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Should Disclosure And Consent To Electronic Communication Be Separate Document - October 29, 2016


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SHOULD DISCLOSURE AND CONSENT TO ELECTRONIC COMMUNICATION BE SEPARATE DOCUMENT 
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Ken,
    Can this Disclosure and Consent to Electronic Communication  be added to our terms and conditions off the Residential All In One that we purchased from you? We use your terms on our electronic contracts.
    Thank you,
Roman
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RESPONSE
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    This is a follow up to the article on October 22, 2016.  Consumer contracts have certain requirements, including for example providing a written notice of cancellation form and providing a fully executed copy of the signed contract.  When you are getting your contracts signed electronically it's not efficient or perhaps even possible to comply with the consumer laws, technically.  That's where the Disclosure and Consent to Electronic Communication comes into play.  But this is an agreement and before you can utilize electronic contracts you need to get this Disclosure and Consent to Electronic Communication form signed.
    I am not comfortable including the terms of the Disclosure and Consent to Electronic Communication in the Standard Form Agreements.  There are already enough terms and conditions and provisions in these agreements and burying one more term, especially one that deals with consumer notices, seems contraproductive.  So whether it can be legally done or not, that is not how I am designing it and not how I am presenting it to you.
    But its easy enough to use with your electronic contract.  In fact it can be on the same "page".  You would have a single page that starts with the Disclosure and Consent to Electronic Communication form and then has the Standard Form Agreement [an All in One] following.  In a sense it's a single document.  The subscriber should be required to "sign" after the Disclosure and Consent to Electronic Communication and again after the Standard Form Agreement.  
    Here is the article that prompted this inquiry
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CANCELLATION NOTICE - ELECTRONICALLY  10/22/16
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Ken
    If we use an electronic signature platform (e.g. Docusign), how do we handle the 3 Day Notice of Cancellation?   Does it still need to be in triplicate (3 PDF pages – all initialed by the customer), or can we just show the page once for them since they could print multiple copies if they wished?
    Thank you very much.
David
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RESPONSE
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    You should be using our Disclosure and Consent to Electronic Communication agreement, now available as a Standardized Form.  This form will permit you to comply with consumer requirements for contracts electronically.  
    Since the 3 day Cancellation form is statutory in most states I suggest that you add additional language in bold and perhaps highlighted.  This should work:
TO CANCEL THIS TRANSACTION, MAIL, E-MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM TO: 
be sure to put your email address as well as your mailing address
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