The Clearing House (TCH) filed an amicus brief before the New York Court of Appeals in Clemente Bros. Constr. Corp. v. Hafner-Milazzo and Capital One on the question of whether a bank and its customer should be permitted to agree to shorten the one-year period set out in Article 4 of the UCC for the customer to notify the bank of a forged or altered check. The brief points out that the UCC clearly permits these agreements and that every other appellate court that has considered the issue has found that banks and their customers may agree to a shorter period. As such, it argues that allowing these agreements is not burdensome on customers and that shorter notice periods enable banks to catch frauds more readily.
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