You're signing up a consumer to a subscription contract electronically. ESIGN imposes specific disclosure requirements before that signature counts. Skip them and the signature may be unenforceable against the consumer. None of this is legal advice — but it's the framework.
When the rules apply
ESIGN's consumer disclosure rules (Section 101(c)) apply when:
- The transaction is with a consumer (an individual entering into a personal/household transaction, not a business). - The disclosure is one the law would normally require to be in writing.
For B2B contracts, the consumer rules don't apply — agreement to e-sign is usually implicit from conduct. For B2C, the formal disclosure regime kicks in.
What you must disclose
Before delivering disclosures electronically and obtaining e-signatures, you must tell the consumer:
1. They have the right to receive paper instead of electronic disclosures. 2. They have the right to withdraw consent to electronic delivery, and the procedure for doing so. 3. Whether consent applies to one transaction or a series. 4. Any conditions, consequences or fees of withdrawing consent. 5. The hardware/software requirements to access the electronic disclosures. 6. How to request paper copies after the fact, and any fee involved.
Most compliant e-signing tools build these into the consent screen.
Demonstrating ability to access
Section 101(c)(1)(C)(ii) requires the consumer to demonstrate they can access electronic disclosures in the format you intend to deliver them.
In practice, this is the 'click here to confirm you can read this document' step. The consumer opens a test document; if they can read it, they can read what's coming. Their click is the demonstration.
Material change in hardware/software
If you change the format or software requirements after consent, you must re-disclose and get fresh consent. Don't quietly switch from PDF to a proprietary format — the consumer's prior consent may not carry over.
For most e-signing workflows, PDF + email is stable enough that re-disclosure is rare. Document any changes carefully.
FAQ
Does this apply outside the US?
ESIGN is US federal law. The EU/UK eIDAS framework has its own consumer protection rules — broadly similar in spirit, different in form. Each jurisdiction has its own consumer law overlay.
What if I skip the disclosure?
The e-signature may be unenforceable against the consumer for any disclosure that the law required to be in writing. Other signatures (between businesses, or where writing wasn't required) may still be fine.
Can a consumer withdraw consent?
Yes, at any time. The contract terms already executed are usually unaffected; future communications would need to be in paper unless re-consented.
Where's the model disclosure text?
ESIGN doesn't provide one — the law is principle-based. Most US e-signature platforms include standard language; have your lawyer review for your context.
If you sign consumers electronically, do the disclosure properly. Flint supports consent flows for B2C signing.