It helps keep your transaction legally binding.
The ESIGN Act recognized that not all customers want to use electronic records, and the legislation makes sure no one is forced to use electronic records. The ESIGN Act requires the signers’ consent before providing records in electronic form. Before getting this consent, the signer must see the following disclosures:
- The consumer has the right or option to use paper records instead.
- Information about the hardware and software required to access or retain electronic records.
- Information on how to get paper copies of the electronic records and whether a fee will be charged for providing these copies.
- Information about whether their consent applies only to the current transaction, or to all transactions of a specific type
- Information on how to withdraw their consent and what conditions, consequences and fees may apply if consent is withdrawn after it has been given.
- Information about how to update their electronic contact information.
If a consumer has given consent to receive all records of a specific type in electronic form and there are any significant changes to the hardware or software requirements for accessing or retaining new electronic records of this type, we will inform consumers about the new requirements, and the e-consent process will be redone. In this case, no fees will be charged for withdrawal of consent, and there won’t be any conditions or consequences for withdrawal that were not disclosed at the time of the original consent.