Can a consumer make a claim for expedited recredit if they received an image statement with an image of a substitute check?
No. The expedited recredit procedures and indemnity only apply when the consumer actually received the substitute check. Image statements are provided to customers under agreement between the customer and the bank, and errors will be resolved under that agreement. However, regardless of whether the expedited recredit or the indemnity applies, a claim for a breach of warranty may still apply, since the account was charged with a substitute check. Also, the consumer would have all of the rights provided under the Uniform Commercial Code, Regulation CC and other law.
