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ARC
Notification & Statement Language
NACHA:
Notification Language
The ARC application requires the Originator to provide notice to the
consumer, prior to the receipt of his check, that receipt of his check
will be authorization for the check to be used as a source document for an
ACH debit transaction to the consumer’s account at his financial
institution. The provision of
the notice by the Originator to the consumer and the receipt of the source
document by the Originator together constitute authorization of the ARC
entry.
Sample Notice for ARC Entries
By sending your check, please be aware that you are authorizing [ABC
Company] to use information on your check to make a one-time electronic
debit from your account at the financial institution indicated on your
check. This electronic debit
will be for the amount of your check; no additional amount will be added
to the amount. [If we cannot
collect your electronic payment, we will issue a draft against your
account.]1
[If
you do not have sufficient funds in your account, a fee of $ will be
debited electronically from your account.]2
Please contact the Billing Department at [(555)123-4567] to
learn about other payment options if you prefer not to have your check
used in this way.
1 If the Originator is not able to
collect the amount owed within the ACH Network, and chooses to collect the
amount owed through another payment mechanism, they should consult with
their legal counsel for any language requirements for any state or federal
laws.
2 To collect additional
fees or service charges through the ACH Network, and Originator must
follow the authorization requirements within the NACHA Operating Rules but
must also include language in the notice to be compliant with Regulation
E.
Guide to Implementing an
Accounts Receivable Entry Program
Chapter Five: Sample Notice
NACHA – The Electronic Payments Association
2002
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American Express:
Payments: Payments received
after 12:00 noon or on weekends or holidays may not be credited until the
next business day. Payments
must be in US Dollars and drawn on a bank located in the US. Unless you
are paying by computer or by phone, please submit your payment in the
enclosed envelope with the payment coupon and the account number indicated
on the check. Please do not
send post-dated checks. They
will be deposited upon receipt. If
payment is made in any other form or at any other location, there may be a
delay in processing. We
reserve the right to process checks electronically, at first presentment
and any re-presentments, by transmitting the amount of the check, routing
number, account number and check serial number to your financial
institution. Your checking
account may be debited as soon as the same day we receive your payment.
If we cannot collect the funds electronically at first presentment,
we may issue a draft against your account for the amount of the check.
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Alltel Corporation:
“Important Information for Customer Paying by Check”
ALLTEL may convert your
payments by check to an electronic Automated Clearinghouse (ACH) debit
transaction.
The debit transaction will appear on
your bank statement, although your check will not be presented to your
financial institution or returned to you.
This ACH debit transaction will not enroll you in any ALLTEL
automatic debit process and will only occur each time a check is received.
Any re-submissions due to insufficient funds may also occur
electronically.
Please be aware that all checking
transactions will remain secure, and payment by check constitutes
acceptance of these terms.
We value your business and appreciate
your selecting ALLTEL as your telecommunications provider.
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Chevron:
Paying Your Bill:
You agree to make all
payments by check or money order to us at the “send payment to”
address specified on the front of the statement (“Payment Address”) in
U.S. Dollars payable through a U.S. financial institution.
Any payments received after 12:00 p.m. Pacific Time on any day from
Monday to Friday excluding holidays (“Business Day”) will be credited
on the next Business Day. Unless
you incur or, but for a prohibition under applicable law would have
incurred a nonconforming payment fee, credit to you account may be delayed
up to five days, or any shorter period permitted by applicable law, if
payment is (a) not received at the Payment Address or (b) not accompanied
by the Payment coupon portion of the statement.
Delayed crediting may cause you to incur a Late Fee or additional
Finance Charges. Subject to
any limitations of applicable law, we have the right to apply payments to
you account at our sole discretion.
If we do not receive an
amount at least equal to your Minimum Payment Due less unpaid fees by the
Payment due date show on the statement, we may charge you a Late Fee in
the range of $0 - $15 each time you fail to pay at least the Minimum
Payment Due, less unpaid late fees, by the Payment due date, if the
Minimum Payment Due is less than the New Balance. The
actual fee will be based on our ongoing credit evaluation, which factors
include but are not limited to outstanding balance, time Account has been
open, and credit score. We
may charge you an overlimit fee in the range of $0 - $10 during any period
in which your New Balance exceeds your Credit Line.
The actual fee will be based on our ongoing credit evaluation,
which factors include but are not limited to outstanding balance, time
Account has been open, and credit score.
We can accept late or partial payments, as well as payments that
are marked “paid in full” or with other restrictive endorsements,
without losing any or our rights under the Retail Installment Credit
Agreement (“Agreement”). All
written communications concerning disputed amounts, including any check or
other payment instrument that (a) indicates that the payment constitutes
“payment in full” or is otherwise tendered as full satisfaction of a
disputed amount or (b) is tendered with other conditions or limitations,
must be mailed or delivered to us at the address for billing inquires
shown on the statement, not your Payment Address.
This is an attempt to collect a debit and any information obtained
will be used for that purpose.
When your payment is made
to us in the form of a personal check, you authorized us to process the
check electronically without prior notice to you.
In addition, if your personal check is processed by us
non-electronically and is returned to us for insufficient funds or is
dishonored for any reason, we may re-present the returned check
electronically. Electronically
processed checks (and checks re-presented electronically) are not returned
to you by your bank or other financial institution.
We retain an image of your electronically processed check to the
extent required by applicable law. If
we have a copy of you electronically processed check(s), we will provide
you with a copy upon request.
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Sears:
Your Payments
You agree to repay all amount owed on
the Account and to make all payments in Proper Form.
A payment is in Proper Form if it is (a) made in U.S. dollars drawn
on a federally insured depository financial institution located in the
U.S. or Puerto Rico, (b) sent to the processing address specified on you
Account Statement, and (c) accompanied by the remittance portion of your
Account Statement. We may at
our discretion accept payments drawn on funds on deposit outside the
United States and Puerto Rico. If
we do, we will select the effective currency conversion rate at our
discretion and credit your Account in U.S. dollars after deducting any
fees or costs incurred in connection with processing your payment.
Payments received in Proper Form received by us by 1:00 p.m. local
time, on a business day, will be credited as of the day of receipt. Payments in Proper Form received after that time will instead
be considered to have been received as of the next business day.
Generally, we will process your check through an automated imaging
process that will result in your original check not being returned to your
bank. Our business days are
Monday through Friday, excluding federal holidays.
Crediting to you Account may be delayed up to five days if the
payment is not in Proper Form, including if it is received at any location
other than the processing address specified on you Account Statement
(including payments made at Sears stores, made by electronic processes or
online).
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First Premier Bank:
Electronic Check Presentment: First PREMIER Bank processes payments using the Automated
Clearing House (ACH). Each
payment received by personal check is authorization for First PREMIER Bank
to electronically present the payment to the financial institution on
which the check is drawn. First
PREMIER Bank will store each original check securely for 14 days and a
copy of the check will me maintained for seven years.
First PREMIER Bank agrees to accept your checking account statement
as proof of payment. The
description on you checking account statement will read:
PREMIER CR CARD CHECKPAYMT, Serial Number of the Check, Amount of
the Payment and Date of Transaction.
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AT&T:
Paying by check authorizes AT&T to send the information from your
check electronically to your bank for payment. Your account will be
debited in the amount of your check and the transaction will appear on
your bank statement. Your original check will be destroyed once processed,
and you will not receive your cancelled check back. If we cannot post the
transaction electronically, you authorize us to present an image copy of
your check for payment. If you have further questions regarding this
process please call 800-201-2367. If
you do not wish to participate in AT&T's check conversion program
please contact your customer service number on your bill.
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Citibank:
When
you pay your bill by check, you authorize us to electronically process
your payment. If your check is processed electronically, your checking
account may be debited on the same day we receive the check and it will
not be returned with your checking account statement. If someone other
than you or a bill paying service pays your bill, you must give a copy of
this notice to them before the payment is sent to us.
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Capital One:
The Capital One statement is located just under the account activity
records (charges and credits by date) and states:
"When
you send us a check, you authorize us to make a one-time electronic fund
transfer debit from your bank account.
The transfer will be for the amount of the check.
You agree that if a third party submits a check for your account,
that individual is your agent and was provided with these disclosures.
If we cannot process the transfer, you authorize us to make a
charge against your bank account using a paper draft."
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Wells Fargo:
Payments
Mail your payments to the payment
address specified on the statement. Use
the enclosed envelope. Payments
received by 5:00 p.m. on any business day will be credited as of the date
of receipt. Payments received
after 5:00 p.m. or on non-business days will be credited as of the next
business day. Please note
that Saturdays, Sundays, and federal holidays are considered non-business
days. Payments made at other locations may not be credited for up
to five days. When you send
in a check to make your payment, Wells Fargo may clear the check
electronically. Receipt of
your check at the address listed on your payment coupon will authorize us
to process your payment as an electronic debit to the checking account on
which the check was written.
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Water Department
– City of Southlake, Texas:
If your check is returned NSF it may be
re-presented electronically and you will be assessed a processing fee of
$20 - $30 or the maximum amount allowed by law.
The check writer is also responsible for all other recovery cost,
including all attorney’s fees, court cost and taxes.
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Household:
Statement
message that was provided prior to including notification on back of
statement:
By
sending us a check in payment on your Account, you authorize us to
initiate
an electronic funds transfer from your bank account according to
the
terms of the check. This
means that your check will be converted to an
electronic
transaction and your original check will not be returned to you
by
your bank. Your original
check will be destroyed. Please
note that
your
checking account may be debited the same day we receive your check.
Back
of Statement:
*About
your Payment:
You
must pay at least the Current Payment Due in time to be credited to your
Account by the Payment Due Date, and failure to do so constitutes a
default of this Agreement. If
you do not pay at least the Minimum Payment and any amount past due in
time to be credited to your Account by the Payment Due Date, you may be
assessed a late fee. Your
Payment Due Date is 25 days after your Statement Date (NearPrime:
Your Payment Due Date will be determined by us but will be at least 20
days after your Statement Date). You
must pay any over limit or past due amount immediately. You may pay all or part of your New Balance at any time.
Payments
should be mailed with a single coupon to the payment address shown on the
front of your statement. Payments
must be made by a single check or money order payable in U.S. dollars and
drawn on a U.S. Institution. Payments
received at the payment address by 1:00 p.m. on any day, excluding
Christmas day and New Year’s day (called “processing days”), will be
credited as of the date of receipt; otherwise payment will be credited the
next processing day. Crediting payments to your Account may be delayed up to five
days if the payment is not made as described above; is not received at the
address provided for remittance; is not accompanied by the payment coupon;
is received in an envelope other than the envelope provided for
remittance; is stapled, folded, or paper clipped; or includes multiple
payment coupons or checks. By sending us a check for payment on your Account, you authorize us to
initiate an electronic funds transfer from your bank account according to
the terms of the check.
If your
New Balance is a credit balance, it will be applied to future purchases or
cash advances, or refunded to you at your written request.
Requests should be mailed to the inquiry address shown on the front
of your statement.
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