In an unpublished decision issued on Oct. 13, the 11th Circuit Court of Appeals in Atlanta held that an unsigned text message from an individual can constitute a personal guarantee of a debt of a corporation without violating Florida’s statute of frauds and in compliance with Florida’s Electronic Signature Act.

In the case of Brewfab v. Russo, (Case No. 22-11003), the court held, in what may be a case of first impression, that even what may be construed as somewhat ambiguous wording in a text message can be contractually binding on the sender, and holding the sender liable for the debts of an incorporated entity.