Check 21’s little-known Warranties and Indemnity provision can ameliorate the liabilities associated with the surge in check fraud and check washing. Check 21 governs Remote Deposit Capture (RDC) and Mobile Remote Deposit Capture (mRDC), even though neither existed in 2004 when the original rulings were created. Check 21 intertwines significantly with Holder In Due Course (HIDC), and is crucial in thwarting the effects of “double dipping” with mRDC
- Understand the depth and breadth of Check 21’s Warranties and Indemnity Provision AND Holder In Due Course, for ameliorating liability for check fraud losses.
- Unpack the connection between Check 21 and Holder In Due Course for defending against HIDC claims, including “double dipping” via mRDC.
- Review real-life fraud cases, how the fraud happened, and straightforward, effective strategies for preventing it.