What makes Acquiom Clearinghouse™ E-signatures enforceable?

Immediately after we verify identity of a new user, he or she agrees to our standard terms and conditions, which contain the typical e-sign provisions from the E-Sign Act.  When users later e-sign, they type in their email and password, which satisfies the concept of “intent to sign” (i.e. a party must do an affirmative act when e-signing to show intent, like type in name or password or click a button, etc.)

Before that, we execute processes to comply with the UETA regarding signer attribution (E-Sign Act does not address this).  UETA states that a signature is attributable to a person if it is an act of that person (including the actions of his or her human or electronic agent), and that act may be shown in any manner. If a security procedure is used, its efficacy in establishing the attribution may be shown. Typical deployments verify the signer’s identity using an email address as a unique identifier, but additional methods are available, including a one-time password or knowledge based authentication.

We send an invitation to an email contact provided by the buyer or seller.  This email address is used as a unique identifier and then the user goes through knowledge-based authentication to establish that we are dealing with the proper party.

Posted in: Services: Acquiom Clearinghouse