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

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.