46-4-202 - Provision of information in writing -- Presentation of records.
46-4-202. Provision of information in writing -- Presentation of records.
(1) (a) If parties have agreed to conduct a transaction by electronic means and a lawrequires a person to provide, send, or deliver information in writing to another person, therequirement is satisfied if the information is provided, sent, or delivered, as the case may be, in anelectronic record capable of retention by the recipient at the time of receipt.
(b) An electronic record is not capable of retention by the recipient if the sender or itsinformation processing system inhibits the ability of the recipient to print or store the electronicrecord.
(2) If a law other than this chapter requires a record to be posted or displayed in a certainmanner, to be sent, communicated, or transmitted by a specified method, or to containinformation that is formatted in a certain manner, the following rules apply:
(a) the record must be posted or displayed in the manner specified in the other law;
(b) except as otherwise provided in Subsection (4)(b), the record must be sent,communicated, or transmitted by the method specified in the other law; and
(c) the record must contain the information formatted in the manner specified in the otherlaw.
(3) If a sender inhibits the ability of a recipient to store or print an electronic record, theelectronic record is not enforceable against the recipient.
(4) The requirements of this section may not be varied by agreement, but:
(a) to the extent a law other than this chapter requires information to be provided, sent, ordelivered in writing but permits that requirement to be varied by agreement, the requirementunder Subsection (1) that the information be in the form of an electronic record capable ofretention may also be varied by agreement; and
(b) a requirement under a law other than this chapter to send, communicate, or transmit arecord by first-class mail, postage prepaid or regular United States mail, may be varied byagreement to the extent permitted by the other law.
Enacted by Chapter 74, 2000 General Session