Decoding the Rules for Electronic Transactions and Electronic Signatures, Including Applications to the TCPA

June 10, 2021, 2:00 p.m. ET–3:30 p.m. ET
| Skill areas: 
Client Management
Law Office Operations
Spotting and Investigating the Legal Issue
Strategy: Structuring and Plotting the Case
| Skill level: 
All Levels

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Are you interested in learning about special (hidden) protections in state law (Uniform Electronics Transactions Act (UETA)) and federal law (E-Sign) to protect consumers in electronic transactions? There are special rules before an electronic signature can be considered equivalent to a signature applied with a pen to paper. There are also special protections for consumers that must be followed before electronic records can be used to satisfy writing requirements. There are multiple ways to deal with creditors' fraud or other deception in the electronic context, and powerful claims to be made for robocalls under the TCPA. This webinar is geared to practitioners whose cases involve electronic records or electronic signatures.

What You Will Learn 

  • What the multiple, specific prerequisites are for an electronic signature to bind a person, especially important when the transaction was in person
  • What  challenges are raised when the consumer never saw the electronic contract, which the creditor claims the consumer signed 
  • How to raise the defenses to a contract entered into electronically 
  • How the TCPA intersections with the federal E-Sign law's requirement for consent and special rules for electronic signatures


Margot Saunders is currently senior counsel to the National Consumer Law Center (NCLC) after serving as managing attorney of NCLC’s Washington, D.C. office from 1991 to 2005. Margot has testified before Congress more than two dozen times regarding a wide range of consumer law issues, including predatory mortgage lending, high-cost small loans, payments law, electronic commerce, protecting benefits in bank accounts, privacy issues, and robocalls. She was the lead consumer attorney negotiating E-Sign when it went through Congress. Margot has served as an expert witness in over fifty consumer credit cases in more than twenty states, providing opinions on predatory lending, electronic benefits, servicing, and credit math issues in individual and class cases. She is a co-author of NCLC’s Consumer Banking and Payments Law and many articles, and she is a contributor to numerous other manuals. 

CLE Credit

Are you interested in receiving CLE credit for this webinar? NACA does not seek CLE approval for each webinar in each individual state.  Individual attorneys can generally apply for, and receive CLE credit, in their respective states. Please note that NACA is now a State Bar of California MCLE Provider and this webinar is considered pre-approved for CLE credits for lawyers practicing in California. NACA will provide, upon request, certificates of attendance to be used in state bar applications and for records required by California attorneys. Email to request a certificate of attendance. 

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