(a) "check" means any negotiable instrument, as defined by section 3-104 of the uniform commercial code, that has imprinted on it the holder's name and the depository institution's name, location, and routing number.
(b) "unsolicited check" means any check mailed or otherwise delivered to a holder by an issuer or agent acting on behalf of an issuer for the purpose of drawing on an existing account that is an extension of credit or activating an account to obtain credit other than:
(1) in response to a request or application for a check or account; or
(2) as a substitute for a check or account previously issued to the person to whom the check is mailed or otherwise delivered. 2. No holder in whose name an unsolicited check is issued shall be liable for any amount resulting from use of that check or account, unless the holder has accepted the check or account by using the check or account. Failure to destroy or return an unsolicited check shall not constitute acceptance of the check or account. 3. Any agreement entered into by a holder which waives, limits or disclaims the rights set forth in this section shall be void as contrary to public policy.
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