Citizen Media Watch

december 11th, 2020

Is A Text Message Agreement

Posted by lotta

Home > Blog > Emails and SMS can also be a legally binding agreement! As this may apply to emails, text messages, chat windows, social media exchanges and other types of digital messages, it is important to clearly state your intentions in your e-mail messages. The ability to create a contract by mistake by simply sending an email is a pretty scary prospect for any business owner. Courts across the country regularly find that an electronic communication has created a valid contract or has changed the terms of an existing contract. It is well established that digital communication is considered a ”writing” according to the law. It is also well established under the State Electronic Transaction Uniformity Act (UETA) and the Federale (Electronic Signatures in Global and National Commerce (ESIGN) Act that digital representations of signatures such as ”electronic sound, symbol or process that is related to a data set or logically linked to a data set and by a person intending to sign the dataset , be executed or accepted” is considered a signature. To learn more about this topic, see my article here. So what`s wrong with texting? With the spread of mobile phones, more and more work is being done through text messages; for many people, this may even be their favorite form of communication! Texts can be used when you organize coffee or lunch meetings, have details on a plan, register with your independent contractors to see if they are available for quick assistance on a project, by organizing a digital influencer on social networks, to postulate your company and your products, and to confirm the details of a possible sale! All of this raises the question of whether an SMS can create a legally binding contract, especially for a California contractor. As I said before, text messages are written. However, there is a significant difference between a text message and an email compared to the ”signature” requirement. E-mail messages are often closed with a person`s name or an automatically inserted signature line (with name, company, email address, phone number, etc.). These email closures are all considered ”signatures” under the law. However, text messages are almost never closed with a person`s name. It would be if unnerdy sign a text! Unfortunately for the broker, there was no signature.

Therefore, there is no signed written agreement that complies with the fraud law. Unlike a digital signature that uses encryption to prohibit the publication of the document, an electronic signature is only a mark on the document that indicates the intention of a party to execute the agreement. This means that in most contracts created under California law, if there was a meeting of minds on the treaty and a party wrote its name to the agreement it intended to sign, they would probably be bound by the treaty. In a case presented earlier this month by the Supreme Court of Western Australia, text messages between directors of two warring companies were essential to determining whether an agreement had been reached between them. Entrepreneurs use e-mail systems for many reasons, including their desire to improve customer responsiveness, the need to improve their employees` ability to provide improved customer service, and the need to maintain their operations at the cutting edge of technology. However, there are drawbacks to these programs, including the possibility that a customer`s live chat with an employee accidentally ties a business, resulting in unintended consequences.

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december 2020
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