How Banks Use UCC Preemption Against Plaintiffs Victimized By Wire Fraud Scams

LexisNexis (November 10, 2022, 12:18 PM EST) -- Fraud in the wire transfer arena is ubiquitous. The case law, particularly on the topic of Article 4A preemption under the Uniform Commercial Code, is growing. It is too early to formulate clear trends away from the majority rule favoring preemption as a tool for knocking out common law claims. Also, there seems to be more of a split in state law as to the existence of a duty of care under common law negligence owed by a bank to a noncustomer. This article offers some preliminary observations....