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#2242008 - 09/03/20 01:27 PM UETA Esign for Commercial customers
liventhedream Offline
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It is my understanding that ESIGN treats commercial and consumer transactions differently. For commercial transactions, the parties' agreement to conduct the transaction will be implied from the facts and circumstances surrounding the transaction or by an express statement of intent. Would the fact that commercial customer provided the financial institution with their email be enough for implicit consent? I would not need them to click and save any type of consent to move forward correct?

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#2242010 - 09/03/20 01:30 PM Re: UETA Esign for Commercial customers [Re: liventhedream]
rlcarey Offline
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rlcarey
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I am not sure how just providing an e-mail address represents any sort of agreement??
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#2242012 - 09/03/20 01:36 PM Re: UETA Esign for Commercial customers [Re: liventhedream]
liventhedream Offline
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Does anyone have a sample of a commercial customer esign agreement that they would be wiling to share?

Or would it be as simple as adding a statement that disclosures and documents will be delivered electronically to a click before deliver of the items, and once they click continue send them the disclosures?

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#2242014 - 09/03/20 01:51 PM Re: UETA Esign for Commercial customers [Re: liventhedream]
rlcarey Offline
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rlcarey
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Galveston, TX
The agreement would mirror the sort of agreement you use with consumers - just that demonstrable consent is not required.
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#2242022 - 09/03/20 02:40 PM Re: UETA Esign for Commercial customers [Re: liventhedream]
Richard Insley Offline
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Richard Insley
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Toano, VA
If you're in a UETA state, your better choice of law is your UETA. Service agreements, notes, and other contracts will be judged under your state law, and there may be case history to guide you. Anything related to contracts should be reviewed with your legal counsel, including this topic.
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#2242103 - 09/04/20 10:02 PM Re: UETA Esign for Commercial customers [Re: liventhedream]
Andy_Z Offline
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"Would the fact that commercial customer provided the financial institution with their email be enough for implicit consent?"

That doesn't sound like it completes an agreement, a meeting with both parties consent, unless you state - by providing your email you agree to... but that could be riddled with issues as you need to know who, what, where and when that this person is able to contract, as an example. Just the way the question was posed it gives the impression that you want to force the person into the agreement, in potentially a deceptive manner. You don't want that - you want a clean agreement with an understanding of terms by all parties.
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