44-7051

44-7051. Consumer protection

A. Nothing in this chapter diminishes the parties' consumer protection rights
prescribed in chapter 10, article 7 of this title or any other federal or state law
relating to consumers.

B. If a consumer law, other than this chapter, requires a paper record or notice of
the transaction, the parties to the transaction may request that the record or notice be
provided in an electronic format and that record or notice shall comply with this
chapter. Even if before completing a consumer transaction by an electronic method that
complies with this chapter, a party to the transaction requests that a record or notice
of the transaction be delivered in electronic form, that party may subsequently change
that preference and request that all future records or notices relating to that
transaction be sent in paper form to an appropriate address. Withdrawal of consent does
not affect the enforceability of electronic records or notices previously provided or
made available to that party in accordance with this chapter.

C. A nonelectronic consumer contract or agreement may not contain a provision that
authorizes any transaction or part of any transaction pursuant to that contract or
agreement by electronic means unless all of the following apply:

1. The consumer makes a separate and express assent or signing either manually or
electronically that specifies that the consumer agrees that certain transactions or parts
of transactions will be conducted by electronic means.

2. The contract or agreement indicates which transactions or parts of transactions
that may be conducted by electronic means and the manner in which those transactions or
parts of transactions shall be conducted.

3. The consumer agrees, as part of the assent, to provide the other party with the
consumer's electronic address that complies with section 44-7015.

4. The consumer agrees, as part of the assent, to notify the other party, either
manually or electronically, of any change in the electronic address prescribed in
paragraph 3 or the consumer's withdrawal of consent to electronic transactions.