ESTATE OF NANCY Z. PALEY VS. BANK OF AMERICA (f/k/a FLEET BANK, f/k/a FIRST JERSEY BANK, f/k/a WESTMINSTER BANK, f/k/a SUMMIT BANK), ET AL. A-4391-07T3, A-5519-07T3, A-5864-07T3 (CONSOLIDATED)
We held that the Consumer Fraud Act (CFA) does not apply to a claim by a bank depositor for payment by the bank of multiple checks presented to and paid by it to the depositor's medical aide. We held that the CFA provides no remedy to the depositor when a bank adopts a check presentation and clearance procedure consistent with the Uniform Commercial Code (UCC), specifically Articles 3 and 4 of the UCC, N.J.S.A. 12A:3-101 to -605 and 4-101 to -504, has acted in conformity with those procedures, and does not have an agreement with the depositor that creates a special relationship with duties beyond those imposed by the UCC. 04-29-11
