(5 ILCS 175/10-115)
Sec. 10-115. Commercially reasonable; reliance.
(a) The commercial reasonableness of a security procedure is a question of law to be determined in light of the purposes of the procedure and the commercial circumstances at the time the procedure was used, including the nature of the transaction, sophistication of the parties, volume of similar transactions engaged in by either or both of the parties, availability of alternatives offered to but rejected by either of the parties, cost of alternative procedures, and procedures in general use for similar types of transactions.
(b) Whether reliance on a security procedure was reasonable and in good faith is to be determined in light of all the circumstances known to the relying party at the time of the reliance, having due regard to the:
(1) information that the relying party knew or should
have known of at the time of reliance that would suggest that reliance was or was not reasonable;
(2) the value or importance of the electronic record,
if known;
(3) any course of dealing between the relying party
and the purported sender and the available indicia of reliability or unreliability apart from the security procedure;
(4) any usage of trade, particularly trade conducted
by trustworthy systems or other computer-based means; and
(5) whether the verification was performed with the
assistance of an independent third party.
(Source: P.A. 90-759, eff. 7-1-99.)
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Last modified: February 18, 2015