Current through the 2024 legislative session
Section 6-3-705 - Liability of drawee for release of information to payee, holder or official; liability of person committing fraud to holder(a) A drawee is not civilly or criminally liable for releasing the following information relating to the drawer's account to any payee or holder of a check that has been dishonored for insufficient funds, upon the written request of any payee or holder: (i) The status of the account, and whether the drawer had sufficient funds or credit with the drawee at the time the check was issued or presented for payment; and (ii) The current home and business addresses and telephone numbers of the drawer. (b) A drawee is not civilly or criminally liable for releasing the following information relating to the drawer's account to any law enforcement or prosecuting official or agent thereof who first certifies in writing that he is investigating a complaint against the drawer under this section: (i) Documents relating to the opening of the account by the drawer; (ii) Correspondence between the drawer and the drawee relating to the status of the account; (iii) Periodic statements delivered to the drawer by the drawee for the two (2) periods prior to and subsequent to the issuance of any check which is the subject of such investigation; (iv) The current home and business addresses and telephone numbers of the drawer; and (v) Copies of other documents showing examples of signatures of the drawer. (c) Any person who commits fraud by check is liable to the holder of the check for the sum of the check plus interest, costs of collection and reasonable collection fees.