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Electronic Signatures
Section 101(c) of the Electronic Signatures in Global and
National Commerce Act [15 USC Section 7001 et seq.] provides:
(1) Consent to electronic records. Notwithstanding subsection
(a), if a statute, regulation, or other rule of law requires
that information relating to a transaction or transactions
in or affecting interstate or foreign commerce be provided
or made available to a consumer in writing, the use of an
electronic record to provide or make available (whichever
is required) such information satisfies the requirement that
such information be in writing if:
(A) the consumer has affirmatively consented to such use
and has not withdrawn such consent;
(B) the consumer, prior
to consenting, is provided with a clear and conspicuous
statement:
(i) informing the consumer of (I) any right or option of
the consumer to have the record provided or made available
on paper or in non-electronic form, and
(II) the right of the consumer to withdraw the consent to have the record provided
or made available in an electronic form and of any conditions, consequences
(which may include termination of the parties' relationship),
or fees in the event of
such withdrawal;
(ii) informing the consumer of whether the consent applies
(I) only to the particular transaction which gave rise to
the obligation to provide the record, or (II) to identified
categories of records that may be provided or made available
during the course of the parties' relationship;
(iii) describing the procedures the consumer must use to
withdraw consent as provided in clause (i) and to update
information needed to contact the consumer electronically;
and
(iv) informing the consumer (I) how, after the consent,
the consumer may, upon request, obtain a paper copy of an
electronic record, and (II) whether any fee will be charged
for such copy;
(C) the consumer:
(i) prior to consenting, is provided with a statement of the hardware and software
requirements for access to and retention of the electronic records; and
(ii) consents electronically, or confirms his or her consent
electronically, in a manner that reasonably demonstrates
that the consumer can access information in the electronic
form that will be used to provide the information that is
the subject of the consent
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