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15 U.S.C. § 7003 — Specific exceptions

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 7003 — Specific exceptions

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Source file: Laws/federal/codes/united-states-code/title-15/section-7003-specific-exceptions--cae330215d.md
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Source location: Title 15, Chapter 96, § 7003; chapter-096-electronic-signatures-in-global-and-national-commerce.md

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**(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 Secretary for Communications and Information, shall review the operation of the exceptions in subsections (a) and (b) to evaluate, over a period of 3 years, whether such exceptions continue to be necessary for the protection of consumers. Within 3 years after June 30, 2000, the Assistant Secretary shall submit a report to the Congress on the results of such evaluation. (2) **Determinations** — If a Federal regulatory agency, with respect to matter within its jurisdiction, determines after notice and an opportunity for public comment, and publishes a finding, that one or more such exceptions are no longer necessary for the protection of consumers and eliminating such exceptions will not increase the material risk of harm to consumers, such agency may extend the application of [section 7001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section7001&num=0&edition=prelim) to the exceptions identified in such finding.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 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 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

15 U.S.C. § 7003 — Specific exceptions

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

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