





 |
- Is taking checks by fax legal?
- What else do I need?
- Can I use a bubble jet printer?
- The MICR fonts aren't working, how
come?
- What do banks think?
- Can companies out side of the U.S.
use this program?
- What if my customer has concerns
about giving out their check information?
1. Is taking checks by fax legal?
Check
demand drafts, or "drafting" funds from a
second party's checking account, have been a method of
payment for more than 8 years, usually in collections.
Telephone checks (pre-authorized paper bank drafts) are
completely legal. The primary requirement is that the
checking account holder (your customer) must give you
verbal or written pre-authorization, such as faxing you
their check. Once you've received pre-authorization, you
really don't even need a signature on the paper-draft,
just as you don't need a signature on a phoned in credit
card order. Paper drafts are explicitly established as a
legal method for payment as provided in: Uniform
Commercial Code, Title 1, Section 1-201 [39] and Title 3,
Sections 3-104, 3-403, 2-403 Code of Federal Regulations,
Title 12 Chapter II, Part 210 Regulation J, Federal
Reserve Bank, Part 2, Sections 4a-201 to 4a-212 Also see
Romani v. Harris, 255 Md. 389. The Federal Trade
Commission in late 1995 proposed rules that became law in
January 1996 (Regulation 16CFR Part 310) that requires
businesses who take checks over the phone to have a
"verification" procedure in place. This could
include receiving written authorization by mail or fax,
recording the "authorization" phone call with
customers permission, and/or sending out written notice
to customer prior to depositing paper draft. This notice
only needs to be in the mail prior to making deposit. The
3 part check paper you use with Quick Pay Office Pro
provides this important notice that fits into a standard
#9 or #10 window envelope. Or you can just include it
with the product you ship provided you don't deposit the
paper draft prior to actual shipping. Both you and your
customer are now protected by requiring ALL users of such
a payment system to have a "verification of
authorization" procedure.
2. What
else do I need to accept and print checks by fax?
All you need
in addition to this software is blank check paper (Safety
Paper). For most laser printers, no special toner is
required. The magnetic content of the toner in most laser
printers is sufficient. (In rare cases, a special MICR
toner is required.) This is available from your toner
supplier.
3. Can
I use a bubble jet printer?
Many users
use Bubble Jet Printers or Ink Jet Printers to print
checks with no problems. Most banks have gone to optical
scaning which requires no special toner. Our compay uses
a Cannon Bubble Jet Printer and our business banking is
done with Wells Fargo, and we have never had any problems
processing the drafts created with this software. There
are many areas that are still requiring magnetic scanning,
and this is where the problem lies. The best thing to do
is call your bank and ask if they use optical scaning.
4. The MICR fonts aren't working, how
come?
If you
experience problems with your MICR Fonts:
Missing Fonts or when printing checks the letter C an A
are printed instead of the MICR Font:
1. Refer to help item #1
5. What
do banks think?
Since paper
drafts are perfectly legal your bank must accept your
deposit. The only problem that may arise is if you are
not using the magnetic toner with a lazer printer. The
best way to find out is print out a check to yourself on
the proper security check paper needed and deposit it.
Sit back and watch it go through! You actually don't even
need to use security paper, but the banks do get a little
more fussy about that kind of thing.
6. Can companies out side of the U.S.
use this program?
At the
present time most countries do not have banking
guidelines in place for the processing of bankdrafts. We
recommend using this program for processing checks for
banks in the USA and possessions only.
7.What if my customer has concerns
about giving out their check information?
Explain that
you would have the same information if they mailed you a
check. Taking checks electronically is really no
different than accepting a credit card over the phone. No
signature is required for a phone in credit card order,
the customer knows he will only be charged for what he
has ordered or the business that takes the order would be
breaking the law. The same theory applies to bankdrafts,
the business can only legally create a draft for the
amount that has been authorized by the customer. As more
and more people find out about checks by phone, fax or
online order and use it the more it will be accepted.
Once the public gets over the uniqueness of the product,
they will find it really makes a whole lot of sense.
|