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#1092133 - 12/04/08 09:49 PM Is a fax subject to E-Sign?
Busy body Offline
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Posts: 160
Texas
I'm wondering if a fax falls under the definition of "electronic" for E-Sign: "The term “electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities." I was thinking that it does not, unless it is a fax delivered via e-mail. But others disagree because it is an image. I'd appreciate some advice on this, as I know our mortgage department is faxing some scanned disclosures to consumers without jumping through the E-sign hoops.

Thanks!

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eBanking / Technology
#1092245 - 12/05/08 12:55 AM Re: Is a fax subject to E-Sign? Busy body
Richard Insley Online
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Richard Insley
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Toano, VA
Good question. I don't think Congress had FAXs in mind when it enacted ESIGN, but there's nothing in the statute that addresses them one way or another.
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#1093040 - 12/05/08 11:27 PM Re: Is a fax subject to E-Sign? Richard Insley
Andy_Z Offline
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I'd question the security of such transactions and how you verify it is your customer. If you are satisfied with that, it is moot. My own opinion is that it is a more traditional wet ink transaction and not E-Sign. But I can see the argument.
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