Having received some recent inquiries from customers about relying on RPost’s service records (in particular, the Registered Receipt™ emails associated with the Registered Email™ services for email proof and the email encryption service) in the context of responding to e-discovery requests, we have added the following quick reference for paper and resources to the e-discovery court rules in the United States.
Just when you thought that you were getting comfortable with email records and e-discovery concerns…
Until it happens to you or a colleague, most people pay little attention to the risks of conducting important business or personal transactions using simple email only to have its content or delivery challenged after-the-fact. Since RPost is in the business of offering the Registered Email™ service that at its core provides the sender with verifiable proof of delivery, content and official time stamps, of email (and all attachments) sent to any Internet address, the company hears many horror stories about the damages caused by email content alterations and disputes arising over delivery and / or the timing of the delivery.
Electronic Signatures Documents have the Same Legal Strength of Wet Ink Signatures
E-business transactions – Did you know that if executed properly from beginning to end they can reduce all types of risk and make e-contracts more enforceable than paper processes. However, simply complying with the ten-year old ESIGN Act that affords electronically-signed documents the same legal strength of wet signature, paper documents does not protect against possible disputes nor are such electronic records always considered to be admissible in a court of law.
Electronic Transactions Would Be Afforded the Same Validity and Legality as Paper Transactions
Background: Enactment of electronic laws – the Electronic Signatures in global commerce Act (ESIGN, the federal statute) and the Uniform Electronic Transactions Act (UETA – adopted by forty-six states) are basically similar and were designed to facilitate electronic transactions consistent with other applicable law by simplifying, clarifying and modernizing the law governing commerce and governmental transactions through the use of electronic means.
I was recently asked a question by an insurance company in Massachusetts that is likely a question on the minds of many who are looking to cut cost and reduce paper and mail use in the insurance sector. As such, let me share my response to their question, “…could we move to convert our thousands of insurance cancellation notices from first class mail with certificate of sending to Registered Email™ service by RPost?” Since RPost does not provide legal advice, the following should only be used as a framework for further analysis by one’s own legal counsel.