Consent to electronic records

What the law asks for

• UETA applies only when the parties have agreed to do business electronically, which can be shown by their conduct. A party can refuse to do the next transaction electronically (Section 5).
• The ESIGN Act adds steps when a law requires giving a consumer information in writing. The consumer must affirmatively consent after a clear notice about paper copies, withdrawing consent, its scope and the hardware and software needed, and must consent in a way that shows they can open the records (15 U.S.C. § 7001(c)).

How SignMaster asks

Before anyone signs, they check a box agreeing to use electronic records and signatures, with a link to SignMaster's e-signature disclosure. The disclosure explains what they're agreeing to, how to get a paper copy, how to withdraw consent and what they need to open the records, in the signer's own language. A signer can choose Decline instead. The time of consent and the disclosure version they agreed to are printed on the certificate of completion.