E-commerce and electronic contracting are more important than ever as we move into the post-COVID 19 era. We first review legal requirements for electronic contracting and disclosures including the E-SIGN Act, state Uniform Electronic Transactions Acts, FTC guidance on delivery of disclosures and comments on use of “dark patterns,” and DOJ comments on website accessibility. We then review recent case law on e-contracting and disclosures and the Restatement’s provisions on contract adoption and manifestation of consumer assent. We conclude with a discussion of best practices for establishing an e-contracting process that clearly evidences the consumer’s manifestation of assent.
Alan Kaplinsky, Senior Counsel in Ballard Spahr’s Consumer Financial Services Group, hosts the conversation, joined by Michael Guerrero, a partner in the Group, and Mark Levin, Senior Counsel in the Group.
To listen to the podcast, click here.