Dissecting Account Liability Issues

Recorded February 27, 2019   |   With Mary Beth Guard

Dissecting Account Liability Issues

With Mary Beth Guard
  • 1 Video
  • 1 Multimedia
  • 4 PDFs
  • 2.0 hrs
Course description

There’s a problem with your customer’s deposit account.  A wire transfer that went wrong.  An unauthorized ACH debit to a business account.  A check encoding error.  A duplicate presentment.  A scammy  remotely created check.  A lost payroll card.  Where do you begin to untangle the complex web of statutes, regulations, and contractual provisions that may provide answers to what your customer’s rights are, what duties you have, how quickly each party must act and who ultimately bears the loss?  It’s not as simple as it once was.  This webinar will help you understand how to analyze different payment methods and problems to discern what authority controls so you can act properly to resolve the matter and protect the bank against unnecessary losses.

Who sucks up the loss?

That’s always what it comes down to – the bottom line of who eats the loss from a problem with a customer’s account.  When it comes to resolving issues with deposit accounts, step one involves figuring out what law or reg or contract provision will govern the rights and liabilities of the parties.  Step one can be a steep step to climb.  While it may sound simple, these days we have a cornucopia of transaction types and potential corresponding errors and issues.  Multiple payment channels now mean multiple sets of laws, regulations and rules. Each new payment system has created its own potential for errors, and now a single customer transaction can cause multiple opportunities for slip-ups across multiple channels. 


Wouldn't it be nice to get things all sorted out, so that you can figure out who's responsible for a mistake without guesswork and hours of research?

During this webinar, Mary Beth will discuss UCC Articles 3, 4, 4A, common contractual provisions, what’s different about business accounts, electronic check conversions, endorsement problems, forgeries and counterfeits (including counterfeit cash), remotely created checks, encoding errors, substitute check problems, access device issues, and many other issues that can affect deposit accounts.

This webinar will not include detailed analyses of errors and error-resolution procedures. Rather, it will provide you with the information you need to recognize errors, understand the customer's responsibilities for timely notice or claim, and know which rules apply to place liability for the errors where it belongs. 


Course Curriculum

Dissecting Account Liability Issues
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Attendance Sheet
Manual - Dissecting Account Liability Issues
Slides - Dissecting Account Liability Issues
Follow-up Q & A
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Mary Beth Guard
Mary Beth Guard

Mary Beth Guard is a seasoned banking attorney who is one of the four co-founders of BankersOnline.com  and its original Executive Editor.  She is now Editor Emeritus of the site.   She was instrumental in the creation and expansion of BankersOnline, as well as the launch more than a decade ago of BOL Conferences, Inc. and its continued operation and growth.  Mary Beth also serves as CEO of Glia Group, Inc., which produces BOL Learning Connect training for the banking industry. For nearly four decades, Mary Beth has utilized her background as an attorney to focus on banking industry issues, first as general counsel for the Oklahoma State Banking Department, then as general counsel for the Oklahoma Bankers Association, prior to her work with BankersOnline.

Mary Beth has presented training programs for virtually every major national financial industry association, more than a dozen state bankers associations and a host of other organizations, including various graduate schools of banking. She is a frequent presenter of webinars and seminars. In addition, Mary Beth has written more than a thousand banking-related articles and is BOL Guru #1.