§ 277. Provision of information in writing; presentation of records
(a) If parties have agreed to conduct a transaction by electronic means and a law requires
a person to provide, send, or deliver information in writing to another person, the
requirement is satisfied if the information is provided, sent, or delivered, as the
case may be, in an electronic record capable of retention by the recipient at the
time of receipt. An electronic record is not capable of retention by the recipient
if the sender or its information processing system inhibits the ability of the recipient
to print or store the electronic record.
(b) If a law other than this chapter requires a record to be posted or displayed in a
certain manner, to be sent, communicated, or transmitted by a specified method, or
to contain information that is formatted in a certain manner, the following rules
apply:
(1) The record must be posted or displayed in the manner specified in the other law.
(2) Except as otherwise provided in subdivision (d)(2) of this section, the record must
be sent, communicated, or transmitted by the method specified in the other law.
(3) The record must contain the information formatted in the manner specified in the other
law.
(c) If a sender inhibits the ability of a recipient to store or print an electronic record,
the electronic record is not enforceable against the recipient.
(d) The requirements of this section may not be varied by agreement, but:
(1) to the extent a law other than this chapter requires information to be provided, sent,
or delivered in writing but permits that requirement to be varied by agreement, the
requirement under subsection (a) of this section that the information be in the form
of an electronic record capable of retention may also be varied by agreement; and
(2) a requirement under a law other than this chapter to send, communicate, or transmit
a record by first-class mail may be varied by agreement to the extent permitted by
the other law. (Added 2003, No. 44, § 1, eff. Jan. 1, 2004.)