FWIW: " Fortunately, consumers shouldn’t be on the hook if a check they write is cashed more than once. “There is no question that a consumer is not liable,” says Nessa Feddis, senior vice president at the American Bankers Association. Indeed Meara says duplicate check presentment is “more of a risk for the bank than for consumers.” http://blog.credit.com/2014/02/major-flaw-mobile-banking-77096/ '
I have yet to find any specific legal basis or authority for this statement. It could just be PR to promote a cost saving process for the banking industry.