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Under the E-SIGN ACT from the FTC - Is a typed signature

Resolved Question:

Under the E-SIGN ACT from the FTC -

Is a typed signature (where someone just types in their name on the signature line) acceptable on a background screening consent form?
Submitted: 1 year ago.
Category: Employment Law
Expert:  A.J. replied 1 year ago.

SavyLawyer :

Hello, and thank you for contacting Just Answer. My name isXXXXX am an employment law professional, and I look forward to answering your questions this morning.

SavyLawyer :

Yes, if both parties agree that the E-signature is an acceptable format, then such a signature is acceptable and binding. The Electronic Signature in Global and National Commerce Act was passed for this very reason, to allow, in a digital age, for e-signatures to be acceptable, so long as both parties are aware that signatures are being produced digitally, and both parties consent to the use of a digital signature.

SavyLawyer :

Often, things like a digital background check will have something that says that the signer is agreeing to sign digitally by typing their name.

SavyLawyer :

So, in short, yes, so long as the signing party is aware that they are signing digitally then it should be sufficient under the "E-Sign" Act. For the full text of the Act itself, go to:

SavyLawyer :

http://www.ftc.gov/os/2001/06/esign7.htm

SavyLawyer :

I hope this helps, and let me know if you have any follow up questions. Otherwise, please remember to RATE my answer so that I can receive credit for my work.

Customer: replied 1 year ago.
Okay, great.
Customer: replied 1 year ago.
Okay - so if the release form doesn't mention anything about electronic signatures but we do want to accept them, if the applicant typed their name in on the "your Signature" line this would be acceptable to accept?

Would we still be covered if the applicant came back and said "somebody must have typed my name in" as I didn't?
Expert:  A.J. replied 1 year ago.
Well, somebody could come back and make the same claim about a written signature theoretically. This is, however, a risk with electronic signatures, unless you have done something else to establish the validity of someone's identity (Social Security #, etc). If an electronic signature is going to be used, it must be clear at some point to the individual that typing in their name will be considered a signature, otherwise they could claim they had not given consent to use an electronic signature. As for someone coming back and claiming it was not them, so long as a company has done due dilligence to try and ensure that who they are dealing with is actually the individual in question, then that should be sufficient.

Now, having said that, prior to drafting any language or using any electronic forms, I would strongly encourage you to have an attorney licensed in your state (or the state in which you are doing business) before using them, just to make sure everything has been done properly.

I hope this helps further, and let me know if you require any additional clarification. Otherwise, please remember to RATE my answer so that I can receive credit for my work.
A.J., Employment Lawyer
Category: Employment Law
Satisfied Customers: 4296
Experience: Licensed to practice law, I have experience in Employment, Appeals, and Landlord/Tenant Law
A.J. and 4 other Employment Law Specialists are ready to help you

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