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Faxed
or "Virtual Checks"
100% Legal Per The Federal Reserve
Checks
created by any other than the checking account holder are called "paper
drafts". Telephone checks (pre-authorized paper bank drafts) are also
completely legal. Check demand drafts, or "drafting" funds from a second
party's checking account, have been a method of payment for more
than 8 years, usually in collections.
The
primary requirement is that the checking account holder (the customer)
must give a verbal or written pre-authorization, such as faxing
their check with his or her signature, or digitally uploading it with
a statement of authorization. Once the pre-authorization
is received, the signature on the paper-draft isn't a requirement, just
as you don't need a signature on a phoned in credit card order.
Paper
drafts are explicitly established as a legal method for payment as provided
in: Uniform Commercial Code, Title 1, Section
1-201 [39] and Title 3, Sections 3-104, 3-403, 2-403 Code of Federal Regulations,
Title 12 Chapter II, Part 210 Regulation J, Federal Reserve Bank, Part
2, Sections 4a-201 to 4a-212. Also see Romani v. Harris,
255 Md. 389.
If your bank has any questions, refer to
the Uniform Commercial Codes referenced above.
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