In 1999, the Uniform Law Commission promulgated the Uniform Electronic Transactions Act (UETA). The primary purpose of UETA is to equate the enforceability and validity of electronic signatures with hand-written signatures. It has been adopted in 47 states. The three states that have not, which includes New York, each have laws governing electronic signatures. A federal companion to UETA was enacted a year later called the Electronic Signatures in Global and National Commerce Act. This article deals solely with recent cases construing, interpreting and applying UETA.
Specifically, three recent cases have dealt with: (1) if a person’s name in the “From” field of an email constitutes a valid electronic signature; (2) whether a username and password to use an app is an electronic signature; and (3) whether a partially automated job application process precludes the authentication of an electronic signature.
