The order of posting is a matter of bank policy and processing capabilities. The law in every state with which we are familiar indicates that banks can post in any order they wish.
There have been consumer complaints to regulators and members of congress concerning perceived abuse of the ability to choose the order of posting. Clearly, a bank's selection of posting order of deposits and debits and even simply among debits can have a significant effect on its depositors in cases in which an overdraft might result in the midst of the process. Clearly, if deposits are posted after checks, the depositor is at greater risk of being in the red at least until posting is completed for the day's business. Such a consumer might have a complaint if assessed an overdraft fee in such a case, particularly if the possibility of such a fee resulting from the order of posting had not been disclosed by the bank.
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The order of posting is a matter of bank policy and processing capabilities. The law in every state with which we are familiar indicates that banks can post in any order they wish.