US Codex
U.S.C.
Notes

§7001. General rule of validity — Inbound Citations

15 U.S.C. § 7001

Cited by 16 provisions in release 119-102.

Citations to 15 U.S.C. § 7001 as a whole

  • 15 U.S.C. § 1693o–1(a)(3)(B)
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    (B) with respect to any transaction that a sender conducts electronically, comply with the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001 et seq.).
  • 15 U.S.C. § 7002(a)
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    (a) A State statute, regulation, or other rule of law may modify, limit, or supersede the provisions of section 7001 of this title with respect to State law only if such statute, regulation, or rule of law—
    (1) constitutes an enactment or adoption of the Uniform Electronic Transactions Act as approved and recommended for enactment in all the States by the National Conference of Commissioners on Uniform State Laws in 1999, except that any exception to the scope of such Act enacted by a State under section 3(b)(4) of such Act shall be preempted to the extent such exception is inconsistent with this subchapter or subchapter II, or would not be permitted under paragraph (2)(A)(ii) of this subsection; or
    (A) specifies the alternative procedures or requirements for the use or acceptance (or both) of electronic records or electronic signatures to establish the legal effect, validity, or enforceability of contracts or other records, if—
    (i) such alternative procedures or requirements are consistent with this subchapter and subchapter II; and
    (ii) such alternative procedures or requirements do not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification for performing the functions of creating, storing, generating, receiving, communicating, or authenticating electronic records or electronic signatures; and
    (B) if enacted or adopted after June 30, 2000, makes specific reference to this chapter.
  • 15 U.S.C. § 7003(a)
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    (a) The provisions of section 7001 of this title 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.
  • 15 U.S.C. § 7003(b)
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    (b) The provisions of section 7001 of this title 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.
  • 15 U.S.C. § 7003(c)(2)
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    (2) 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 to the exceptions identified in such finding.
  • 15 U.S.C. § 7004(b)(1)
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    (1) Subject to paragraph (2) and subsection (c), a Federal regulatory agency or State regulatory agency that is responsible for rulemaking under any other statute may interpret section 7001 of this title with respect to such statute through—
    (A) the issuance of regulations pursuant to a statute; or
    (B) to the extent such agency is authorized by statute to issue orders or guidance, the issuance of orders or guidance of general applicability that are publicly available and published (in the Federal Register in the case of an order or guidance issued by a Federal regulatory agency).
    This paragraph does not grant any Federal regulatory agency or State regulatory agency authority to issue regulations, orders, or guidance pursuant to any statute that does not authorize such issuance.
  • 15 U.S.C. § 7004(b)(2)
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    (2) Notwithstanding paragraph (1), a Federal regulatory agency shall not adopt any regulation, order, or guidance described in paragraph (1), and a State regulatory agency is preempted by section 7001 of this title from adopting any regulation, order, or guidance described in paragraph (1), unless—
    (A) such regulation, order, or guidance is consistent with section 7001 of this title;
    (B) such regulation, order, or guidance does not add to the requirements of such section; and
    (C) such agency finds, in connection with the issuance of such regulation, order, or guidance, that—
    (i) there is a substantial justification for the regulation, order, or guidance;
    (ii) the methods selected to carry out that purpose—
    (I) are substantially equivalent to the requirements imposed on records that are not electronic records; and
    (II) will not impose unreasonable costs on the acceptance and use of electronic records; and
    (iii) the methods selected to carry out that purpose do not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification for performing the functions of creating, storing, generating, receiving, communicating, or authenticating electronic records or electronic signatures.
  • 15 U.S.C. § 7004(b)(2)(A)
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    (A) such regulation, order, or guidance is consistent with section 7001 of this title;
  • 15 U.S.C. § 7031(a)(1)
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    (1) 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. 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.
  • 49 U.S.C. § 60109(f)
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    (f) The Secretary shall establish procedures requiring certification of annual and semiannual pipeline integrity management program performance reports by a senior executive officer of the company operating a pipeline subject to this chapter. The procedures shall require a signed statement, which may be effected electronically in accordance with the provisions of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001 et seq.), certifying that—
    (1) the signing officer has reviewed the report; and
    (2) to the best of such officer’s knowledge and belief, the report is true and complete.

Citations to §7001(c)

Citations to §7001(c)(1)(C)(ii)

  • 15 U.S.C. § 7005(b)
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    (b) Within 12 months after June 30, 2000, the Secretary of Commerce and the Federal Trade Commission shall submit a report to the Congress evaluating any benefits provided to consumers by the procedure required by section 7001(c)(1)(C)(ii) of this title; any burdens imposed 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 increase 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 evaluation, the Secretary and the Commission shall solicit comment from the general public, consumer representatives, and electronic commerce businesses.

Citations to §7001(d)