15 U.S.C. §7001 — Electronic Signatures in Global and National Commerce Act: general rule of validity
E-Sign Act §101 (Pub. L. 106-229). General rule that electronic records and signatures may not be denied legal effect solely because of electronic form; consumer-disclosure regime governing when an electronic record satisfies a writing-required-by-law obligation (affirmative consent, hardware/software statement, demonstrated-access electronic-consent confirmation, material- change reaffirmation); and retention rules for electronic records (accurate reflection + accessibility + reproducibility) that satisfy retention-required-by-law obligations. Load-bearing consumer-disclosure duties for [LENDER]'s use of e-disclosures under TILA / RESPA / ECOA / FCRA. Bootstrap target for Round C promotion; obligations populated from candidate file.
Verbatim regulatory text
Verbatim provisions from 15 U.S.C. §7001 — Electronic Signatures in Global and National Commerce Act: general rule of validity — each quote is a verified substring of the regulator-published source snapshot, not retyped. Quoted for reference; this is not legal advice. The operational layer (P&P updates, prompts) lives in the regulation update kits.
15 U.S.C. §7001(c)(1)(A) — Affirmative consumer consent to electronic records
the consumer has affirmatively consented to such use and has not withdrawn such consent;
15 U.S.C. §7001(c)(1)(B) — Pre-consent clear and conspicuous disclosure
the consumer , prior to consenting, is provided with a clear and conspicuous statement—
15 U.S.C. §7001(c)(1)(C) — Hardware/software statement and demonstrated-access electronic consent
prior to consenting, is provided with a statement of the hardware and software requirements for access to and retention of the electronic records ; and
15 U.S.C. §7001(c)(1)(D) — Post-consent material-change reaffirmation
after the consent of a consumer in accordance with subparagraph (A), if a change in the hardware or software requirements needed to access or retain electronic records creates a material risk that the consumer will not be able to access or retain a subsequent electronic record that was the subject of the consent, the person providing the electronic record —
15 U.S.C. §7001(d)(1) — Retention of electronic records: accuracy and accessibility
If a statute, regulation, or other rule of law requires that a contract or other record relating to a transaction in or affecting interstate or foreign commerce be retained, that requirement is met by retaining an electronic record of the information in the contract or other record that—
15 U.S.C. §7001(c)(1)(B) — Pre-consent clear and conspicuous disclosure — enumerated items (chapeau recall fix)
(i) informing the consumer of (I) any right or option of the consumer to have the record provided or made available on paper or in nonelectronic form, and (II) the right of the consumer to withdraw the consent to have the record provided or made available in an electronic 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 of whether the consent applies (I) only to the particular transaction which gave rise to the obligation to provide the record, or (II) to identified categories of records that may be provided or made available during the course of the parties’ relationship; (iii) describing the procedures the consumer must use to withdraw consent as provided in clause (i) and to update information needed to contact the consumer electronically; and (iv) informing the consumer (I) how, after the consent, the consumer may, upon request, obtain a paper copy of an electronic record , and (II) whether any fee will be charged for such copy; (C) the consumer — (i) prior to consenting, is provided with a statement of the hardware and software requirements for access to and retention of the electronic records ; and (ii) consents electronically, or confirms his or her consent electronically, in a manner that reasonably demonstrates that the consumer can access information in the electronic form that will be used to provide the information that is the subject of the consent;
15 U.S.C. §7001(c)(1)(D) — Post-consent material-change reaffirmation — enumerated items (chapeau recall fix)
(i) provides the consumer with a statement of (I) the revised hardware and software requirements for access to and retention of the electronic records , 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); and (ii) again complies with subparagraph (C).