United States Code (Last Updated: May 24, 2014) |
Title 15. COMMERCE AND TRADE |
Chapter 96. ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE |
SubChapter I. ELECTRONIC RECORDS AND SIGNATURES IN COMMERCE |
§ 7003. Specific exceptions
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(a) Excepted requirements The provisions of section 7001 of this title shall not apply to a contract or other record to the extent it is governed by— (1) a statute, regulation, or other rule of law governing the creation and execution of wills, codicils, or testamentary trusts; (2) a State statute, regulation, or other rule of law governing adoption, divorce, or other matters of family law; or (3) the Uniform Commercial Code, as in effect in any State, other than sections 1–107 and 1–206 and Articles 2 and 2A. (b) Additional exceptions The provisions of section 7001 of this title shall not apply to— (1) court orders or notices, or official court documents (including briefs, pleadings, and other writings) required to be executed in connection with court proceedings; (2) any notice of— (A) the cancellation or termination of utility services (including water, heat, and power); (B) default, acceleration, repossession, foreclosure, or eviction, or the right to cure, under a credit agreement secured by, or a rental agreement for, a primary residence of an individual; (C) the cancellation or termination of health insurance or benefits or life insurance benefits (excluding annuities); or (D) recall of a product, or material failure of a product, that risks endangering health or safety; or (3) any document required to accompany any transportation or handling of hazardous materials, pesticides, or other toxic or dangerous materials. (c) Review of exceptions (1) Evaluation required The Secretary of Commerce, acting through the Assistant Secretary for Communications and Information, shall review the operation of the exceptions in subsections (a) and (b) of this section to evaluate, over a period of 3 years, whether such exceptions continue to be necessary for the protection of consumers. Within 3 years after
June 30, 2000 , the Assistant Secretary shall submit a report to the Congress on the results of such evaluation.(2) Determinations If a Federal regulatory agency, with respect to matter within its jurisdiction, determines after notice and an opportunity for public comment, and publishes a finding, that one or more such exceptions are no longer necessary for the protection of consumers and eliminating such exceptions will not increase the material risk of harm to consumers, such agency may extend the application of section 7001 of this title to the exceptions identified in such finding.