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62<br />
CoverStory<br />
"So that's the real opportunity here for any sales organizations," he said.<br />
Danne Buchanan, Chief Executive Officer <strong>of</strong> NetDeposit Inc., believes many<br />
banks haven't aggressively marketed RDC to small and mid-sized businesses.<br />
He also noted that banks <strong>of</strong>fering RDC products require merchants to open up<br />
new – or move existing – relationships, which is a lot <strong>of</strong> work for small business<br />
owners.<br />
"One <strong>of</strong> the biggest opportunities for an ISO over a bank is that an ISO doesn't<br />
require merchants to change their bank relationship, which is very meaningful<br />
in terms <strong>of</strong> selling a product," Buchanan said. "I expect ISOs and MLSs to get<br />
pretty aggressive in the marketplace over the next year once they get their feet<br />
wet and learn the market."<br />
Alphabet soup legalese<br />
RDC products and services are evolving and improving rapidly to maintain<br />
consumer confidence and meet security standards that are critical for successful<br />
end-to-end transactions.<br />
<strong>The</strong>re are different sets <strong>of</strong> security standards and regulations in terms <strong>of</strong> the<br />
physical capture and deposit <strong>of</strong> checks as electronic images. "<strong>The</strong>re's a whole<br />
bunch <strong>of</strong> rules behind electronic check payments," Ficarra said.<br />
Check payments are governed by the Uniform Commercial Code (UCC),<br />
Articles 3 and 4a, a uniform set <strong>of</strong> laws adopted state-by-state that regulate<br />
electronic check imaging. Electronic payments like ACH, credit, debit<br />
and electronic benefits transfer are<br />
federally mandated under Part 205,<br />
Regulation E <strong>of</strong> the Electronic Funds<br />
Transfer (EFT) Act <strong>of</strong> 1978.<br />
<strong>The</strong> most important difference<br />
between the UCC and Regulation<br />
E is in the time a consumer has to<br />
contest a transaction: 45 days under<br />
UCC and 60 days under Regulation<br />
E. Allowing time for posting and<br />
statement <strong>issue</strong>s, under Regulation<br />
E, consumers could have up to 80<br />
days to contest transactions. And<br />
federal law trumps state law, so<br />
when a check is converted for ACH<br />
processing, it is no longer a check,<br />
but an EFT transaction.<br />
<strong>The</strong>refore, if a company authorizes<br />
and converts a check to an ACH<br />
item, it owns that risk for 80 days.<br />
However, it can reduce the risk<br />
to 45 days if it simply scans the check<br />
and clears it through the Federal<br />
Reserve's electronic check clearing<br />
services. Most checks today clear just<br />
as fast, if not faster, than ACH items.<br />
And the risk is smaller because check<br />
images are scanned front and back.<br />
Many companies today <strong>of</strong>fer RDC<br />
products that take advantage <strong>of</strong> both<br />
sets <strong>of</strong> rules.<br />
After merchants swipe checks<br />
through readers, processors can<br />
decide whether to clear them as<br />
Regulation E items or as electronic<br />
checks.<br />
Ever-changing landscape<br />
"[RDC] is still a newer product in the<br />
technology curve, but it's certainly<br />
gotten a lot <strong>of</strong> traction quickly,"<br />
said Steve Buchberger, Senior Vice<br />
President, Solutions Management<br />
for Wausau Financial Systems.<br />
"We're just now seeing more interest<br />
from FIs in the small business<br />
market.<br />
<strong>The</strong> solutions have matured in capabilities<br />
as well as ease <strong>of</strong> deployment<br />
with Web-based solutions, which I<br />
think is critical for an ISO market."