However, before effective affirmative consent can be said to have been granted, the consumer must be provided with a clear and conspicuous statement of his or her rights. Although these provisions will raise the cost of e-commercial transactions, they were the price of passage by Congress. Consequently, it mails out vast quantities of paper. In a bid to save both money and trees, TechnoBank decides to make a transition to electronic records. It informs all of its customers of their continued right to receive paper records, their right to withdraw consent for electronic records, the manner and consequences of withdrawing consent, the manner and cost of obtaining a paper copy of an electronic record after consent has been given, and the hardware and software requirements for accessing and retaining electronic records.
Many customers opt to switch to electronic records.
The E-Sign Act effectively preempts state laws that purport to regulate electronic signatures. Congress deemed this necessary in order to eliminate some of the legal barriers to e-commerce represented by incompatible and conflicting state laws. The E-Sign Act does allow state law to modify, limit, or supersede the provisions of section 101 under two limited circumstances. Given the narrowness of these exceptions and Congress clear intent to provide a uniform legal regime, it is likely that the E-Sign Act will occupy the regulatory field largely unopposed by state laws. There are a number of areas of law to which the provisions of the E-Sign Act do not apply.