15 U.S.C. § 7006

Definitions

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For purposes of this subchapter:(1) Consumer

The term “consumer” means an individual who obtains, through a transaction, products or services which are used primarily for personal, family, or household purposes, and also means the legal representative of such an individual.

(2) Electronic

The term “electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(3) Electronic agent

The term “electronic agent” means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part without review or action by an individual at the time of the action or response.

(4) Electronic record

The term “electronic record” means a contract or other record created, generated, sent, communicated, received, or stored by electronic means.

(5) Electronic signature

The term “electronic signature” means an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record.

(6) Federal regulatory agency

The term “Federal regulatory agency” means an agency, as that term is defined in section 552(f) of title 5.

(7) Information

The term “information” means data, text, images, sounds, codes, computer programs, software, databases, or the like.

(8) Person

The term “person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity.

(9) Record

The term “record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(10) Requirement

The term “requirement” includes a prohibition.

(11) Self-regulatory organization

The term “self-regulatory organization” means an organization or entity that is not a Federal regulatory agency or a State, but that is under the supervision of a Federal regulatory agency and is authorized under Federal law to adopt and administer rules applicable to its members that are enforced by such organization or entity, by a Federal regulatory agency, or by another self-regulatory organization.

(12) State

The term “State” includes the District of Columbia and the territories and possessions of the United States.

(13) TransactionThe term “transaction” means an action or set of actions relating to the conduct of business, consumer, or commercial affairs between two or more persons, including any of the following types of conduct—(A) the sale, lease, exchange, licensing, or other disposition of (i) personal property, including goods and intangibles, (ii) services, and (iii) any combination thereof; and(B) the sale, lease, exchange, or other disposition of any interest in real property, or any combination thereof.(Pub. L. 106–229, title I, § 106, June 30, 2000, 114 Stat. 472.)Statutory Notes and Related SubsidiariesEffective Date

Section effective Oct. 1, 2000, with exceptions relating to record retention and certain loans, see section 107 of Pub. L. 106–229, set out as a note under section 7001 of this title.

Notes of Decisions

Cited in 16 cases (4 in the last 5 years), 2002–2025 · leading case: Rio Props., Inc. v. Rio Int'l Interlink, Rio Props., Inc. v. Rio Int'l Interlink, 284 F.3d 1007 (9th Cir. 2002).

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Rio Props., Inc. v. Rio Int'l Interlink, Rio Props., Inc. v. Rio Int'l Interlink, 284 F.3d 1007 (9th Cir. 2002). “The term "Electronic Signature” is defined in 15 U.S.C. § 7006 as: [A]n electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record.”

Sawyer v. Mills, 295 S.W.3d 79 (Ky. 2009). · cites it 2× “*88 § 7006(2)’s broad definition of “electronic,” the tape recording is electronic, and it is an “electronic record” because it was a “record created” and “stored by electronic means” under 15 U.S.C. § 7006 (4). However, contrary to Sawyer’s assertions, Mills’s voice does not…”

Naldi v. Grunberg, 80 A.D.3d 1 (N.Y. App. Div. 2010). · cites it 2× “E-SIGN defines the same term as “a contract or other record created, generated, sent, communicated, received, or stored by electronic means” ( 15 USC § 7006 [4]). . While the applicable statute of frauds requires a signature or other subscription by the party to be charged or…”

Buckles Mgmt., LLC v. Investordigs, LLC, 728 F. Supp. 2d 1145 (D. Colo. 2010). · cites it 3× “15 U.S.C.A. § 7006 (5). See generally Kaufman v.”

Fed. Trade Comm'n v. IFC Credit Corp., 543 F. Supp. 2d 925 (N.D. Ill. 2008). “When Congress wants to limit consumer protection, it does so explicitly as it did in Magnuson-Moss and in the Electronic Signature in Global and National Commerce Act, 15 U.S.C. § 7006 (2005). There, Congress defined consumer as “an individual who obtains, through a transaction,…”

Warner v. Tinder Inc., 105 F. Supp. 3d 1083 (C.D. Cal. 2015). “11, 2011) (citing 15 U.S.C. § 7006 (5) (“The term ‘electronic signature’ means an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record”)).”

Hamdi Halal Mkt. LLC v. United States, 947 F. Supp. 2d 159 (D. Mass. 2013). “” 15 U.S.C. § 7006 . While it might be the norm to use a scanned handwritten signature or even a “/s/” as an electronic signature, these customs are by no means the only marks acceptable to authenticate documents.”

People v. McFarlan, 191 Misc. 2d 531 (N.Y. Sup. Ct. 2002). · cites it 2× “) While the thrust of E-Sign, that it relates to “transactions in or affecting interstate commerce,” when applied to the instant case, would seem to exclude the police records used in this case, as there is no transaction as defined by *539 15 USC § 7006 (13), the effect of…”

Princeton Indus., Prods., Inc. v. Precision Metals Corp., 120 F. Supp. 3d 812 (N.D. Ill. 2015). “” 15 U.S.C. § 7006 (5). Then, of course, there is the Seventh Circuit’s decision in Cloud Corp.”

Miller v. Quest Diagnostics, 85 F. Supp. 3d 1058 (W.D. Mo. 2015). · cites it 2× “15 U.S.C. § 7006 (13). *1063 Furthermore, the FTC has recognized the applicability of the E-Sign Act to the acquisition of consumer reports.”

Apprio, Inc. v. Zaccari (D.D.C. 2022). “Statute of Frauds Zaccari makes a separate but related argument that as a matter of law, the E-Sign Act cannot apply since “Apprio cannot produce any evidence of Zaccari’s assent” to the PIIA, Opp’n at 16–17, and under the Act, an electronic signature is effective only if it is…”

Mizel v. Unified Capital Partners 3 LLC (S.D.N.Y. 2022). “See 15 U.S.C. § 7006 (5); 6 Del. C. § 17-113(a)(2).”

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