---
title: "Checklist for electronic consumer records"
url: "https://ailawframework.com/precedents/technology-media-and-telecommunications-it-contracts/us-esign-consumer-record-checklist"
type: "precedent"
site: "AI Law Framework"
id: "a24-us-esign-consumer-record-checklist"
area_id: "A24"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A24-T1-R1", "A24-T1-R3"]
law_stated_as_at: "2026-10-22"
---

# 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.

Canonical page: https://ailawframework.com/precedents/technology-media-and-telecommunications-it-contracts/us-esign-consumer-record-checklist  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Technology, Media & Telecommunications / IT Contracts](https://ailawframework.com/precedents/technology-media-and-telecommunications-it-contracts.md)
- Jurisdictions: United States
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the authority it cites, for United States.

## 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](https://ailawframework.com/practice/technology-media-and-telecommunications-it-contracts/review-a-vendor-contract-against-the-technology-playbook.md)
- [Build a one-sided terms table for a standard-form technology contract](https://ailawframework.com/practice/technology-media-and-telecommunications-it-contracts/build-a-one-sided-terms-table-for-a-standard-form-technology-contract.md)

## 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

## Authorities

- [15 USC § 7001(c), (d) and (e) (consumer consent before an electronic record satisfies a writing requirement; withdrawal; retention)](https://www.law.cornell.edu/uscode/text/15/7001)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/technology-media-and-telecommunications-it-contracts/us-esign-consumer-record-checklist and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*