011."},{"t":"heading","text":"Consumer awareness"},{"t":"subsec","id":"/us/usc/t12/s5011/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"Each bank shall provide, in accordance with subsection (b), a brief notice about substitute checks that describes\u2014"},{"t":"para","id":"/us/usc/t12/s5011/a/1","children":[{"t":"num","text":"(1)"},{"t":"chapeau","text":" how a substitute check is the legal equivalent of an original check for all purposes, including any provision of any Federal or State law, and for all persons, if the substitute check\u2014"},{"t":"subpara","id":"/us/usc/t12/s5011/a/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s5011/a/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" bears the legend: \u201cThis is a legal copy of your check. You can use it in the same way you would use the original check.\u201d; and","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s5011/a/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" the consumer recredit rights established under ","children":[{"t":"ref","text":"section 5006 of this title","href":"/us/usc/t12/s5006","tail":" when a consumer believes in good faith that a substitute check was not properly charged to the account of the consumer."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t12/s5011/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Distribution"},{"t":"para","id":"/us/usc/t12/s5011/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Existing customers"},{"t":"content","children":[{"t":"p","text":"With respect to consumers who are customers of a bank on the effective date of this chapter and who receive original checks or substitute checks, a bank shall provide the notice described in subsection (a) to each such consumer no later than the first regularly scheduled communication with the consumer after the effective date of this chapter.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s5011/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"New account holders"},{"t":"content","children":[{"t":"p","text":"A bank shall provide the notice described in subsection (a) to each consumer who will receive original checks or substitute checks, other than existing customers referred to in paragraph (1), at the time at which the customer relationship is initiated.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s5011/b/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Mode of delivery"},{"t":"content","children":[{"t":"p","text":"A bank may send the notices required by this subsection by United States mail or by any other means through which the consumer has agreed to receive account information.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s5011/b/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Consumers who request copies of checks"},{"t":"content","children":[{"t":"p","text":"Notice shall be provided to each consumer of the bank that requests a copy of a check and receives a substitute check, at the time of the request.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t12/s5011/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Model language"},{"t":"para","id":"/us/usc/t12/s5011/c/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Before the end of the 9-month period beginning on ","children":[{"t":"text","text":"October 28, 2003","tail":", the Board shall publish model forms and clauses that a bank may use to describe each of the elements required by subsection (a)."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s5011/c/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Safe harbor"},{"t":"subpara","id":"/us/usc/t12/s5011/c/2/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"A bank shall be treated as being in compliance with the requirements of subsection (a) if the bank\u2019s substitute check notice uses a model form or clause published by the Board and such model form or clause accurately describes the bank\u2019s policies and practices.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s5011/c/2/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Deletion or rearrangement"},{"t":"content","children":[{"t":"p","text":"A bank may delete any information in the model form or clause that is not required by this chapter or rearrange the format.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s5011/c/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Use of model language not required"},{"t":"content","children":[{"t":"p","text":"This section shall not be construed as requiring any bank to use a model form or clause that the Board prepares under this subsection.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}