Florida/Georgia Personal Injury & Workers Compensation

...support its position, and for good reason. Florida’s UCC places the burden to review bank statements on the customer, and expressly allows the parties to alter the terms of Chapter 674. See Fla. Stat. Ann. § 674.103 (1); see also Fla. Stat. Ann. § 670.501 (“the rights and obligations of a party to a funds transfer may-be varied by agreement of the affected party.”), In Florida, a Deposit Agreement’s “[u]se of the term ‘problems or unauthorized transactions’ ......

...For the definition of ‘'payment order” and ‘‘beneficiary,” see Fla. Stat. Ann. § 670.103 . . To the extent that UCC § 4A applies to wire transfers, the Court finds the Agreements’ 30-day notification clause permissible. See Fla. Stat. Ann. § 670.501 ("the rights and obligations of a party to a funds transfer may be varied by agreement of the affected party.”); see also Priority Staffing, Inc....

...§ 670.202(2). We realize this is a bit of a slog, but we have just two more provisions to wade through: First, Chapter 670 has a general rule that “the rights and obligations of a party to a funds transfer may be varied by agreement of the affected party.” Id. § 670.501(1)....

...[or] if the receiving bank is not entitled to payment from the customer because the bank erroneously executed a pay- ment order [under Section 303] . . . or [when] the sender of a pay- ment order pays the order and was not obliged to pay all or part of the amount paid [under Section 402(4)].” Id. To recap, Section 670.501 provides that any section in Chap- ter 670 is modifiable by agreement “except as otherwise provided.” Id. § 670.501....

...Id. Second, BB&T says that Section 505—the one-year period— doesn’t have any language prohibiting variation by agreement. BB&T’s argument goes like this: Section 501 provides that every provision in Chapter 670 can be varied unless “[e]xcept as other- wise provided.” Id. § 670.501(1)....

...22 Opinion of the Court 21-11763 claim for a refund could be modified to be unreasonably short— even shorter than the interest period—because there is, after all, no use of the word “reasonable” in Sections 670.501 and 670.505. Id. §§ 670.501; 670.505....