Copy of Check to Scan for Remote Deposit Capture

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Question:

Is it legal for a customer of a bank to use a copy of a check (not the original because they never actually have it) to scan for Remote Deposit Capture? For example: Customer has their client send a copy of the orginal check to them with the proper endorsement on the back. This could be via an email attachment. Customer scans the check copy, front and back, into the RDC program for deposit into their account. Customer never actually receives the original check but now has credit for it.

Answer:

It's not illegal unless there's fraud involved. There are a number of vendors who provide "email checks" and a "home-grown" version of such a check might be an image (pdf file, perhaps?) of a check attached to an email. There are so many other ways to send money electronically (Venmo, G-Pay, and others) that using a check image seems "old school" even if it's electronic.
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