§ 66-327. Consumer transactions; alternative procedures for use or acceptance of electronic records or electronic signatures. - North Carolina Statutes

§ 66‑327.  Consumertransactions; alternative procedures for use or acceptance of electronicrecords or electronic signatures.

(a),       (b) Repealed bySession Laws 2001‑295, s. 5.

(c)        Consent toElectronic Records. – In a consumer transaction in which a statute, regulation,or rule of law of this State requires that information relating to atransaction or transactions in or affecting commerce be made available inwriting or be disclosed to a consumer, the consumer's agreement to conduct atransaction by electronic means shall be evidenced as provided in G.S. 66‑315,and shall be found only when accomplished in compliance with the followingprovisions:

(1)        The consumer hasaffirmatively consented to the use of electronic means, and the consumer hasnot withdrawn consent.

(2)        The consumer, priorto consenting to the use of electronic means, is provided with a clear andconspicuous statement:

a.         Informing theconsumer of any right or option of the consumer to have the record provided ormade available on paper or in nonelectronic form.

b.         Informing theconsumer of the right to withdraw consent to have the record provided or madeavailable in an electronic form and of any conditions or consequences of suchwithdrawal. Those consequences may include termination of the parties'relationship but may not include the imposition of fees.

c.         Informing theconsumer of whether the consent to have the record provided or made availablein an electronic form applies only to the particular transaction which gaverise to the obligation to provide the record, or to identified categories ofrecords that may be provided or made available during the course of theparties' relationship.

d.         Describing theprocedures the consumer must use to withdraw consent as provided in sub‑subdivision(2)b. of this subsection or to update information needed to contact theconsumer electronically.

e.         Informing theconsumer how, after the consent to have the record provided or made availablein an electronic form, the consumer may request and obtain a paper copy of anelectronic record.

(3)        The consumer, priorto consenting to the use of electronic means, is provided with a statement ofthe hardware and software requirements for access to and retention of theelectronic records; and the consumer consents electronically, or confirms hisor her consent electronically, in a manner that reasonably demonstrates thatthe consumer can access information in the electronic form that will be used toprovide the information that is the subject of the consent.

(4)        After the consent ofa consumer in accordance with subdivision (1) of this subsection, if a changein the hardware or software requirements needed to access or retain electronicrecords creates a material risk that the consumer will not be able to access orretain a subsequent electronic record that was the subject of the consent, theperson providing the electronic record provides the consumer with a statementof the revised hardware and software requirements for access to and retentionof the electronic records, provides a statement of the right to withdrawconsent without the imposition of any condition or consequence that was notdisclosed under sub‑subdivision (2)b. of this subsection, and againcomplies with subdivision (3) of this subsection.

(d)        Written CopyRequired. – Notwithstanding G.S. 66‑315(b), in a consumer transaction inwhich a statute, regulation, or rule of law of this State requires thatinformation relating to a transaction or transactions be made available inwriting or be disclosed to a consumer, where the consumer conducts thetransaction on electronic equipment provided by or through the seller, theconsumer shall be given a written copy of the contract or disclosure which isnot in electronic form. A consumer's consent to receive future noticesregarding the transaction in an electronic form is valid only if the consumerconfirms electronically, using equipment other than that provided by theseller, that (i) the consumer has the software specified by the seller asnecessary to read future notices, and (ii) the consumer agrees to receive thenotices in an electronic form.

(e)        OralCommunications. – An oral communication or a recording of an oral communicationshall not qualify as an electronic record for purposes of this section, exceptas other provided under applicable law.

(f)         ConsumerTransaction Entered Into in North Carolina. – If a consumer located in NorthCarolina enters into a consumer transaction which is created or documented byan electronic record, the transaction shall be deemed to have been entered intoin North Carolina for purpose of G.S. 22B‑3 which shall apply to thetransaction. (2000‑152,s. 1; 2001‑295, s. 5.)