Why Not
Download Checks By Phone Software?

Caution! Do Not Download ...

CheckWriter™ comes on CD ROM and ships to your physical U.S. or Canadian postal address to comply with the Patriot Act, the Bank Secrecy Act/Anti-money Laundering Act, the Bank Securities Act and U.S. Software Export Laws.

Did you know it is illegal to offer check drafting software for sale by download only, in the United States?  If you see websites that offer check drafting software for download, beware. 

According to the provisions of the USA Patriot Act, the stipulations of the Customer Identification Program (CIP)  and the requirements for a Bank Secrecy Act/Anti-money Laundering Compliance Program, software that facilitates payment cannot be made available for download unless the physical address and/or identity of the recipient is identified and verified.

31 CFR 103.121 - Federal regulations requiring the CIP.

In addition, no company may 'export' financial software to certain countries listed on the Commerce Control List, which currently includes Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. http://www.access.gpo.gov/bis/ear/pdf/740.pdf The location and user identity of a download cannot be reasonably determined during an online transaction to comply with this export regulation. All software classified as "payment software" must ship to a physical address to comply with export regulations.

Due Diligence is required as cited in the US Securities Act to determine that the end user is not an individual that is likely to commit fraud, launder money, or fund terrorism.

The Federal Trade Commission (FTC) recently prosecuted Versa Check Brand, owner of Q-Chex software for their use of easy to download payment processing software.

http://www.ftc.gov/opa/2006/10/qchex.shtm

A federal judge ordered "Q-Chex" to cease its current method of online payment processing, which U.S. regulators said facilitated fraud. U.S. District Court for the Southern District of California, alleged that the company's practices violate federal law and successfully obtained an injunction to stop such practices.

Before you buy, you may want to type in the name of the software or publisher into the Better Business Bureau website at http://bbb.org.

The BBB will list any complaints about the company, current and pending government actions, and other facts about how long the company has been in business, and what other services it provides.

Don't get scammed by fly-by-night garage programmers, software pirates operating from a PO BOX, bootlegs, or any check by phone software that is offered for download.

Legitimate merchant software will come on CD or other physical media.  It will be shipped to your business address or credit card billing address. 

 

 

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