Checklist · Technology, Media & Telecommunications / IT Contracts
Checklist for electronic consumer records
A checklist for when 15 USC § 7001(c) must be satisfied before an electronic record stands in for a writing that a law requires be given to a consumer. It is not used for every online contract.
- Kind
- Checklist. Steps or checks to work through and tick off.
- Where it applies
- United States
- AI use
- Yellow You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at
- 22 October 2026
- Status
- Maintained. Checked on 22 October 2026 against the authority it cites, for United States.
- Version
- 1
- Source
- Written for this library
When to use it
Use when a statute or regulation requires information to be provided to a consumer in writing, and the business wants to provide it electronically. Do not use it for a purely commercial contract that no writing law covers.
Used for these tasks
- Review a vendor contract against the technology playbook
- Build a one-sided terms table for a standard-form technology contract
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
AI may list the disclosures the lawyer says a writing law requires. The lawyer decides whether any writing law applies and whether consent meets section 7001(c).
AI may
- List only the disclosures the lawyer identifies as required in writing
- Record the consent language from the screen the lawyer provides
- Flag a process that conditions the transaction on electronic consent without a paper alternative the statute preserves
AI must not
- Must not decide that a writing statute applies
- Must not treat a click-wrap as section 7001(c) consent without the statements that subsection requires
- Must not send the disclosure
The lawyer checks
- The writing statute is identified, or the checklist is not used
- Affirmative consent, the pre-consent statement, and the hardware and software demonstration are each addressed
- The record can be retained and accurately reproduced
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
The full text is available after you log in. It is free. When you log in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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