March 13, 2019 Articles

Avoid Pitfalls in Electronic Delivery of Documents with an E-SIGN Compliance Strategy

One compliance strategy for delivering documents to consumers electronically across multiple jurisdictions would be to comply with E-SIGN as establishing a minimum set of national standards for effective delivery of documents

by Alan D. Wingfield and Michael L. Huggins

Federal and state laws impose requirements for delivering documents electronically to consumers, including with respect to insurers, agents, and brokers. The federal Electronic Records and Signatures in Commerce Act (commonly referred to as “E-SIGN”) requires a consumer’s informed, affirmative consent to receive the documents electronically. But states may “reverse-preempt” E-SIGN by adopting the Uniform Electronic Transactions Act (UETA), loosening the minimum legal requirements for electronic delivery.

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