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Assessment · 14 questions · 2 minutes

Is your disbursement program exposing you to fiduciary risk?

Rate your program across seven dimensions regulators and courts actually evaluate including fund custody, compliance posture, claimant experience, transparency, and vendor alignment.

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4 of 7 dimensions scored below the compliance threshold.  Enter your email to access your scorecard and see where your program stands.
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Your Compliance Score

51
/ 100
High fiduciary risk. Court and claimant exposure likely.
Fund Custody and Ownership
85%
Regulatory and Licensing posture
33%
Disbursement Method & Claimant Reach
0%
Redemption & Claimant Experience
21%
Audit Trail, Reporting & Transparency
55%
Vendor Economics & Alignment
85%
Security, Scale & Platform Fit
11%
Question 01 of 14
Fund Custody & Ownership
How are settlement funds held by your payment platform prior to disbursement?
Fund Custody & Ownership
What happens to unclaimed or unredeemed funds after your platform's expiry period?
Fund Custody & Ownership
When you use your platform, are you instructing a regulated payment to claimants - or purchasing a ‘product’ the platform controls ?
Regulatory and Licensing posture
Do you know exactly who is licensed to move money in your programme - your payment platform, a third-party processor, or both?
Disbursement Method & Claimant Reach
How do you currently send funds to claimants?
Disbursement Method & Claimant Reach
What percentage of your payments typically go uncashed or unredeemed
Redemption & Claimant Experience
Does your platform use programmatic, multi-channel reminders to drive claimants to redeem unclaimed payments?
Audit Trail, Reporting & Transparency
Can you produce a complete, claimant-level audit trail for any individual payment at any time or upon request?
Audit Trail, Reporting & Transparency
How does your platform define and measure ‘successful payment delivery’?
Vendor Economics & Alignment
How does your payment platform generate its revenue?
Vendor Economics & Alignment
Do you have full visibility of all fees including any fees charged directly to claimants - before committing to a programme?
Security, Scale & Platform Fit
Has your platform been stress tested for large settlement values, bursty payment volumes typical of class action or mass tort distributions?
Security, Scale & Platform Fit
Does your platform have a defined escheatment process - and do you have a named contact who owns compliance queries?
Security, Scale & Platform Fit
Was your current payment platform purpose built for fiduciary / third-party client money flows - or adapted from a commercial payments or incentive card marketing product?
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Here’s how you scored

Fund Custody and Ownership
Strong Custody Foundations in place
Your answers indicate that funds are held in properly segregated FBO or trust accounts, that prefunding is required before disbursement, and that unredeemed funds are returned to you - not retained by your payments platform. This reflects a mature understanding of fiduciary fund custody and puts you in a strong position for court reporting. The next frontier is full automation: ensuring that your custody structure, reconciliation, and escheatment process operate without manual intervention as you scale to larger and more complex distributions.
Some protections in place but gaps remain
You have partial visibility into how your funds are held, but your answers suggest areas of uncertainty - particularly around what happens to unredeemed funds at expiry, or whether your platform's terms fully align with QSF and court-supervised settlement requirements. Ledger-level separation is better than nothing, but it is not the same as true FBO or trust account segregation. As your program volumes grow and Post-Distribution Accounting requirements tighten, these gaps will become harder to defend. We recommend a structured review of your platform's custody architecture before your next distribution.
Your funds may not be structurally protected
Based on your answers, there are serious questions about how your settlement funds are held and what happens to them if claimants don't redeem. If your payments platform commingles client funds with its own capital, retains unclaimed balances as revenue, or operates under terms that transfer fund ownership away from your claimants - you may be in breach of your fiduciary obligations without knowing it. This is the highest-consequence risk dimension in this assessment.

Courts increasingly scrutinize fund custody structures in Post-Distribution Accounting, and settlement objectors have successfully challenged programs where platforms retained breakage. This warrants immediate review of your platform's terms of service and account structure.
85%
Regulatory and Licensing posture
Licensing and accountability well documented
Your answers indicate that you know exactly who is licensed to move money in your program, that roles are clearly defined, and that your payment platform is a direct processor rather than a broker relying on undisclosed third parties. This is a strong compliance position. The ongoing responsibility is to keep this documentation current - licensing arrangements change, processors get acquired, and sub-processor relationships are sometimes added silently by vendors. An annual review of your platform's licensing and data processing agreements is good practice at this stage.
Partial visibility - verify before your next program
You have some understanding of who is licensed in your payment flow, but the picture is incomplete. You may know your primary vendor but haven't verified whether they use a sub-processor, or whether licensing obligations are fully documented between parties. For court-supervised settlements, this level of clarity is increasingly expected not just by your own compliance team, but by courts requiring Post-Distribution Accounting and plaintiffs' counsel reviewing program execution. Close this gap before you scale to a larger distribution.
You may not know who is actually moving claimant funds
Your answers suggest that the licensing structure behind your current payment platform has not been verified - and that you may be relying on a vendor who brokers payments through an undisclosed third party. This creates a critical accountability gap. If a payment fails, is delayed, or attracts regulatory scrutiny, you need to know with certainty who is licensed, who is liable, and who will stand with you in front of a court or regulator. "Our vendor handles it" is not a sufficient answer when a settlement administrator's fiduciary duty is being examined. Verify licensing arrangements before your next distribution.
85%
Disbursement Method & Claimant Reach
Strong reach and redemption performance
Your answers reflect a multi-rail disbursement approach, a low uncashed rate, and active tracking of redemption performance. This puts you in the top tier of claims administrators on this dimension. The opportunity at this level is optimization: using data from previous programs to predict redemption risk by claimant segment, and deploying targeted nudges to the specific cohorts most likely to go unclaimed before escheatment deadlines hit.
Moving in the right direction - but not fully there
You've moved beyond paper checks or are using a mixed approach, and you have some visibility into redemption rates. But your uncashed rate likely remains above 10%, and your current rails may not be reaching unbanked or underbanked claimants - a population that is disproportionately represented in mass tort and class action cases. Meeting claimants where they are, with the right payment method for their circumstances, is both a participation rate strategy and an equity obligation that courts increasingly take seriously.
Your payment method is your biggest source of exposure
Your answers indicate heavy reliance on paper checks, a high uncashed rate, or - most critically - that you don't currently track redemption at all. Paper checks carry an industry-average uncashed rate of 15-25%, and every uncashed check is a future escheatment liability. If you cannot tell a court what percentage of claimants received their funds, you cannot produce a credible Post-Distribution Accounting. Courts are increasingly asking plaintiff counsel to justify participation rates, and objectors routinely challenge distributions where the administrator cannot demonstrate that reasonable steps were taken to reach every eligible claimant.
85%
Redemption & Claimant Experience
Proactive redemption program in place
Your answers indicate that you're using programmatic, multi-channel nudges to drive claimants toward redemption, and that your inbound support volume is low-a strong signal that most claimants are able to complete the process without friction. This is where most administrators aspire to be. The next level is personalization: using claimant-level data (device type, prior behavior, payment rail preference) to tailor the timing and channel of each nudge for maximum uplift, rather than applying a uniform reminder schedule across the entire claimant population.
Reminders in place - but not working hard enough
You have some form of claimant communication cadence, but it's likely single channel or manual rather than programmatic. A single reminder email is not enough for a claimant population that includes elderly, unbanked, and low digital literacy recipients. Multi-channel nudges - SMS, email, and push - with timing based on behavior rather than a fixed schedule, materially lift redemption rates. If you're not tracking uplift from your reminder program, you're not able to prove to a court that you made reasonable efforts to reach every claimant.
Claimants are struggling to get paid - and its costing you
High inbound support volume and the absence of automated redemption nudges are two of the clearest signals that your disbursement process is creating friction for claimants. Every claimant who gives up before completing redemption is a future unclaimed fund liability. Every support call your team handles is an operational cost that scales with your program size. And every claimant who cannot reach you is a potential complaint to the court. A modern disbursement platform should drive redemption proactively - through programmatic, multi-channel reminders with measured uplift - rather than reactively through inbound support.
85%
Audit Trail, Reporting & Transparency
Full audit trail and automated reporting in place
Your answers indicate that you can produce a complete, claimant-level audit trail on demand, that your reporting is automated directly from your disbursement platform, and that your definition of successful delivery is correctly pegged to confirmed fund receipt - not notification dispatch. This is the gold standard for court-supervised distributions. The focus at this level is ensuring your reporting infrastructure scales cleanly as program complexity increases - particularly around multi-rail distributions where ACH, check, and digital wallet payments need to be reconciled within a single, unified audit view.
Reporting exists - but it requires too much manual effort
You can produce disbursement reports, but the process involves manual extraction, reconciliation, or reformatting before they're fit for court or regulatory submission. This introduces error risk and creates operational bottlenecks at exactly the moments when speed and accuracy matter most - immediately after a distribution closes and during any challenge or objection period. Automation of your audit trail and reporting is not just an efficiency gain; it's increasingly a court expectation. Asking a judge to wait while your team manually assembles a payment history is a credibility problem.
You cannot defend your distribution in court
Your answers suggest that producing a complete, claimant level audit trail would take days or require significant manual effort - and that your platform may measure "successful delivery" as the point a notification was sent, not when funds reached a claimant's account. These are serious gaps. Courts now routinely require detailed Post-Distribution Accounting that traces every dollar from deposit to claimant receipt, including rejected payments, returns, and escheatment. If you cannot produce this on demand, you are not in a position to defend your distribution - and settlement objectors will find that gap. Manual spreadsheet based reporting at scale introduces the additional risk of human error in legally binding submissions.
85%
Vendor Economics & Alignment
Incentives aligned - full fee transparency in place
Your answers show that your platform charges per successful delivery to claimants, that you have full visibility of the fee structure including any claimant side charges, and that the economic model supports - rather than works against - maximum redemption. This alignment is increasingly rare in the market and puts you in a strong position when courts ask about vendor selection rationale. The ongoing task is to document this alignment explicitly in your Post-Distribution Accounting, so it's on the record that your vendor's economics were evaluated as part of the program design.
Partial fee visibility - close the gaps before your next program
You have some visibility into your platform's fee structure, but the full picture - particularly any fees charged directly to claimants - is not yet clear. A flat fee or subscription model is better than breakage economics, but it still doesn't fully align your vendor's incentives with claimant delivery outcomes. Before your next distribution, produce a complete fee model that covers both the platform cost to you and any fees claimants encounter during redemption. This is the information you'll need to answer a court's questions about net claimant recovery.
Your vendor may be profiting from claimants not getting paid
Your answers suggest that your payments platform either retains unredeemed funds as revenue, charges per-issuance regardless of whether funds are delivered, or that you are simply unsure how they make money. Any of these is a serious problem. A platform that profits from non-redemption has an economic incentive that is structurally opposed to yours - getting money to every eligible claimant. Hidden claimant-side fees (ATM charges, inactivity fees, redemption fees) compound this by reducing the net value received by the very people the settlement was designed to compensate. Courts are beginning to ask administrators to justify their vendor's economic model. You should be able to answer that question confidently.
85%
Security, Scale & Platform Fit
Purpose-built and proven at scale
Your answers indicate that your platform was purpose built for fiduciary third-party client money flows, that it has been proven at the volumes your programs require, that identity verification is robust, and that you have a named compliance contact and documented escheatment process. This is the configuration that modern settlement administration demands - and that courts will increasingly expect to see documented in Post-Distribution Accounting. The priority at this level is staying ahead of the regulatory curve: new escheatment legislation, evolving KYC standards, and rising court expectations around participation rate reporting are all moving targets.
Capable platform - but some gaps at the edges
Your platform has been customized or adapted to handle fiduciary flows, and you have some identity verification and scale testing in place but there are gaps. Your escheatment process may lack a named owner, or your platform hasn't been formally stress-tested at the volumes your next large distribution will demand. These edge cases tend to surface at the worst possible moment: during a high-profile case, under time pressure, when a payment run hits an unexpected volume spike or a regulator asks a question your compliance team can't immediately answer.
Your platform was not built for what you're using it for
Your answers suggest that your current payment platform was designed for commercial payment distribution and adapted — rather than purpose-built — for fiduciary third-party client money flows. This distinction matters more than it might appear. Platforms built for commerce operate under terms of service, account structures, and compliance frameworks designed for business-to-business or business-to-consumer transactions. They were not architected around QSF requirements, court-supervised settlement frameworks, or the specific obligations that arise when you hold money in trust for claimants. Add a weak identity verification posture and unproven scale performance, and you have a platform that creates operational and legal risk every time you run a large distribution.
85%

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