Browse Arkansas Code titles and sections
28-2-217. Relation to Electronic Signatures in Global and National Commerce Act.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-2-217. Relation to Electronic Signatures in Global and National Commerce Act.
This subchapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Section 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. Section 7003(b)).
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-2-217
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:28-2-217
Source file: gov.ar.code.title.28.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 821b63c218ce3ea8e5f0de4dd661f5a0dd15eca3c2497252e465e29089b9fa93
Source location: content.xml paragraph 810
Stored source content
28-2-217. Relation to Electronic Signatures in Global and National Commerce Act.
This subchapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Section 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. Section 7003(b)).
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Notwithstanding any statute, regulation, or other rule of law (other than this subchapter and subchapter II), with respect to any transaction in or affecting interstate or foreign commerce—
(1) a signature, contract, or other record relating to such transaction may not be denied legal effect, validity, or enforceability solely because it is in electronic form; and
(2) a contract relating to such transaction may not be denied legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation.
**(b) Preservation of rights and obligations** This subchapter does not—
(1) limit, alter, or otherwise affect any requirement imposed by a statute, regulation, or rule of law relating to the rights and obligations of persons under such statute, regulation, or rule of law other than a requirement that contracts or other records be written, signed, or in nonelectronic form; or
(2) require any person to agree to use or accept electronic records or electronic signatures, other than a governmental agency with respect to a record other than a contract to which it is a party.
**(c) Consumer disclosures**
(1) **Consent to electronic records** — Notwithstanding subsection (a), if a statute, regulation, or other rule of law requires that information relating to a transaction or transactions in or affecting interstate or foreign commerce be provided or made available to a consumer in writing, the use of an electronic record to provide or make available (whichever is required) such information satisfies the requirement that such information be in writing if—
(A) the consumer has affirmatively consented to such use and has not withdrawn such consent;
(B) the consumer, prior to consenting, is provided wi
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 7001
Stored review status: release_metadata_unconfirmed. The source passage cites 15 U.S.C. § 7001. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 2304
TITLE 15—COMMERCE AND TRADE
§ 7001
CHAPTER 96—ELECTRONIC SIGNATURES IN
GLOBAL AND NATIONAL COMMERCE
SUBCHAPTER I—ELECTRONIC RECORDS AND
SIGNATURES IN COMMERCE
Sec.
7001.
General rule of validity.
7002.
Exemption to preemption.
7003.
Specific exceptions.
7004.
Applicability to Federal and State govern-
ments.
7005.
Studies.
7006.
Definitions.
SUBCHAPTER II—TRANSFERABLE RECORDS
7021.
Transferable records.
SUBCHAPTER III—PROMOTION OF
INTERNATIONAL ELECTRONIC COMMERCE
7031.
Principles governing the use of electronic sig-
natures in international transactions.
SUBCHAPTER I—ELECTRONIC RECORDS
AND SIGNATURES IN COMMERCE
§ 7001. General rule of validity
(a) In general
Notwithstanding any statute, regulation, or
other rule of law (other than this subchapter
and subchapter II), with respect to any trans-
action in or affecting interstate or foreign com-
merce—
(1) a signature, contract, or other record re-
lating to such transaction may not be denied
legal effect, validity, or enforceability solely
because it is in electronic form; and
(2) a contract relating to such transaction
may not be denied legal effect, validity, or en-
forceability solely because an electronic sig-
nature or electronic record was used in its for-
mation.
(b) Preservation of rights and obligations
This subchapter does not—
(1) limit, alter, or otherwise affect any re-
quirement imposed by a statute, regulation, or
rule of law relating to the rights and obliga-
tions of persons under such statute, regula-
tion, or rule of law other than a requirement
that contracts or other records be written,
signed, or in nonelectronic form; or
(2) require any person to agree to use or ac-
cept electronic records or electronic signa-
tures, other than a governmental agency
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 7001
Stored review status: historical_2024_not_currentness_verified. The source passage cites 15 U.S.C. § 7001. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Excepted requirements** The provisions of [section 7001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section7001&num=0&edition=prelim) shall not apply to a contract or other record to the extent it is governed by—
(1) a statute, regulation, or other rule of law governing the creation and execution of wills, codicils, or testamentary trusts;
(2) a State statute, regulation, or other rule of law governing adoption, divorce, or other matters of family law; or
(3) the Uniform Commercial Code, as in effect in any State, other than sections 1–107 and 1–206 and Articles 2 and 2A.
**(b) Additional exceptions** The provisions of [section 7001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section7001&num=0&edition=prelim) shall not apply to—
(1) court orders or notices, or official court documents (including briefs, pleadings, and other writings) required to be executed in connection with court proceedings;
(2) any notice of—
(A) the cancellation or termination of utility services (including water, heat, and power);
(B) default, acceleration, repossession, foreclosure, or eviction, or the right to cure, under a credit agreement secured by, or a rental agreement for, a primary residence of an individual;
(C) the cancellation or termination of health insurance or benefits or life insurance benefits (excluding annuities); or
(D) recall of a product, or material failure of a product, that risks endangering health or safety; or
(3) any document required to accompany any transportation or handling of hazardous materials, pesticides, or other toxic or dangerous materials.
**(c) Review of exceptions**
(1) **Evaluation required** — The Secretary of Commerce, acting through the Assistant
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 7003
Stored review status: release_metadata_unconfirmed. The source passage cites 15 U.S.C. § 7003. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 2306
TITLE 15—COMMERCE AND TRADE
§ 7002
signature may not be held liable for any defi-
ciency in the electronic procedures agreed to by
the parties under that contract if—
(1) the agent or broker has not engaged in
negligent, reckless, or intentional tortious
conduct;
(2) the agent or broker was not involved in
the development or establishment of such
electronic procedures; and
(3) the agent or broker did not deviate from
such procedures.
(Pub. L. 106–229, title I, § 101, June 30, 2000, 114
Stat. 464.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (c)(2)(B), was in
the original ‘‘this Act’’, meaning Pub. L. 106–229, June
30, 2000, 114 Stat. 464, which is classified principally to
this chapter. For complete classification of this Act to
the Code, see Short Title note below and Tables.
For the effective date of this subchapter, referred to
in subsec. (c)(5), see Effective Date note below.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 106–229, title I, § 107, June 30, 2000, 114 Stat.
473, provided that:
‘‘(a) IN GENERAL.—Except as provided in subsection
(b), this title [enacting this subchapter] shall be effec-
tive on October 1, 2000.
‘‘(b) EXCEPTIONS.—
‘‘(1) RECORD RETENTION.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B),
this title [enacting this subchapter] shall be effec-
tive on March 1, 2001, with respect to a requirement
that a record be retained imposed by—
‘‘(i) a Federal statute, regulation, or other rule
of law, or
‘‘(ii) a State statute, regulation, or other rule of
law administered or promulgated by a State regu-
latory agency.
‘‘(B)
DELAYED
EFFECT
FOR
PENDING
RULEMAKINGS.—If on March 1, 2001, a Federal regu-
latory agency or State regulatory agency has an-
nounced, proposed, or
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 7003
Stored review status: historical_2024_not_currentness_verified. The source passage cites 15 U.S.C. § 7003. This identifies an authority to review, not proof of applicability.