Alabama Supreme Court Pins Strict Liability On Bank Of First Deposit That Under-Encodes A Big Check

LexisNexis ( January 22, 2019, 11:55 AM EST) -- In our prior story, we reported on the new amendments to Reg. CC (effective January 1, 2019) that will shift the loss from the payor bank to the bank of first deposit in cases where it’s unclear whether the check fraud was an alteration or an outright forgery. To accomplish this result, the Reg. CC amendment creates a rebuttable presumption that the item was altered rather than forged....