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State Statutes - Idaho - Title 28 - Chapter 4 - 28-4-611
Idaho Statutes
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28-4-611 - UNENFORCEABILITY OF CERTAIN VERIFIED PAYMENT ORDERS
(1) If an
accepted payment order is not, under section 28-4-610(1), an authorized order
of a customer identified as sender, but is effective as an order of the
customer pursuant to section 28-4-610(2), the following rules apply:
(a) By express written agreement, the receiving bank may limit the extent
to which it is entitled to enforce or retain payment of the payment order.
(b) The receiving bank is not entitled to enforce or retain payment of
the payment order if the customer proves that the order was not caused,
directly or indirectly, by a person (i) entrusted at any time with duties
to act for the customer with respect to payment orders or the security
procedure, or (ii) who obtained access to transmitting facilities of the
customer or who obtained, from a source controlled by the customer and
without authority of the receiving bank, information facilitating breach
of the security procedure, regardless of how the information was obtained
or whether the customer was at fault. Information includes any access
device, computer software, or the like.
(2) This section applies to amendments of payment orders to the same
extent it applies to payment orders.
 
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