15 U.S. Code § 7001 - General rule of validity

limit, alter, or otherwise affect any requirement imposed by a statute, regulation, or rule of law relating to the rights and obligations of persons under such statute, regulation, or rule of law other than a requirement that contracts or other records be written, signed, or in nonelectronic form; or

require any person to agree to use or accept electronic records or electronic signatures, other than a governmental agency with respect to a (c) Consumer disclosures

(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 consumer in writing, the use of an electronic record to provide or make available (whichever is required) such information satisfies the information be in writing if—

informing the electronic form and of any conditions, consequences (which may include termination of the parties’ relationship), or fees in the event of such withdrawal;

informing the record, or (II) to identified categories of records that may be provided or made available during the course of the parties’ relationship;

prior to consenting, is provided with a statement of the hardware and software requirements for access to and retention of the electronic records; and

consents electronically, or confirms his or her consent electronically, in a manner that reasonably demonstrates that the information in the electronic form that will be used to provide the information that is the subject of the consent; and

(D) after the consent of a requirements needed to access or retain electronic records creates a material risk that the consumer will not be able to access or retain a subsequent electronic record that was the subject of the consent, the person providing the electronic record—

provides the requirements for access to and retention of the electronic records, and (II) the right to withdraw consent without the imposition of any fees for such withdrawal and without the imposition of any condition or consequence that was not disclosed under subparagraph (B)(i); and

Nothing in this subchapter affects the content or timing of any disclosure or other record required to be provided or made available to any (B) Verification or acknowledgment

If a law that was enacted prior to this chapter expressly requires a record to be provided or made available by a specified method that requires verification or acknowledgment of receipt, the record may be provided or made available electronically only if the method used provides verification or acknowledgment of receipt (whichever is required).

The legal effectiveness, validity, or enforceability of any contract executed by a electronic consent or confirmation of consent by that consumer in accordance with paragraph (1)(C)(ii).

Withdrawal of consent by a electronic records provided or made available to that consumer in accordance with paragraph (1) prior to implementation of the consumer’s withdrawal of consent. A consumer’s withdrawal of consent shall be effective within a reasonable period of time after receipt of the withdrawal by the provider of the record. Failure to comply with paragraph (1)(D) may, at the election of the consumer, be treated as a withdrawal of consent for purposes of this paragraph.

This subsection does not apply to any records in electronic form as permitted by any statute, regulation, or other rule of law.

An oral communication or a recording of an oral communication shall not qualify as an electronic record for purposes of this subsection except as otherwise provided under applicable law.

(1) Accuracy and accessibility If a statute, regulation, or other rule of law requires that a contract or other record relating to a electronic record of the information in the contract or other (A)

remains accessible to all persons who are entitled to access by statute, regulation, or rule of law, for the period required by such statute, regulation, or rule of law, in a form that is capable of being accurately reproduced for later reference, whether by transmission, printing, or otherwise.

A requirement to retain a contract or otherinformation whose sole purpose is to enable the contract or other (3) Originals

If a statute, regulation, or other rule of law requires a contract or other record relating to a electronic record that complies with paragraph (1).

If a statute, regulation, or other rule of law requires the retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with paragraph (1).

Notwithstanding subsection (a), if a statute, regulation, or other rule of law requires that a contract or other record relating to a electronic record of such contract or otherelectronic record is not in a form that is capable of being retained and accurately reproduced for later reference by all parties or persons who are entitled to retain the contract or other record.

Nothing in this subchapter affects the proximity required by any statute, regulation, or other rule of law with respect to any warning, notice, disclosure, or other record required to be posted, displayed, or publicly affixed.

If a statute, regulation, or other rule of law requires a signature or record relating to a electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable statute, regulation, or rule of law, is attached to or logically associated with the signature or record.

A contract or other record relating to a electronic agents so long as the action of any such electronic agent is legally attributable to the person to be bound.

It is the specific intent of the Congress that this subchapter and subchapter II apply to the business of insurance.

(j) Insurance agents and brokers An insurance agent or broker acting under the direction of a party that enters into a contract by means of an electronic record or electronic signature may not be held liable for any deficiency in the electronic procedures agreed to by the parties under that contract if—

the agent or broker was not involved in the development or establishment of such electronic procedures; and