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Today I walked in and presented a student loan check drawn on PNC bank for less than $10,000. They required 2 forms of ID, which I provided, and then pulled out the cash. It took them a long time to handle my ID, and I suppose they were filling out a SARS or something. Anyhow, they had the cash in front of me, and then the teller told me that I needed to pay $10 in order for them to cash my check. I am not a PNC customer, and I don't want to pay $10. I asked for a waiver, and they refused.

Do I have any recourse?

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I'm surprised they were willing to cash a $10,000 check for a non-customer at all, never mind the fee. Especially a stud... (more)

barbcole (Jun. 12, 2011 @ 2:23p) |

While I agree that there is a cost involved in doing the transaction, I think the bank should be recovering that cost fr... (more)

marabout (Jun. 12, 2011 @ 2:57p) |

They do. Customer is able to pay using certified check or cashier's check.
It seems what the person got was a check issue... (more)

EvilCapitalist (Jun. 12, 2011 @ 3:04p) |

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Huh? How do stretch the title to say they refused to honor your check when they clearly WERE ready to honor the check so long as you pay the check cashing fee?

Either deposit it in your own bank, or stop complaining

And enough with the big drama filled title that isn't even accurate.

*Shake my head*

I didn't think a bank could charge you for cashing a check drawn on that bank can they?

What recourse do you expect??????

bgriffin said:   I didn't think a bank could charge you for cashing a check drawn on that bank can they?
If you're a noncustomer, they can

denbo32 said:   What recourse do you expect??????
He wants to send them a validation letter and collect $1000 damages...,
Oops this isn't creditboards.

Or is it??

I get a "non-customer" asking to clear a standard check and incurring a fee, but when that non-customer brings in that bank's own check, seems unethical (I know banks and ethics mix like oil and water) to charge someone a fee to cash THEIR OWN CHECK. A fee should be for an inconvenience or a taken on risk on the banks part, not honoring their own paper transaction. My two cents anyway.

I agree mrmartin. If it were me, I'd open a free checking account, then I'd walk over to the teller and cash the check, and then I'd walk right back to the banker and close the account.

mrmartin86 said:   I get a "non-customer" asking to clear a standard check and incurring a fee, but when that non-customer brings in that bank's own check, seems unethical (I know banks and ethics mix like oil and water) to charge someone a fee to cash THEIR OWN CHECK. A fee should be for an inconvenience or a taken on risk on the banks part, not honoring their own paper transaction. My two cents anyway.
You don't see the risk that this stranger walking in presents to the bank? They don't know who this person is, don't know if he just made a fake I'D on his computer, they don't have his ssn, hacent run a credit check, don't have access to funds in his other accounts since they aren't held at that bank , etc etc

A customer of the bank is much les risk since they can see his account history , have run his credit , know how much is in his other accounts , etc.

bgriffin said:   I didn't think a bank could charge you for cashing a check drawn on that bank can they?

Unless the bank has some agreement with it's customers that non-customers can bring that bank's checks in and get them cashed for free, why wouldn't they be able to charge a non-customer? There is no contract between the non-customer and the bank. The bank can pretty much require whatever they want to cash a check.

SUCKISSTAPLES said:   mrmartin86 said:   I get a "non-customer" asking to clear a standard check and incurring a fee, but when that non-customer brings in that bank's own check, seems unethical (I know banks and ethics mix like oil and water) to charge someone a fee to cash THEIR OWN CHECK. A fee should be for an inconvenience or a taken on risk on the banks part, not honoring their own paper transaction. My two cents anyway.
You don't see the risk that this stranger walking in presents to the bank? They don't know who this person is, don't know if he just made a fake I'D on his computer, they don't have his ssn, hacent run a credit check, don't have access to funds in his other accounts since they aren't held at that bank , etc etc

A customer of the bank is much les risk since they can see his account history , have run his credit , know how much is in his other accounts , etc.


I'm not seeing a risk to the bank... The check is written against funds in their possession so they can easily check if it is there. And if they have reason to question to legitmacy of the check, they have the account holders information so they can reach out and verify. But if that is what they need to do... they should delay the pay out... not charge him $10 to offset risk... that's just silly.

That being said, still a ridiculous title OP.

Sunderware said:   SUCKISSTAPLES said:   mrmartin86 said:   I get a "non-customer" asking to clear a standard check and incurring a fee, but when that non-customer brings in that bank's own check, seems unethical (I know banks and ethics mix like oil and water) to charge someone a fee to cash THEIR OWN CHECK. A fee should be for an inconvenience or a taken on risk on the banks part, not honoring their own paper transaction. My two cents anyway.
You don't see the risk that this stranger walking in presents to the bank? They don't know who this person is, don't know if he just made a fake I'D on his computer, they don't have his ssn, hacent run a credit check, don't have access to funds in his other accounts since they aren't held at that bank , etc etc

A customer of the bank is much les risk since they can see his account history , have run his credit , know how much is in his other accounts , etc.


I'm not seeing a risk to the bank... The check is written against funds in their possession so they can easily check if it is there. And if they have reason to question to legitmacy of the check, they have the account holders information so they can reach out and verify. But if that is what they need to do... they should delay the pay out... not charge him $10 to offset risk... that's just silly.

That being said, still a ridiculous title OP.


Part of the $10 is to offset risk, another part is the cost of dealing with a non-customer. If you stand there for 15 minutes taking up the teller's time, that already cost the bank $4 (not really, but you get what I'm saying) and you aren't a customer giving any money to the bank.

Also, what if I write a check to you, and then you get robbed. Someone else takes the check in to the bank, they call me and ask me if I wrote that check to you. I say yes, they give the money to the guy that mugged you, then you come back wanting the money. I file a fraud report with the bank, the bank loses the money.

jetsfan92588 said:   Sunderware said:   SUCKISSTAPLES said:   mrmartin86 said:   I get a "non-customer" asking to clear a standard check and incurring a fee, but when that non-customer brings in that bank's own check, seems unethical (I know banks and ethics mix like oil and water) to charge someone a fee to cash THEIR OWN CHECK. A fee should be for an inconvenience or a taken on risk on the banks part, not honoring their own paper transaction. My two cents anyway.
You don't see the risk that this stranger walking in presents to the bank? They don't know who this person is, don't know if he just made a fake I'D on his computer, they don't have his ssn, hacent run a credit check, don't have access to funds in his other accounts since they aren't held at that bank , etc etc

A customer of the bank is much les risk since they can see his account history , have run his credit , know how much is in his other accounts , etc.


I'm not seeing a risk to the bank... The check is written against funds in their possession so they can easily check if it is there. And if they have reason to question to legitmacy of the check, they have the account holders information so they can reach out and verify. But if that is what they need to do... they should delay the pay out... not charge him $10 to offset risk... that's just silly.

That being said, still a ridiculous title OP.


Part of the $10 is to offset risk, another part is the cost of dealing with a non-customer. If you stand there for 15 minutes taking up the teller's time, that already cost the bank $4 (not really, but you get what I'm saying) and you aren't a customer giving any money to the bank.

Also, what if I write a check to you, and then you get robbed. Someone else takes the check in to the bank, they call me and ask me if I wrote that check to you. I say yes, they give the money to the guy that mugged you, then you come back wanting the money. I file a fraud report with the bank, the bank loses the money.


That is an extreme and ridiculous scenario. I might as well pose a continuous...

"What if that mugger was a PNC customer? Then they still cashed his check without a fee, even though they ran the risk that the check didn't belong to him."

I know there are holes in that (I was just being condescending), I'm just trying to explain that there is risk no matter how you mitigate it. It is a questionable practice though because the risk that the fee should be largely associated to is whether or not it is a valid check as to whether the funds exist in that account. Being THEIR check, they can check that instantly, and if a person has what seems to be valid ID, should be cashed without a fee. Fee or no fee, fake IDs are a crime, something $10 is not going to solve.

mrmartin86 said:   jetsfan92588 said:   Sunderware said:   SUCKISSTAPLES said:   mrmartin86 said:   I get a "non-customer" asking to clear a standard check and incurring a fee, but when that non-customer brings in that bank's own check, seems unethical (I know banks and ethics mix like oil and water) to charge someone a fee to cash THEIR OWN CHECK. A fee should be for an inconvenience or a taken on risk on the banks part, not honoring their own paper transaction. My two cents anyway.
You don't see the risk that this stranger walking in presents to the bank? They don't know who this person is, don't know if he just made a fake I'D on his computer, they don't have his ssn, hacent run a credit check, don't have access to funds in his other accounts since they aren't held at that bank , etc etc

A customer of the bank is much les risk since they can see his account history , have run his credit , know how much is in his other accounts , etc.


I'm not seeing a risk to the bank... The check is written against funds in their possession so they can easily check if it is there. And if they have reason to question to legitmacy of the check, they have the account holders information so they can reach out and verify. But if that is what they need to do... they should delay the pay out... not charge him $10 to offset risk... that's just silly.

That being said, still a ridiculous title OP.


Part of the $10 is to offset risk, another part is the cost of dealing with a non-customer. If you stand there for 15 minutes taking up the teller's time, that already cost the bank $4 (not really, but you get what I'm saying) and you aren't a customer giving any money to the bank.

Also, what if I write a check to you, and then you get robbed. Someone else takes the check in to the bank, they call me and ask me if I wrote that check to you. I say yes, they give the money to the guy that mugged you, then you come back wanting the money. I file a fraud report with the bank, the bank loses the money.


That is an extreme scenario. I might as well continue it...

"What if that mugger was a PNC customer? Then they still cashed his check without a fee, even though there ran the risk that the check didn't belong to him."

I know there are holes to that I'm just saying, there is risk no matter how you mitigate it. It is a questionable practice though because the risk that the fee should be largely associated to is whether or not it is a valid check as to whether the funds exist in that account. Being THEIR check, they can check that instantly, and if a person has what seems to be valid ID, should be cashed without a fee. Fee or no fee, fake IDs are a crime, something $10 is not going to solve.


Lol, well if the mugger was a PNC customer, then they would know who the mugger was when the fraud report was filed... That reminds me of the guy who thought it would be too heavy to carry cash out when he robbed the bank so he just had the bank transfer the money to his account.

Anyway, I don't know what the risk is because I don't work at a bank. But, I imagine some of the fee is to cover the banks costs (teller's time), some of it is to compensate for risk, and some of it is for profit (the banks still are for-profit and there is nothing wrong with making money by providing services). Another factor that probably went into the determination of price was the desire to open accounts for that person.

ETA: Also, that really doesn't seem like an extremely ridiculous scenario.

I agree with the part where he is charged because he is wasting a teller's time when he is not bringing anything to the bank. If guys like OP decide not to come to my bank because of the fees, my service would become faster, especially if there are common tellers attending the lobby and the drive through.

SUCKISSTAPLES said:   bgriffin said:   I didn't think a bank could charge you for cashing a check drawn on that bank can they?
If you're a noncustomer, they can


What about all those silly UCC rules about holder in due course, dishonor, and all that? What if their fee was $1000 instead of $10?

What if the check was made out to me for $10 and I have to pay $10 to get it honored?

There's a problem. As for the title, it's accurate. They wouldn't honor it unless I paid.

highmktgoods said:   SUCKISSTAPLES said:   bgriffin said:   I didn't think a bank could charge you for cashing a check drawn on that bank can they?
If you're a noncustomer, they can


What about all those silly UCC rules about holder in due course, dishonor, and all that? What if their fee was $1000 instead of $10?

What if the check was made out to me for $10 and I have to pay $10 to get it honored?

There's a problem. As for the title, it's accurate. They wouldn't honor it unless I paid.
The bank's policy is for a $10 fee for non-customers. They're not charging $100, they're not charging $1000, probably because they think $10 is appropriate for the service that they provide. If you don't like it, don't cash a check if you're a non-customer. If you cash a $10 check as a non-customer and get charged a $10 fee, it's your fault, not theirs.

anthonyu said:   highmktgoods said:   SUCKISSTAPLES said:   bgriffin said:   I didn't think a bank could charge you for cashing a check drawn on that bank can they?
If you're a noncustomer, they can


What about all those silly UCC rules about holder in due course, dishonor, and all that? What if their fee was $1000 instead of $10?

What if the check was made out to me for $10 and I have to pay $10 to get it honored?

There's a problem. As for the title, it's accurate. They wouldn't honor it unless I paid.
The bank's policy is for a $10 fee for non-customers. They're not charging $100, they're not charging $1000, probably because they think $10 is appropriate for the service that they provide. If you don't like it, don't cash a check if you're a non-customer. If you cash a $10 check as a non-customer and get charged a $10 fee, it's your fault, not theirs.



I'm not asking for sympathy. I'm pointing out a problem with this bank's policy. And I think it may be illegal, but I don't know for sure. In any case, I won't be signing up for an account with them.

It has always been my uninformed understanding that I could take a check to the bank it's drawn on and get it paid to me as long as I have ID.

It's not a nice policy, but it is not illegal either.

I challenge you to find a bank that does not charge non-customers a fee for cashing a check drawn on that bank. I looked in my area and could not find one.

Just deposit the check at your own bank. Or are you one of those strange people that keeps cash under your mattress instead of in a bank?


highmktgoods said:   

I'm not asking for sympathy. I'm pointing out a problem with this bank's policy. And I think it may be illegal, but I don't know for sure. In any case, I won't be signing up for an account with them.

It has always been my uninformed understanding that I could take a check to the bank it's drawn on and get it paid to me as long as I have ID.

Nope. Some banks will not even cash a check for a noncustomer at ALL.
Even if you pay a fee.

You arent pointing out a problem with the bank, the problem lies with your belief.

computerquest said:   It's not a nice policy, but it is not illegal either.

I challenge you to find a bank that does not charge non-customers a fee for cashing a check drawn on that bank. I looked in my area and could not find one.


Wachovia/Wells Fargo does not charge a fee to non-customers to cash a check drawn on their bank (at least not in my area). But they do call me to verify the amount and recipient.

highmktgoods said:   anthonyu said:   highmktgoods said:   SUCKISSTAPLES said:   bgriffin said:   I didn't think a bank could charge you for cashing a check drawn on that bank can they?
If you're a noncustomer, they can


What about all those silly UCC rules about holder in due course, dishonor, and all that? What if their fee was $1000 instead of $10?

What if the check was made out to me for $10 and I have to pay $10 to get it honored?

There's a problem. As for the title, it's accurate. They wouldn't honor it unless I paid.
The bank's policy is for a $10 fee for non-customers. They're not charging $100, they're not charging $1000, probably because they think $10 is appropriate for the service that they provide. If you don't like it, don't cash a check if you're a non-customer. If you cash a $10 check as a non-customer and get charged a $10 fee, it's your fault, not theirs.



I'm not asking for sympathy. I'm pointing out a problem with this bank's policy. And I think it may be illegal, but I don't know for sure. In any case, I won't be signing up for an account with them.

It has always been my uninformed understanding that I could take a check to the bank it's drawn on and get it paid to me as long as I have ID.

WTF is this?

Pay your fees deadbeat!

overama said:   highmktgoods said:   anthonyu said:   highmktgoods said:   SUCKISSTAPLES said:   bgriffin said:   I didn't think a bank could charge you for cashing a check drawn on that bank can they?
If you're a noncustomer, they can


What about all those silly UCC rules about holder in due course, dishonor, and all that? What if their fee was $1000 instead of $10?

What if the check was made out to me for $10 and I have to pay $10 to get it honored?

There's a problem. As for the title, it's accurate. They wouldn't honor it unless I paid.
The bank's policy is for a $10 fee for non-customers. They're not charging $100, they're not charging $1000, probably because they think $10 is appropriate for the service that they provide. If you don't like it, don't cash a check if you're a non-customer. If you cash a $10 check as a non-customer and get charged a $10 fee, it's your fault, not theirs.



I'm not asking for sympathy. I'm pointing out a problem with this bank's policy. And I think it may be illegal, but I don't know for sure. In any case, I won't be signing up for an account with them.

It has always been my uninformed understanding that I could take a check to the bank it's drawn on and get it paid to me as long as I have ID.


WTF is this?



I don't have a legal basis for my understanding.


After reading some of the responses, it sounds like banks are not restricted from charging these fees. Hey, I guess they have to come up with a way to nickel and dime me like I've done to them over the years of CC arbitrage and taking advantage of various promotions.

Sunderware said:   SUCKISSTAPLES said:   mrmartin86 said:   I get a "non-customer" asking to clear a standard check and incurring a fee, but when that non-customer brings in that bank's own check, seems unethical (I know banks and ethics mix like oil and water) to charge someone a fee to cash THEIR OWN CHECK. A fee should be for an inconvenience or a taken on risk on the banks part, not honoring their own paper transaction. My two cents anyway.
You don't see the risk that this stranger walking in presents to the bank? They don't know who this person is, don't know if he just made a fake I'D on his computer, they don't have his ssn, hacent run a credit check, don't have access to funds in his other accounts since they aren't held at that bank , etc etc

A customer of the bank is much les risk since they can see his account history , have run his credit , know how much is in his other accounts , etc.


I'm not seeing a risk to the bank... The check is written against funds in their possession so they can easily check if it is there. And if they have reason to question to legitmacy of the check, they have the account holders information so they can reach out and verify. But if that is what they need to do... they should delay the pay out... not charge him $10 to offset risk... that's just silly.

That being said, still a ridiculous title OP.
I'm guessing that if you are the guy behind him waiting in line while one of the two tellers has to stop and call the accountholder to verify the check is valid, you'd have a different opinion about this fee. And if you are the guy with the check, would you just give it to them and leave with the promise that you can come back tommorrow to pick up the money? Or if you were waiting in line, only to find that your bank doesnt have the cash to cover the check you want to cash, because they just gave it to some random non-customer?

Why would anyone expect a bank provide non-customers any service for free? Do you walk into random banks expecting to get things notarized, too? Or hey, I'm not a public transit customer but can I hitch a quick ride on your bus for free?

Yhighmktgoods said:   


I don't have a legal basis for my understanding.


After reading some of the responses, it sounds like banks are not restricted from charging these fees. Hey, I guess they have to come up with a way to nickel and dime me like I've done to them over the years of CC arbitrage and taking advantage of various promotions.


there are some restrictions , in some states , on how high the fee can be. Read the article linked for you.

you can be certain Pnc bank is compliant with the law in your state. I seriously doubt you have found the smoking gun where pnc has been acting illegally.

Do I dare ask why you needed the check proceeds in cash, instead of just making a deposit? Dont say you really didnt need cash, because getting cash was the sole reason you chose to walk into that particular bank in the first place.

Glitch99 said:   Do I dare ask why you needed the check proceeds in cash, instead of just making a deposit? Dont say you really didnt need cash, because getting cash was the sole reason you chose to walk into that particular bank in the first place.

Hookers and blow.

SUCKISSTAPLES said:   Yhighmktgoods said:   


I don't have a legal basis for my understanding.


After reading some of the responses, it sounds like banks are not restricted from charging these fees. Hey, I guess they have to come up with a way to nickel and dime me like I've done to them over the years of CC arbitrage and taking advantage of various promotions.


there are some restrictions , in some states , on how high the fee can be. Read the article linked for you.

you can be certain Pnc bank is compliant with the law in your state. I seriously doubt you have found the smoking gun where pnc has been acting illegally.


The article linked said they can do it, but at the bottom of the page was a link on the topic in California.


"...Under a little known Labor Code statute, California employers may unknowingly be subjecting themselves to criminal and civil penalties merely by virtue of where they bank. This statute is Labor Code §212. Section 212 prohibits employers and their agents from issuing any paycheck or other form of payment to their employees unless it can be negotiated for cash, “without discount,” at some established place of business within the state. Essentially, this means employers are required to provide a means for employees to cash their paychecks without their having to pay a fee.

Traditionally, employers have been able to meet this requirement through their local bank ... employees, like any other payee of a check, could take the check to their employer’s bank and cash the check without paying a fee.

Recently, two major banks—Bank of America and Wells Fargo—have imposed a $5 charge for non-account holders to cash checks at their branches..."

Source: http://www.rpnalaw.com/checkcashing0604.htm

highmktgoods said:   SUCKISSTAPLES said:   Yhighmktgoods said:   


I don't have a legal basis for my understanding.


After reading some of the responses, it sounds like banks are not restricted from charging these fees. Hey, I guess they have to come up with a way to nickel and dime me like I've done to them over the years of CC arbitrage and taking advantage of various promotions.


there are some restrictions , in some states , on how high the fee can be. Read the article linked for you.

you can be certain Pnc bank is compliant with the law in your state. I seriously doubt you have found the smoking gun where pnc has been acting illegally.


The article linked said they can do it, but at the bottom of the page was a link on the topic in California.


"...Under a little known Labor Code statute, California employers may unknowingly be subjecting themselves to criminal and civil penalties merely by virtue of where they bank. This statute is Labor Code §212. Section 212 prohibits employers and their agents from issuing any paycheck or other form of payment to their employees unless it can be negotiated for cash, “without discount,” at some established place of business within the state. Essentially, this means employers are required to provide a means for employees to cash their paychecks without their having to pay a fee.

Traditionally, employers have been able to meet this requirement through their local bank ... employees, like any other payee of a check, could take the check to their employer’s bank and cash the check without paying a fee.

Recently, two major banks—Bank of America and Wells Fargo—have imposed a $5 charge for non-account holders to cash checks at their branches..."

Source: http://www.rpnalaw.com/checkcashing0604.htm
But I thought this was a loan check, not a paycheck? Besides, the burdon still falls on the employer issuing the check, not the bank the check is drawn on.

highmktgoods said:   SUCKISSTAPLES said:   Yhighmktgoods said:   


I don't have a legal basis for my understanding.


After reading some of the responses, it sounds like banks are not restricted from charging these fees. Hey, I guess they have to come up with a way to nickel and dime me like I've done to them over the years of CC arbitrage and taking advantage of various promotions.


there are some restrictions , in some states , on how high the fee can be. Read the article linked for you.

you can be certain Pnc bank is compliant with the law in your state. I seriously doubt you have found the smoking gun where pnc has been acting illegally.


The article linked said they can do it, but at the bottom of the page was a link on the topic in California.


"...Under a little known Labor Code statute, California employers may unknowingly be subjecting themselves to criminal and civil penalties merely by virtue of where they bank. This statute is Labor Code §212. Section 212 prohibits employers and their agents from issuing any paycheck or other form of payment to their employees unless it can be negotiated for cash, “without discount,” at some established place of business within the state. Essentially, this means employers are required to provide a means for employees to cash their paychecks without their having to pay a fee.

Traditionally, employers have been able to meet this requirement through their local bank ... employees, like any other payee of a check, could take the check to their employer’s bank and cash the check without paying a fee.

Recently, two major banks—Bank of America and Wells Fargo—have imposed a $5 charge for non-account holders to cash checks at their branches..."

Source: http://www.rpnalaw.com/checkcashing0604.htm


This isn't really the question at hand though. This does not place any restrictions on banks (except in the case where the bank is the employer ). I could be wrong and I didn't read the link, but I believe the reason for that law had to do with minimum wage issues. It was argued that when employees had to pay fees to cash their paychecks, they were effectively being paid less than minimum wage. It's not really specific to CA, the DOL also addressed the issue when looking at whether employers can require employees to be paid by direct deposit. But again, this has to do with minimum wage laws as opposed to check-cashing laws.

highmktgoods said:   Today I walked in and presented a student loan check drawn on PNC bank for less than $10,000. They required 2 forms of ID, which I provided, and then pulled out the cash. It took them a long time to handle my ID, and I suppose they were filling out a SARS or something. Anyhow, they had the cash in front of me, and then the teller told me that I needed to pay $10 in order for them to cash my check. I am not a PNC customer, and I don't want to pay $10. I asked for a waiver, and they refused.

Do I have any recourse?


PNC has a free checking account with no min. balance. Open free account with $25 (probably min opening deposit), cash check, withdraw $24.99. You have now paid nothing to cash the check and have an account to cash pnc-drawn checks without a fee in the future.

Otherwise, cash at a bank you do have an account with or get over it.

highmktgoods said:   SUCKISSTAPLES said:   Yhighmktgoods said:   


I don't have a legal basis for my understanding.


After reading some of the responses, it sounds like banks are not restricted from charging these fees. Hey, I guess they have to come up with a way to nickel and dime me like I've done to them over the years of CC arbitrage and taking advantage of various promotions.


there are some restrictions , in some states , on how high the fee can be. Read the article linked for you.

you can be certain Pnc bank is compliant with the law in your state. I seriously doubt you have found the smoking gun where pnc has been acting illegally.


The article linked said they can do it, but at the bottom of the page was a link on the topic in California.


"...Under a little known Labor Code statute, California employers may unknowingly be subjecting themselves to criminal and civil penalties merely by virtue of where they bank. This statute is Labor Code §212. Section 212 prohibits employers and their agents from issuing any paycheck or other form of payment to their employees unless it can be negotiated for cash, “without discount,” at some established place of business within the state. Essentially, this means employers are required to provide a means for employees to cash their paychecks without their having to pay a fee.

Traditionally, employers have been able to meet this requirement through their local bank ... employees, like any other payee of a check, could take the check to their employer’s bank and cash the check without paying a fee.

Recently, two major banks—Bank of America and Wells Fargo—have imposed a $5 charge for non-account holders to cash checks at their branches..."

Source: http://www.rpnalaw.com/checkcashing0604.htm

You don't get legal knowledge by picking bits and pieces of irrelevant regs, and twisting them to fit your situation. The link you cite clearly relate to an employer and that they must provide a fee free way for employees to collect their wages.

Is the student loan company your employer, and do you live in California ? No (because pnc doesn't exist in ca)

So how is this relevant to your student loan check ? Or are you just grasping at anything that kinda sorta mentions fees for cashing checks?

Please

SUCKISSTAPLES said:   highmktgoods said:   SUCKISSTAPLES said:   Yhighmktgoods said:   


I don't have a legal basis for my understanding.


After reading some of the responses, it sounds like banks are not restricted from charging these fees. Hey, I guess they have to come up with a way to nickel and dime me like I've done to them over the years of CC arbitrage and taking advantage of various promotions.


there are some restrictions , in some states , on how high the fee can be. Read the article linked for you.

you can be certain Pnc bank is compliant with the law in your state. I seriously doubt you have found the smoking gun where pnc has been acting illegally.


The article linked said they can do it, but at the bottom of the page was a link on the topic in California.


"...Under a little known Labor Code statute, California employers may unknowingly be subjecting themselves to criminal and civil penalties merely by virtue of where they bank. This statute is Labor Code §212. Section 212 prohibits employers and their agents from issuing any paycheck or other form of payment to their employees unless it can be negotiated for cash, “without discount,” at some established place of business within the state. Essentially, this means employers are required to provide a means for employees to cash their paychecks without their having to pay a fee.

Traditionally, employers have been able to meet this requirement through their local bank ... employees, like any other payee of a check, could take the check to their employer’s bank and cash the check without paying a fee.

Recently, two major banks—Bank of America and Wells Fargo—have imposed a $5 charge for non-account holders to cash checks at their branches..."

Source: http://www.rpnalaw.com/checkcashing0604.htm

You don't get legal knowledge by picking bits and pieces of irrelevant regs, and twisting them to fit your situation. The link you cite clearly relate to an employer and that they must provide a fee free way for employees to collect their wages.

Is the student loan company your employer, and do you live in California ? No (because pnc doesn't exist in ca)

So how is this relevant to your student loan check ? Or are you just grasping at anything that kinda sorta mentions fees for cashing checks?

Please


My issue is not an employer-employee relationship that is tied in with check-cashing fees.
My issue is with the fee altogether.

I've done a little more research, it looks like there are some (two) cases attacking the validity of a bank's check cashing fees for non-customers. In both cases, the court held for the defendant bank because of cited statutes which were inapplicable, or preemption and OCC interpretive letters which said they were ok.

Baptista v. JP Morgan Chase Bank N.A.
Slip Copy, 2010 WL 2342436
M.D.Fla.,2010.
June 04, 2010 (Approx. 7 pages)

and

Britt v. Bank of America, N.A., 52 So.3d 809, 810, 36 Fla. L. Weekly D107, D107 (Fla.App. 5 Dist. Jan 14, 2011) (NO. 5D10-835)

Both cases are within the past 369 days- it's still a fresh issue and hasn't been fully resolved vis a conflict of laws. In other words, because the comptroller's interpretive letter says they can, they can unless the legislative branch says otherwise.

arch8ngel said:   computerquest said:   It's not a nice policy, but it is not illegal either.

I challenge you to find a bank that does not charge non-customers a fee for cashing a check drawn on that bank. I looked in my area and could not find one.


Wachovia/Wells Fargo does not charge a fee to non-customers to cash a check drawn on their bank (at least not in my area). But they do call me to verify the amount and recipient.



I wonder if this varies according to state laws? Wachovia/Wells Fargo doesn't charge here either, and none of the other banks that I've cashed checks at in my area do either.

bgriffin said:   I agree mrmartin. If it were me, I'd open a free checking account, then I'd walk over to the teller and cash the check, and then I'd walk right back to the banker and close the account.

Most banks put in a early close penalty just to avoid this situation. I know with chase the charge is $25 for an account closed within the first 90 days.

Skipping 36 Messages...
marabout said:   While I agree that there is a cost involved in doing the transaction, I think the bank should be recovering that cost from their customer (either by the checking fees they charge him, or the money they make off his balance), and not from the payee.

They do. Customer is able to pay using certified check or cashier's check.
It seems what the person got was a check issued via one of the bill pay systems, drawn onto PNC.



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