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15 U.S.C. § 7006 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
For purposes of this subchapter:
(1) **Consumer** — The term “consumer” means an individual who obtains, through a transaction, products or services which are used primarily for personal, family, or household purposes, and also means the legal representative of such an individual.
(2) **Electronic** — The term “electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(3) **Electronic agent** — The term “electronic agent” means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part without review or action by an individual at the time of the action or response.
(4) **Electronic record** — The term “electronic record” means a contract or other record created, generated, sent, communicated, received, or stored by electronic means.
(5) **Electronic signature** — The term “electronic signature” means an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record.
(6) **Federal regulatory agency** — The term “Federal regulatory agency” means an agency, as that term is defined in [section 552(f) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/f&num=0&edition=prelim).
(7) **Information** — The term “information” means data, text, images, sounds, codes, computer programs, software, databases, or the like.
(8) **Person** — The term “person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any o
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Source location: Title 15, Chapter 96, § 7006; chapter-096-electronic-signatures-in-global-and-national-commerce.md
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For purposes of this subchapter:
(1) **Consumer** — The term “consumer” means an individual who obtains, through a transaction, products or services which are used primarily for personal, family, or household purposes, and also means the legal representative of such an individual.
(2) **Electronic** — The term “electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(3) **Electronic agent** — The term “electronic agent” means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part without review or action by an individual at the time of the action or response.
(4) **Electronic record** — The term “electronic record” means a contract or other record created, generated, sent, communicated, received, or stored by electronic means.
(5) **Electronic signature** — The term “electronic signature” means an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record.
(6) **Federal regulatory agency** — The term “Federal regulatory agency” means an agency, as that term is defined in [section 552(f) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/f&num=0&edition=prelim).
(7) **Information** — The term “information” means data, text, images, sounds, codes, computer programs, software, databases, or the like.
(8) **Person** — The term “person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity.
(9) **Record** — The term “record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(10) **Requirement** — The term “requirement” includes a prohibition.
(11) **Self-regulatory organization** — The term “self-regulatory organization” means an organization or entity that is not a Federal regulatory agency or a State, but that is under the supervision of a Federal regulatory agency and is authorized under Federal law to adopt and administer rules applicable to its members that are enforced by such organization or entity, by a Federal regulatory agency, or by another self-regulatory organization.
(12) **State** — The term “State” includes the District of Columbia and the territories and possessions of the United States.
(13) **Transaction** — The term “transaction” means an action or set of actions relating to the conduct of business, consumer, or commercial affairs between two or more persons, including any of the following types of conduct—
(A) the sale, lease, exchange, licensing, or other disposition of (i) personal property, including goods and intangibles, (ii) services, and (iii) any combination thereof; and
(B) the sale, lease, exchange, or other disposition of any interest in real property, or any combination thereof.
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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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** For purposes of this section:
(1) **Transferable record** — The term “transferable record” means an electronic record that—
(A) would be a note under Article 3 of the Uniform Commercial Code if the electronic record were in writing;
(B) the issuer of the electronic record expressly has agreed is a transferable record; and
(C) relates to a loan secured by real property.
A transferable record may be executed using an electronic signature.
(2) **Other definitions** — The terms “electronic record”, “electronic signature”, and “person” have the same meanings provided in [section 7006 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section7006&num=0&edition=prelim).
**(b) Control** A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes that person as the person to which the transferable record was issued or transferred.
**(c) Conditions** A system satisfies subsection (b), and a person is deemed to have control of a transferable record, if the transferable record is created, stored, and assigned in such a manner that—
(1) a single authoritative copy of the transferable record exists which is unique, identifiable, and, except as otherwise provided in paragraphs (4), (5), and (6), unalterable;
(2) the authoritative copy identifies the person asserting control as—
(A) the person to which the transferable record was issued; or
(B) if the authoritative copy indicates that the transferable record has been transferred, the person to which the transferable record was most recently transferred;
(3) the authoritative copy is communicated to and maintained by the person asserting control or its designated cus
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Promotion of electronic signatures**
(1) **Required actions** — The Secretary of Commerce shall promote the acceptance and use, on an international basis, of electronic signatures in accordance with the principles specified in paragraph (2) and in a manner consistent with [section 7001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section7001&num=0&edition=prelim). The Secretary of Commerce shall take all actions necessary in a manner consistent with such principles to eliminate or reduce, to the maximum extent possible, the impediments to commerce in electronic signatures, for the purpose of facilitating the development of interstate and foreign commerce.
(2) **Principles** — The principles specified in this paragraph are the following:
(A) Remove paper-based obstacles to electronic transactions by adopting relevant principles from the Model Law on Electronic Commerce adopted in 1996 by the United Nations Commission on International Trade Law.
(B) Permit parties to a transaction to determine the appropriate authentication technologies and implementation models for their transactions, with assurance that those technologies and implementation models will be recognized and enforced.
(C) Permit parties to a transaction to have the opportunity to prove in court or other proceedings that their authentication approaches and their transactions are valid.
(D) Take a nondiscriminatory approach to electronic signatures and authentication methods from other jurisdictions.
**(b) Consultation** In conducting the activities required by this section, the Secretary shall consult with users and providers of electronic signature products and services and other interested persons.
**(c) Definitions** As used in this section, the
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Purpose** The purpose of this section is to reduce the prevalence of synthetic identity fraud, which disproportionally affects vulnerable populations, such as minors and recent immigrants, by facilitating the validation by permitted entities of fraud protection data, pursuant to electronically received consumer consent, through use of a database maintained by the Commissioner.
**(b) Definitions** In this section:
(1) **Commissioner** — The term “Commissioner” means the Commissioner of the Social Security Administration.
(2) **Financial institution** — The term “financial institution” has the meaning given the term in section 509 of the Gramm-Leach-Bliley Act ([15 U.S.C. 6809](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6809&num=0&edition=prelim)).
(3) **Fraud protection data** — The term “fraud protection data” means a combination of the following information with respect to an individual:
(A) The name of the individual (including the first name and any family forename or surname of the individual).
(B) The social security number of the individual.
(C) The date of birth (including the month, day, and year) of the individual.
(4) **Permitted entity** — The term “permitted entity” means a financial institution or a service provider, subsidiary, affiliate, agent, subcontractor, or assignee of a financial institution.
**(c) Efficiency**
(1) **Reliance on existing methods** — The Commissioner shall evaluate the feasibility of making modifications to any database that is in existence as of May 24, 2018, or a similar resource such that the database or resource—
(A) is reasonably designed to effectuate the purpose of this section; and
(B) meets the requirements of subsection (d).
(2) **Execution** — The Commissioner s
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Federal law — U.S. Code and appendices · legal_authorities
Page 2309
TITLE 15—COMMERCE AND TRADE
§ 7021
on electronic commerce by that provision;
whether the benefits outweigh the burdens;
whether the absence of the procedure required
by section 7001(c)(1)(C)(ii) of this title would in-
crease the incidence of fraud directed against
consumers; and suggesting any revisions to the
provision deemed appropriate by the Secretary
and the Commission. In conducting this evalua-
tion, the Secretary and the Commission shall
solicit comment from the general public, con-
sumer representatives, and electronic commerce
businesses.
(Pub. L. 106–229, title I, § 105, June 30, 2000, 114
Stat. 471.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Oct. 1, 2000, with exceptions relating
to record retention and certain loans, see section 107 of
Pub. L. 106–229, set out as a note under section 7001 of
this title.
§ 7006. Definitions
For purposes of this subchapter:
(1) Consumer
The term ‘‘consumer’’ means an individual
who obtains, through a transaction, products
or services which are used primarily for per-
sonal, family, or household purposes, and also
means the legal representative of such an indi-
vidual.
(2) Electronic
The term ‘‘electronic’’ means relating to
technology having electrical, digital, mag-
netic, wireless, optical, electromagnetic, or
similar capabilities.
(3) Electronic agent
The term ‘‘electronic agent’’ means a com-
puter program or an electronic or other auto-
mated means used independently to initiate
an action or respond to electronic records or
performances in whole or in part without re-
view or action by an individual at the time of
the action or response.
(4) Electronic record
The term ‘‘electronic record’’ means a con-
tract or other record created, generated, se
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 7006
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