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Is this regarding a mortgage or an insurance policy?M. Strisik, Esq.
Thanks for following up, I am actually quite confident that an email is as good as any writing because the notice is not obligated to be in pen-and-ink by law.
Under the Federal E-Sign Act, as well as the Uniform Electronic Transactions Act, both of which have been adopted in some form by the State of Florida, electronic transmissions stand on equal footing as their pen-and-ink counterparts. There are only a couple exceptions of where snail mail still must be used - both are in the context of cancellation notices - mortgages and insurance policies (hence my earlier question).
Congress passed the Federal Electronic Signatures in Global and National Commerce Act02 ("E-Sign") in June 2000. This law provides that electronic signatures and electronic records generally satisfy legal requirements for signatures or writings. E-Sign authorizes the substitution of electronic notices for paper notices including most, but
not all, types of consumer notices. E-Sign also includes a number of important protections to ensure that consumers can receive, keep and use electronic notices provided to them.
Over twenty states have enacted some version of the Uniform Electronic Transactions Act ("UETA"). This is a proposed Uniform Law on the same subject matter as E-Sign that is recommended by the National Conference of Commissioners on Uniform State Laws ("NCCUSL"). Some states have enacted the uniform version,3 while other
states have added significant consumer protections not found in the uniform version.4
E-Sign and UETA are similar in many respects, but they are not at all similar in the way they treat consumers. In consumer transactions, E-Sign requires a specific and electronic consent process before an electronic notice may replace a legally required written notice. UETA merely requires that the parties agree to conduct transactions by electronic means, but does not specify how that agreement is to be proven. Instead, UETA states that agreement is determined from the context and circumstances.5 UETA's agreement requirement applies to all types of electronic notices (legal and contractual). UETA undercuts its own basic premise of agreement by permitting the agreement to conduct transactions electronically to be found from the context, including conduct. UETA also permits the agreement for future electronic notices to be given only on paper. UETA does not exempt any categories of consumer notices.
Since the notice you are talking about is not required by law to be in pen-and-ink, you are protected under E-Sign and UETA.
M. Strisik, Esq.
The fact that you typed the email provides enough for the signature requirement.
Hitting "send" is the transmission of the email - same as placing a letter into a mailbox in the world of contract law. The fact that the other party received the email and that it was not booted back by their system is proof that they accepted the message.M. Strisik, Esq.
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