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Be sure your Disclosure and Consent to Electronic Communication is updated
July 16,  2024
Be sure your Disclosure and Consent to Electronic Communication is updated
            Some of you are moving towards electronic signatures on contracts and many of you are already using electronic contracts with your subscribers.  There are a number of services you can use for electronic contracts.  My office uses Adobe Esign.  We prepare the contract in house and send out for signature.  Many of you use Docusign, which I believe did or does provide the consumer disclosure and consent form; other services may offer the form as part of their package.
            Consumer contracts that are executed electronically, rather than paper format, need to have a disclosure and consent to electronic communication in a separate document. This is the only way you can comply with the consumer laws requiring certain notice and delivery of the signed documents to the consumer, other than delaying the transaction until you actually delivery hard copies if executed documents, which will extend the 3 day period from execution most cases.
            I haven’t focused on the form: CONSUMER DISCLOSURE AND CONSENT TO ELECTRONIC COMMUNICATIONS   It needs to be updated regularly, just like the other form agreements.  The need for updates is driven by changes in technology.  The issue is that you are required to give the consumer notice of what type of operating system will be needed in order to execute your electronic document and then receive a fully executed copy, along with the Three Day Cancellation Form, a requirement in consumer contracts. 
            The CONSUMER DISCLOSURE AND CONSENT TO ELECTRONIC COMMUNICATIONS was updated as of January 2023.  If you don’t have that form updated to that version and you are doing electronic signatures on consumer contracts, get the CONSUMER DISCLOSURE AND CONSENT TO ELECTRONIC COMMUNICATIONS updated today.

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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301