---
kind: "section"
citation: "12 U.S.C. § 5011"
title: "12"
title_heading: "Banks and Banking"
number: "5011"
heading: "Consumer awareness"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/12/5011"
units:
  - "Chapter 50 — Check Truncation"
---

# §5011. Consumer awareness

- (a) **In general—** Each [bank](/usc/12/5002.md?p=2) shall provide, in accordance with [subsection (b)](#b), a brief notice about [substitute checks](/usc/12/5002.md?p=16) that describes—
  - (1) how a [substitute check](/usc/12/5002.md?p=16) is the legal equivalent of an original [check](/usc/12/5002.md?p=6) for all purposes, including any provision of any Federal or [State](/usc/12/5002.md?p=17) law, and for all [persons](/usc/12/5002.md?p=14), if the [substitute check](/usc/12/5002.md?p=16)—
    - (A) accurately represents all of the information on the front and back of the original [check](/usc/12/5002.md?p=6) as of the time at which the original [check](/usc/12/5002.md?p=6) was truncated; and
    - (B) bears the legend: “This is a legal copy of your [check](/usc/12/5002.md?p=6). You can use it in the same way you would use the original [check](/usc/12/5002.md?p=6).”; and
  - (2) the [consumer](/usc/12/5002.md?p=7) recredit rights established under [section 5006 of this title](/usc/12/5006.md) when a [consumer](/usc/12/5002.md?p=7) believes in good faith that a [substitute check](/usc/12/5002.md?p=16) was not properly charged to the [account](/usc/12/5002.md?p=1) of the [consumer](/usc/12/5002.md?p=7).
- (b) **Distribution—**
  - (1) **Existing customers—** With respect to [consumers](/usc/12/5002.md?p=7) who are [customers](/usc/12/5002.md?p=9) of a [bank](/usc/12/5002.md?p=2) on the effective date of this chapter and who receive original [checks](/usc/12/5002.md?p=6) or [substitute checks](/usc/12/5002.md?p=16), a [bank](/usc/12/5002.md?p=2) shall provide the notice described in [subsection (a)](#a) to each such [consumer](/usc/12/5002.md?p=7) no later than the first regularly scheduled communication with the [consumer](/usc/12/5002.md?p=7) after the effective date of this chapter.
  - (2) **New account holders—** A [bank](/usc/12/5002.md?p=2) shall provide the notice described in [subsection (a)](#a) to each [consumer](/usc/12/5002.md?p=7) who will receive original [checks](/usc/12/5002.md?p=6) or [substitute checks](/usc/12/5002.md?p=16), other than existing [customers](/usc/12/5002.md?p=9) referred to in [paragraph (1)](#b-1), at the time at which the [customer](/usc/12/5002.md?p=9) relationship is initiated.
  - (3) **Mode of delivery—** A [bank](/usc/12/5002.md?p=2) may send the notices required by this subsection by United States mail or by any other means through which the [consumer](/usc/12/5002.md?p=7) has agreed to receive [account](/usc/12/5002.md?p=1) information.
  - (4) **Consumers who request copies of checks—** Notice shall be provided to each [consumer](/usc/12/5002.md?p=7) of the [bank](/usc/12/5002.md?p=2) that requests a copy of a [check](/usc/12/5002.md?p=6) and receives a [substitute check](/usc/12/5002.md?p=16), at the time of the request.
- (c) **Model language—**
  - (1) **In general—** Before the end of the 9-month period beginning on October 28, 2003, the [Board](/usc/12/5002.md?p=4) shall publish model forms and clauses that a [bank](/usc/12/5002.md?p=2) may use to describe each of the elements required by [subsection (a)](#a).
  - (2) **Safe harbor—**
    - (A) **In general—** A [bank](/usc/12/5002.md?p=2) shall be treated as being in compliance with the requirements of [subsection (a)](#a) if the [bank](/usc/12/5002.md?p=2)’s [substitute check](/usc/12/5002.md?p=16) notice uses a model form or clause published by the [Board](/usc/12/5002.md?p=4) and such model form or clause accurately describes the [bank](/usc/12/5002.md?p=2)’s policies and practices.
    - (B) **Deletion or rearrangement—** A [bank](/usc/12/5002.md?p=2) may delete any information in the model form or clause that is not required by this chapter or rearrange the format.
  - (3) **Use of model language not required—** This section shall not be construed as requiring any [bank](/usc/12/5002.md?p=2) to use a model form or clause that the [Board](/usc/12/5002.md?p=4) prepares under this subsection.

## Source credit

(Pub. L. 108–100, § 12, Oct. 28, 2003, 117 Stat. 1189.)

## Notes

### Editorial Notes

### References in Text

The effective date of this chapter, referred to in subsec. (b)(1), is at the end of the 12-month period beginning on Oct. 28, 2003, except as otherwise specifically provided in this chapter, see section 20 of Pub. L. 108–100, set out as an Effective Date note under section 5001 of this title.

This chapter, referred to in subsec. (c)(2)(B), was in the original “this Act”, meaning Pub. L. 108–100, Oct. 28, 2003, 117 Stat. 1177, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5001 of this title and Tables.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective at the end of the 12-month period beginning on Oct. 28, 2003, see section 20 of Pub. L. 108–100, set out as a note under section 5001 of this title.