§ 5-513. Return of checks for customers with truncated checking accounts

   (a) Definitions. --

   (1) In this section the following words have the meanings indicated.

   (2) "Check" means a draft that is drawn on a banking institution and payable on demand.

   (3) "Check facsimile" means a copy of an original check reproduced through photographic, photostatic, microfilm, microcard, miniature photographic, optical imaging, electronic, digital, magnetic, wireless, electromagnetic, or other process that accurately reproduces or forms a durable medium for reproducing the original check.

   (4) "Draft" has the meaning stated in § 3-104 of the Commercial Law Article.

   (5) "Truncated account" means a checking, negotiable order of withdrawal, or similar deposit account for which the original checks drawn on the account are not returned to the customer on a regular basis.

(b) Return of checks, generally. --

   (1) (i) On request of a customer with a truncated account, a banking institution shall return any check the customer requires for tax audits or litigation or in connection with campaign finance reporting requirements under the Election Law Article, at no cost to the customer.

      (ii) If a banking institution returns check facsimiles instead of original checks to a customer under subparagraph (i) of this paragraph, on request of the customer, the banking institution shall return to the customer, at no additional cost to the customer, check facsimiles of the front and the back of the customer's original checks that are at least the same size as the customer's original checks.

   (2) Subject to the requirements of subsection (c)(1) and (2) of this section, in all other instances, on request of a customer with a truncated account, the banking institution shall return a maximum of 2 checks per month, at no cost to the customer.

   (3) A banking institution required to return a check to a customer under this subsection may return a check facsimile instead of the original check.

(c) Return of check facsimiles. --

   (1) On request of a customer with a truncated account under which the customer does not receive check facsimiles on a regular basis, a banking institution shall return to the customer on a regular basis, at the banking institution's option, either the customer's original checks or check facsimiles of the front of the customer's original checks.

   (2) On request of a customer with a truncated account under which the banking institution returns check facsimiles on a regular basis, a banking institution shall return to the customer on a regular basis, at no additional cost to the customer, check facsimiles of the front of the customer's original checks that are at least the same size as the customer's original checks.

HISTORY: 1982, ch. 883; 2003, ch. 363, § 1.