Frank’s Comments

• Jan 1st, 2011 @ 6:18am

  Re: Re: current Regs are the issue

  on Shouldn't We Fix The Check Clearing Loophole That So Many Scammers Abuse?
  That is certainly not what i said above ...... banks do provide full disclosure ....... what i was describing was this:
  
  read Reg CC section on funds availability:
  
  http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=f71a7c1a2eb297503a09ec b82b4a3909&rgn=div8&view=text&node=12:3.0.1.1.10.2.8.3&idno=12
  
  
  then read the following sections of Reg CC related to timelines and responsabilities for returning checks:
  
  http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=f71a7c1a2eb297503a09ecb82b4a 3909&rgn=div8&view=text&node=12:3.0.1.1.10.3.8.1&idno=12
  
  http://ecfr.gpoaccess.go v/cgi/t/text/text-idx?c=ecfr&sid=f71a7c1a2eb297503a09ecb82b4a3909&rgn=div8&view=text& ;node=12:3.0.1.1.10.3.8.2&idno=12
  
  http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&si d=f71a7c1a2eb297503a09ecb82b4a3909&rgn=div8&view=text&node=12:3.0.1.1.10.3.8.3&idno= 12
  
  
  
  Match up the timelines associated with mandated funds availabilty schedule with the timelines provided by the reg for returning items and you see the issue very clearly.
  
  Could a system be built to clear and validate checks faster? Yes - doesnt sound so difficult ....... but if Reg CC doesn't change it wouldnt close the loophole ......
• Dec 28th, 2010 @ 10:29am

  current Regs are the issue

  on Shouldn't We Fix The Check Clearing Loophole That So Many Scammers Abuse?
  Banks would love to plug this loophole ....... the issue is that current regulations do not provide them with a method to do so while complying with applicable law. Under current regs banks must make funds available more quickly (with some acceptions) than the windows allotted for items to be returned to them. Shortening the windows for returned items or increasing hold times on deposits would effectively plug the loophole - but in each case their may be a group negatively impacted (ie: small banks and CU's might not be able to meet the tighter timelines or consumers + businesses would have to deal with longer hold times on deposits).