§ 19-14.8-18 - Communication by electronic or other means.
SECTION 19-14.8-18
§ 19-14.8-18 Communication by electronicor other means. – (a) In this section:
(1) "Federal act" means the Electronic Signatures in Globaland National Commerce Act, 15 U.S.C. § 7001 et seq., as amended.
(2) "Consumer" means an individual who seeks or obtains goodsor services that are used primarily for personal, family, or household purposes.
(b) A provider may satisfy the requirements of §19-14.8-17, 19-14.8-19, or 19-14.8-27 by means of the Internet or otherelectronic means if the provider obtains a consumer's consent in the mannerprovided by § 101(c)(1) of the federal act.
(c) The disclosures and materials required by §§19-14.8-17, 19-14.8-19, and 19-14.8-27 shall be presented in a form that iscapable of being accurately reproduced for later reference.
(d) With respect to disclosure by means of an Internetwebsite, the disclosure of the information required by subsection 19-14.8-17(d)must appear on one or more screens that:
(1) Contain no other information; and
(2) The individual must see before proceeding to assent toformation of a plan.
(e) At the time of providing the materials and agreementrequired by subsections 19-14.8-17(c) and (d), § 19-14.8-19, and §19-14.8-27, a provider shall inform the individual that upon electronic,telephonic, or written request, it will send the individual a written copy ofthe materials, and shall comply with a request as provided in subsection (f).
(f) If a provider is requested, before the expiration ofninety (90) days after a plan is completed or terminated, to send a writtencopy of the materials required by subsections 19-14.8-17(c) and (d), §19-14.8-19, or § 19-14.8-27, the provider shall send them at no chargewithin three (3) business days after the request, but the provider need notcomply with a request more than once per calendar month or if it reasonablybelieves the request is made for purposes of harassment. If a request is mademore than ninety (90) days after a plan is completed or terminated, theprovider shall send within a reasonable time a written copy of the materialsrequested.
(g) A provider that maintains an Internet website shalldisclose on the home page of its website or on a page that is clearly andconspicuously connected to the home page by a link that clearly reveals itscontents:
(1) Its name and all names under which it does business;
(2) Its principal business address, telephone number, andelectronic-mail address, if any; and
(3) The names of its principal officers.
(h) Subject to subsection (i), if a consumer who hasconsented to electronic communication in the manner provided by section 101 ofthe federal act withdraws consent as provided in the federal act, a providermay terminate its agreement with the consumer.
(i) If a provider wishes to terminate an agreement with aconsumer pursuant to subsection (h), it shall notify the consumer that it willterminate the agreement unless the consumer, within thirty (30) days afterreceiving the notification, consents to electronic communication in the mannerprovided in § 101(c) of the federal act. If the consumer consents, theprovider may terminate the agreement only as permitted by subdivision19-14.8-19(a)(6)(G).