Section 4-303(b) of the Uniform Commercial Code (UCC) permits banks to pay checks in any order: “items may be accepted, paid, certified, or charged to the indicated account of its customer in any order.” 810 ILCS 5/4-303(b). The Illinois Appellate Court for the First District has held this to be true even if the order solely benefits the bank and results in the bank customers’ incurring more overdraft fees than if the smallest checks were posted first. Hill v. St. Paul Fed. Bank for Sav., 329 Ill.App.3d 705 (1st Dist. 2002).

 At the same time, the FDIC’s Overdraft Payment Supervisory Guidance states that “clearing items in the order received or by check number” is an “appropriate” procedure (FIL 81-2010 (November 24, 2010)FDIC Overdraft Payment Program Supervisory Guidance Frequently Asked Questions, Part III, Question 4.