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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."

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