Title 15Commerce and TradeRelease 119-73

§7003 Specific exceptions

Title 15 › Chapter CHAPTER 96— - ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE › Subchapter SUBCHAPTER I— - ELECTRONIC RECORDS AND SIGNATURES IN COMMERCE › § 7003

Last updated Apr 6, 2026|Official source

Summary

Some rules that let people use electronic records and signatures do not apply to certain kinds of contracts and papers. They do not apply to things that make or change wills or testamentary trusts, to family-law matters like adoption or divorce, or to most parts of the Uniform Commercial Code except for sections 1–107 and 1–206 and Articles 2 and 2A. They also do not apply to court orders and official court papers; certain safety or consumer notices such as utility shutoff notices (water, heat, power), warnings about default, repossession, foreclosure, eviction, or the chance to fix a problem for a person’s main home; notices ending health or life insurance (not annuities); product recalls or failures that could risk health or safety; or documents needed for moving or handling hazardous, toxic, or pesticide materials. The Commerce Department must review these exceptions over three years and report to Congress within three years after June 30, 2000. A federal agency may, after public notice and comment and a published finding, extend the electronic-record rules to any of these areas if it finds the exception is no longer needed and doing so will not increase the material risk of harm to consumers.

Full Legal Text

Title 15, §7003

Commerce and Trade — Source: USLM XML via OLRC

(a)The provisions of section 7001 of this title shall not apply to a contract or other record to the extent it is governed by—
(1)a statute, regulation, or other rule of law governing the creation and execution of wills, codicils, or testamentary trusts;
(2)a State statute, regulation, or other rule of law governing adoption, divorce, or other matters of family law; or
(3)the Uniform Commercial Code, as in effect in any State, other than section 1–107 and 1–206 and Articles 2 and 2A.
(b)The provisions of section 7001 of this title shall not apply to—
(1)court orders or notices, or official court documents (including briefs, pleadings, and other writings) required to be executed in connection with court proceedings;
(2)any notice of—
(A)the cancellation or termination of utility services (including water, heat, and power);
(B)default, acceleration, repossession, foreclosure, or eviction, or the right to cure, under a credit agreement secured by, or a rental agreement for, a primary residence of an individual;
(C)the cancellation or termination of health insurance or benefits or life insurance benefits (excluding annuities); or
(D)recall of a product, or material failure of a product, that risks endangering health or safety; or
(3)any document required to accompany any transportation or handling of hazardous materials, pesticides, or other toxic or dangerous materials.
(c)(1)The Secretary of Commerce, acting through the Assistant Secretary for Communications and Information, shall review the operation of the exceptions in subsections (a) and (b) to evaluate, over a period of 3 years, whether such exceptions continue to be necessary for the protection of consumers. Within 3 years after June 30, 2000, the Assistant Secretary shall submit a report to the Congress on the results of such evaluation.
(2)If a Federal regulatory agency, with respect to matter within its jurisdiction, determines after notice and an opportunity for public comment, and publishes a finding, that one or more such exceptions are no longer necessary for the protection of consumers and eliminating such exceptions will not increase the material risk of harm to consumers, such agency may extend the application of section 7001 of this title to the exceptions identified in such finding.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 2000, with exceptions relating to record retention and certain loans, see section 107 of Pub. L. 106–229, set out as a note under section 7001 of this title.

Reference

Citations & Metadata

Citation

15 U.S.C. § 7003

Title 15Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73