One can easily imagine computer kiosks on businesses' premises at which consumers would be required to electronically consent to receiving electronic records, as a condition of doing business. In many transactions there are ongoing requirements for paper correspondence, including statements of accounts, notices of default, information on escrow accounts, change in mortgage services. Under S. 761 the business will not be required to provide paper copies. Crucial information about the consumer's rights and obligations will not be received. To provide reliable documentation of transactions, information provided electronically must be tamper proof.
Documents provide certainty to transacting parties, capturing the terms of the agreement.
Courts and others who are later called upon to interpret and enforce agreements rely on paper records to construct the parties' intent. For electronic information to provide the same certainty to the parties and the courts they must be protected from both inadvertent and intentional changes. If a consumer inadvertently changes a single byte on an electronic document, or an electronically provided notice is deleted during a business' overhaul of their Web site, the documents will be unavailable or useless if disputes arise. The bill directs courts to give electronic signatures the same weight as their handwritten counterparts without addressing the heightened risks of forgery, duplication, and identity theft evident in today's online marketplace. The bill inappropriately allows businesses to make complicated technology choices and put the risks on consumers.