News & Analysis as of

Securing assent: The Internet twist of electronic contracts

If any area of the law could be shielded from the all-consuming influence of the Internet, it ought to be the age-old law of contracts. Nothing about the Internet changes basic elements of contract law, like requirements of...more

TechConnect - Your Law Firm Link to Industry News - July 2016

Letter from the Editors - Dear Readers, One of the interesting facts that we have learned over the years is that there appears to be a correlation between the NASDAQ public market (which is heavily weighted with...more

Enforceability of Electronic Agreements in Real Estate Transactions

Increasingly, and not surprisingly, more and more transactions are being created, negotiated, finalized and executed electronically. From a real estate perspective, virtually all documents other than those that are being...more

California Appeals Court Provides Guidance on the Use of Electronic Signatures by Employees

In many companies, new employees sign key documents and policies—including arbitration agreements—with the use of electronic signatures. There has been a growing trend in litigation brought by former employees to challenge...more

Advertising and Issuing Credit Online

DWT’s Payments Team participated in the ABA Consumer Financial Services Committee’s Winter Meeting in Park City, Utah last week. Andrew Owens delivered a presentation on advertising and issuing credit online during the...more

CFPB Reminds Companies of Automatic Debit Authorization Requirements

The Consumer Financial Protection Bureau (“CFPB”) issued a compliance bulletin (“Bulletin”) reminding entities of their obligation to obtain consumer authorization prior to automatically debiting a consumer’s account for...more

California Passes Life and Annuity Electronic Transactions Law

On January 1, 2016, Section 38.6 of the California Insurance Code will take effect permitting consumers to conduct certain life, disability, and annuity transactions electronically. The new law attempts to meet California...more

CFPB Issues Compliance Bulletin on Preauthorized Electronic Fund Transfers

On November 23, 2015, the CFPB issued Compliance Bulletin 2015-06, Requirements for Consumer Authorizations for Preauthorized Electronic Fund Transfers. The CFPB issued the bulletin to remind institutions of their obligations...more

The Basics of E-Recording

The Uniform Electronic Transactions Act (UETA) in most states, and the Global National Commerce Act (E-sign) federally, allow sale contracts, mortgage instruments, and promissory notes to be memorialized with the electronic...more

CFPB Releases Compliance Bulletin about Obtaining Authorizations for Preauthorized Electronic Fund Transfers

The Consumer Financial Protection Bureau (the “CFPB”) warned financial companies in a compliance Bulletin Monday that they must have proper authorization before automatically debiting funds from customers’ accounts. (CFPB...more

CFPB issues compliance bulletin on preauthorized electronic payments

The CFPB has issued a compliance bulletin (Bulletin 2015-06) concerning the Electronic Fund Transfer Act (EFTA) and Regulation E requirements for obtaining a consumer’s authorization for preauthorized electronic fund...more

Global HR Hot Topic—October 2014: Electronic Signatures and the "Paperless Office" in International Human Resources

Back in the decades before information technology marginalized hard-copy HR documents, paperwork containing employee signatures and staff sign-offs continually expanded—think of job applications; offer letters; tax/social...more

Adoption of a new European legal framework applicable to cross-border electronic identification and e-signatures

The European Parliament and the Council adopted on 23 July 2014 a regulation on electronic identification and trust services for electronic transactions in the Internal Market (the "Regulation"). Before that, the Directive on...more

EU adopts new regulation on cross-border electronic identification and e-signatures

The General Affairs Council, on 23 July 2013, adopted a regulation of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the Internal Market. Until the...more

FHA Permits Electronic Signatures

FHA recently issued Mortgagee Letter 2014-03, which states that effective immediately, FHA will accept electronic signatures on a voluntary basis for the following documents...more

Consumer Data Privacy Update for Marketers, Part 2: New Telemarketing/Text Message Marketing Rules Effective October 16, 2013

The Federal Communications Commission (FCC)’s Report and Order 12-21 (Order 12-21), issued in February 2012, describes revised telemarketing rules that became effective during the past 12 months....more

The Times They Are A Changin' (Again): A How-To Guide Regarding Compliance With New FCC Regulations Mandating Prior Express...

The following fairly unremarkable scenario occurs numerous times every day in countless commercial settings nationwide: a consumer walks up to a cash register to pay for something and, during the course of that exchange, the...more

Electronic Transfer of Copyright Approved by Fourth Circuit

The Fourth Circuit has confirmed what many copyright holders have long hoped was true: That copyright interests can be validly transferred through electronic means, despite language in the 1976 Copyright Act requiring that...more

Assignment of Copyright through Terms of Use: Does E-Sign Make It OK? A Tool for B2B Sites Dealing with Unauthorized Access to...

It is a common practice for Web site providers who accept submissions of user-generated content to include a license provision in their “Terms of Use” to obtain rights to use the content....more

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