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RANDLE v. AMERICASH LOANS LLC. Appellate Court of Illinois,First District, Fifth Division

Plaintiff then responded that the EFT authorization had been the practical exact carbon copy of a check which offered AmeriCash legal rights and treatments underneath the Illinois check that is bad and, hence supplied AmeirCash by having a safety interest which had become disclosed pursuant towards the TILA.

AmeriCash responded that an EFT authorization isn’t the practical exact carbon copy of a check because Article 3 regarding the Uniform Commercial Code (UCC), which include the Illinois bad check statute, will not affect electronic investment transfers. 810 ILCS 5/3-101 et seq. (West ). AmeriCash further alleged that the EFT authorization will not constitute a safety interest under Article 9 regarding the UCC which gives when it comes to creation of security passions in individual home (815 ILCS 5/9-101 et seq. (West )).

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