---
kind: "section"
citation: "15 U.S.C. § 7001"
title: "15"
title_heading: "Commerce and Trade"
number: "7001"
heading: "General rule of validity"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/7001"
units:
  - "Chapter 96 — Electronic Signatures in Global and National Commerce"
  - "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 [transaction](/usc/15/7006.md?p=13) in or affecting interstate or foreign commerce—
  - (1) a signature, contract, or other [record](/usc/15/7006.md?p=9) relating to such [transaction](/usc/15/7006.md?p=13) may not be denied legal effect, validity, or enforceability solely because it is in [electronic](/usc/15/7006.md?p=2) form; and
  - (2) a contract relating to such [transaction](/usc/15/7006.md?p=13) may not be denied legal effect, validity, or enforceability solely because an [electronic signature](/usc/15/7006.md?p=5) or [electronic record](/usc/15/7006.md?p=4) was used in its formation.
- (b) **Preservation of rights and obligations—** This subchapter does not—
  - (1) limit, alter, or otherwise affect any [requirement](/usc/15/7006.md?p=10) imposed by a statute, regulation, or rule of law relating to the rights and obligations of [persons](/usc/15/7006.md?p=8) under such statute, regulation, or rule of law other than a [requirement](/usc/15/7006.md?p=10) that contracts or other [records](/usc/15/7006.md?p=9) be written, signed, or in nonelectronic form; or
  - (2) require any [person](/usc/15/7006.md?p=8) to agree to use or accept [electronic records](/usc/15/7006.md?p=4) or [electronic signatures](/usc/15/7006.md?p=5), other than a governmental agency with respect to a [record](/usc/15/7006.md?p=9) other than a contract to which it is a party.
- (c) **Consumer disclosures—**
  - (1) **Consent to electronic records—** Notwithstanding [subsection (a)](#a), if a statute, regulation, or other rule of law requires that [information](/usc/15/7006.md?p=7) relating to a [transaction](/usc/15/7006.md?p=13) or [transactions](/usc/15/7006.md?p=13) in or affecting interstate or foreign commerce be provided or made available to a [consumer](/usc/15/7006.md?p=1) in writing, the use of an [electronic record](/usc/15/7006.md?p=4) to provide or make available (whichever is required) such [information](/usc/15/7006.md?p=7) satisfies the [requirement](/usc/15/7006.md?p=10) that such [information](/usc/15/7006.md?p=7) be in writing if—
    - (A) the [consumer](/usc/15/7006.md?p=1) has affirmatively consented to such use and has not withdrawn such consent;
    - (B) the [consumer](/usc/15/7006.md?p=1), prior to consenting, is provided with a clear and conspicuous statement—
      - (i) informing the [consumer](/usc/15/7006.md?p=1) of (I) any right or option of the [consumer](/usc/15/7006.md?p=1) to have the [record](/usc/15/7006.md?p=9) provided or made available on paper or in nonelectronic form, and (II) the right of the [consumer](/usc/15/7006.md?p=1) to withdraw the consent to have the [record](/usc/15/7006.md?p=9) provided or made available in an [electronic](/usc/15/7006.md?p=2) form and of any conditions, consequences (which may include termination of the parties’ relationship), or fees in the event of such withdrawal;
      - (ii) informing the [consumer](/usc/15/7006.md?p=1) of whether the consent applies (I) only to the particular [transaction](/usc/15/7006.md?p=13) which gave rise to the obligation to provide the [record](/usc/15/7006.md?p=9), or (II) to identified categories of [records](/usc/15/7006.md?p=9) that may be provided or made available during the course of the parties’ relationship;
      - (iii) describing the procedures the [consumer](/usc/15/7006.md?p=1) must use to withdraw consent as provided in [clause (i)](#c-1-B-i) and to update [information](/usc/15/7006.md?p=7) needed to contact the [consumer](/usc/15/7006.md?p=1) electronically; and
      - (iv) informing the [consumer](/usc/15/7006.md?p=1) (I) how, after the consent, the [consumer](/usc/15/7006.md?p=1) may, upon request, obtain a paper copy of an [electronic record](/usc/15/7006.md?p=4), and (II) whether any fee will be charged for such copy;
    - (C) the [consumer](/usc/15/7006.md?p=1)—
      - (i) prior to consenting, is provided with a statement of the hardware and software [requirements](/usc/15/7006.md?p=10) for access to and retention of the [electronic records](/usc/15/7006.md?p=4); and
      - (ii) consents electronically, or confirms his or her consent electronically, in a manner that reasonably demonstrates that the [consumer](/usc/15/7006.md?p=1) can access [information](/usc/15/7006.md?p=7) in the [electronic](/usc/15/7006.md?p=2) form that will be used to provide the [information](/usc/15/7006.md?p=7) that is the subject of the consent; and
    - (D) after the consent of a [consumer](/usc/15/7006.md?p=1) in accordance with [subparagraph (A)](#c-1-A), if a change in the hardware or software [requirements](/usc/15/7006.md?p=10) needed to access or retain [electronic records](/usc/15/7006.md?p=4) creates a material risk that the [consumer](/usc/15/7006.md?p=1) will not be able to access or retain a subsequent [electronic record](/usc/15/7006.md?p=4) that was the subject of the consent, the [person](/usc/15/7006.md?p=8) providing the [electronic record](/usc/15/7006.md?p=4)—
      - (i) provides the [consumer](/usc/15/7006.md?p=1) with a statement of (I) the revised hardware and software [requirements](/usc/15/7006.md?p=10) for access to and retention of the [electronic records](/usc/15/7006.md?p=4), and (II) the right to withdraw consent without the imposition of any fees for such withdrawal and without the imposition of any condition or consequence that was not disclosed under [subparagraph (B)(i)](#c-1-B-i); and
      - (ii) again complies with [subparagraph (C)](#c-1-C).
  - (2) **Other rights—**
    - (A) **Preservation of consumer protections—** Nothing in this subchapter affects the content or timing of any disclosure or other [record](/usc/15/7006.md?p=9) required to be provided or made available to any [consumer](/usc/15/7006.md?p=1) under any statute, regulation, or other rule of law.
    - (B) **Verification or acknowledgment—** If a law that was enacted prior to this chapter expressly requires a [record](/usc/15/7006.md?p=9) to be provided or made available by a specified method that requires verification or acknowledgment of receipt, the [record](/usc/15/7006.md?p=9) may be provided or made available electronically only if the method used provides verification or acknowledgment of receipt (whichever is required).
  - (3) **Effect of failure to obtain electronic consent or confirmation of consent—** The legal effectiveness, validity, or enforceability of any contract executed by a [consumer](/usc/15/7006.md?p=1) shall not be denied solely because of the failure to obtain [electronic](/usc/15/7006.md?p=2) consent or confirmation of consent by that [consumer](/usc/15/7006.md?p=1) in accordance with [paragraph (1)(C)(ii)](#c-1-C-ii).
  - (4) **Prospective effect—** Withdrawal of consent by a [consumer](/usc/15/7006.md?p=1) shall not affect the legal effectiveness, validity, or enforceability of [electronic records](/usc/15/7006.md?p=4) provided or made available to that [consumer](/usc/15/7006.md?p=1) in accordance with [paragraph (1)](#c-1) prior to implementation of the [consumer](/usc/15/7006.md?p=1)’s withdrawal of consent. A [consumer](/usc/15/7006.md?p=1)’s withdrawal of consent shall be effective within a reasonable period of time after receipt of the withdrawal by the provider of the [record](/usc/15/7006.md?p=9). Failure to comply with [paragraph (1)(D)](#c-1-D) may, at the election of the [consumer](/usc/15/7006.md?p=1), be treated as a withdrawal of consent for purposes of this paragraph.
  - (5) **Prior consent—** This subsection does not apply to any [records](/usc/15/7006.md?p=9) that are provided or made available to a [consumer](/usc/15/7006.md?p=1) who has consented prior to the effective date of this subchapter to receive such [records](/usc/15/7006.md?p=9) in [electronic](/usc/15/7006.md?p=2) form as permitted by any statute, regulation, or other rule of law.
  - (6) **Oral communications—** An oral communication or a recording of an oral communication shall not qualify as an [electronic record](/usc/15/7006.md?p=4) for purposes of this subsection except as otherwise provided under applicable law.
- (d) **Retention of contracts and records—**
  - (1) **Accuracy and accessibility—** If a statute, regulation, or other rule of law requires that a contract or other [record](/usc/15/7006.md?p=9) relating to a [transaction](/usc/15/7006.md?p=13) in or affecting interstate or foreign commerce be retained, that [requirement](/usc/15/7006.md?p=10) is met by retaining an [electronic record](/usc/15/7006.md?p=4) of the [information](/usc/15/7006.md?p=7) in the contract or other [record](/usc/15/7006.md?p=9) that—
    - (A) accurately reflects the [information](/usc/15/7006.md?p=7) set forth in the contract or other [record](/usc/15/7006.md?p=9); and
    - (B) remains accessible to all [persons](/usc/15/7006.md?p=8) who are entitled to access by statute, regulation, or rule of law, for the period required by such statute, regulation, or rule of law, in a form that is capable of being accurately reproduced for later reference, whether by transmission, printing, or otherwise.
  - (2) **Exception—** A [requirement](/usc/15/7006.md?p=10) to retain a contract or other [record](/usc/15/7006.md?p=9) in accordance with [paragraph (1)](#d-1) does not apply to any [information](/usc/15/7006.md?p=7) whose sole purpose is to enable the contract or other [record](/usc/15/7006.md?p=9) to be sent, communicated, or received.
  - (3) **Originals—** If a statute, regulation, or other rule of law requires a contract or other [record](/usc/15/7006.md?p=9) relating to a [transaction](/usc/15/7006.md?p=13) in or affecting interstate or foreign commerce to be provided, available, or retained in its original form, or provides consequences if the contract or other [record](/usc/15/7006.md?p=9) is not provided, available, or retained in its original form, that statute, regulation, or rule of law is satisfied by an [electronic record](/usc/15/7006.md?p=4) that complies with [paragraph (1)](#d-1).
  - (4) **Checks—** If a statute, regulation, or other rule of law requires the retention of a check, that [requirement](/usc/15/7006.md?p=10) is satisfied by retention of an [electronic record](/usc/15/7006.md?p=4) of the [information](/usc/15/7006.md?p=7) on the front and back of the check in accordance with [paragraph (1)](#d-1).
- (e) **Accuracy and ability to retain contracts and other records—** Notwithstanding [subsection (a)](#a), if a statute, regulation, or other rule of law requires that a contract or other [record](/usc/15/7006.md?p=9) relating to a [transaction](/usc/15/7006.md?p=13) in or affecting interstate or foreign commerce be in writing, the legal effect, validity, or enforceability of an [electronic record](/usc/15/7006.md?p=4) of such contract or other [record](/usc/15/7006.md?p=9) may be denied if such [electronic record](/usc/15/7006.md?p=4) is not in a form that is capable of being retained and accurately reproduced for later reference by all parties or [persons](/usc/15/7006.md?p=8) who are entitled to retain the contract or other [record](/usc/15/7006.md?p=9).
- (f) **Proximity—** Nothing in this subchapter affects the proximity required by any statute, regulation, or other rule of law with respect to any warning, notice, disclosure, or other [record](/usc/15/7006.md?p=9) required to be posted, displayed, or publicly affixed.
- (g) **Notarization and acknowledgment—** If a statute, regulation, or other rule of law requires a signature or [record](/usc/15/7006.md?p=9) relating to a [transaction](/usc/15/7006.md?p=13) in or affecting interstate or foreign commerce to be notarized, acknowledged, verified, or made under oath, that [requirement](/usc/15/7006.md?p=10) is satisfied if the [electronic signature](/usc/15/7006.md?p=5) of the [person](/usc/15/7006.md?p=8) authorized to perform those acts, together with all other [information](/usc/15/7006.md?p=7) required to be included by other applicable statute, regulation, or rule of law, is attached to or logically associated with the signature or [record](/usc/15/7006.md?p=9).
- (h) **Electronic agents—** A contract or other [record](/usc/15/7006.md?p=9) relating to a [transaction](/usc/15/7006.md?p=13) in or affecting interstate or foreign commerce may not be denied legal effect, validity, or enforceability solely because its formation, creation, or delivery involved the action of one or more [electronic agents](/usc/15/7006.md?p=3) so long as the action of any such [electronic agent](/usc/15/7006.md?p=3) is legally attributable to the [person](/usc/15/7006.md?p=8) to be bound.
- (i) **Insurance—** It is the specific intent of the Congress that this subchapter and subchapter II apply to the business of insurance.
- (j) **Insurance agents and brokers—** An insurance agent or broker acting under the direction of a party that enters into a contract by means of an [electronic record](/usc/15/7006.md?p=4) or [electronic signature](/usc/15/7006.md?p=5) may not be held liable for any deficiency in the [electronic](/usc/15/7006.md?p=2) 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](/usc/15/7006.md?p=2) procedures; and
  - (3) the agent or broker did not deviate from such procedures.

## Source credit

(Pub. L. 106–229, title I, § 101, June 30, 2000, 114 Stat. 464.)

## Notes

### 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: In General.—Except as provided in subsection (b), this title [enacting this subchapter] shall be effective on October 1, 2000.Exceptions.—Record retention.— In general.—Subject to subparagraph (B), this title [enacting this subchapter] shall be effective on March 1, 2001, with respect to a requirement that a record be retained imposed by— a Federal statute, regulation, or other rule of law, or a State statute, regulation, or other rule of law administered or promulgated by a State regulatory agency. Delayed effect for pending rulemakings.—If on March 1, 2001, a Federal regulatory agency or State regulatory agency has announced, proposed, or initiated, but not completed, a rulemaking proceeding to prescribe a regulation under section 104(b)(3) [15 U.S.C. 7004(b)(3)] with respect to a requirement described in subparagraph (A), this title shall be effective on June 1, 2001, with respect to such requirement. Certain guaranteed and insured loans.—With regard to any transaction involving a loan guarantee or loan guarantee commitment (as those terms are defined in section 502 of the Federal Credit Reform Act of 1990 [2 U.S.C. 661a]), or involving a program listed in the Federal Credit Supplement, Budget of the United States, FY 2001, this title applies only to such transactions entered into, and to any loan or mortgage made, insured, or guaranteed by the United States Government thereunder, on and after one year after the date of enactment of this Act [June 30, 2000]. Student loans.—With respect to any records that are provided or made available to a consumer pursuant to an application for a loan, or a loan made, pursuant to title IV of the Higher Education Act of 1965 [20 U.S.C. 1070 et seq.], section 101(c) of this Act [15 U.S.C. 7001(c)] shall not apply until the earlier of— such time as the Secretary of Education publishes revised promissory notes under section 432(m) of the Higher Education Act of 1965 [20 U.S.C. 1082(m)]; or one year after the date of enactment of this Act [June 30, 2000].”

### Short Title

Pub. L. 106–229, § 1, June 30, 2000, 114 Stat. 464, provided that: “This Act [enacting this chapter and amending provisions set out as a note under section 231 of Title 47, Telecommunications] may be cited as the ‘Electronic Signatures in Global and National Commerce Act’.”