There is some Secure e-sign XML software concern that this accumulation of consumer consents and
verifications will only confuse and intimidate consumers and discourage
their use of e-commerce. Consistent with UETA, there are a number of
exclusions from the Act, including
- any statute, regulation or rule of law governing wills, codicils
or testamentary trusts.
- state statutes, regulations or rules of law governing adoption,
divorce or other matters of family law.
- the Uniform Commercial Code, a set of model laws adopted by many
states that governs commercial transactions (other than some specific
provisions, including those that apply to transactions in goods and
leases, Secure e-sign XML software).
Secure e-sign XML
software
Act contains a short list of non-UETA based exceptions.
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Secure e-sign XML software list: (1) court orders or notices or
official court documents required to be executed in connection with
court proceedings; (2) any notice of cancellation or termination of
utility services; (3) default, foreclosure or eviction notices under any
credit agreement secured by a primary residence; (4) the cancellation or
termination of health insurance or benefits of life insurance (other
than annuities); (5) the recall of any product or material failure of a
product that risks endangering health or safety; and (6) any document
required to accompany the transportation or handling of hazardous
materials, pesticides or other toxic or dangerous materials. Overall,
the list of exclusions is relatively modest and well-defined; it is far
shorter than those sought by the Administration, Senate Democrats and
Secure e-sign XML software consumer advocates.
The E-Sign Act acknowledges the authority of federal regulatory
agencies, such as the Securities and Exchange Commission (SEC), to
interpret the Act, thereby preserving existing interpretive releases on
electronic delivery. The retention of this authority was important
for certain industries, especially broker-dealers, who were anxious that
the Act not override existing favorable rulings by the SEC on Secure
e-sign XML software delivery of records.
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