Sec. 2. Requirements for consent to electronic disclosures
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Title I of the Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. 7001 et seq.) is amended— in section 101(c) ( 15 U.S.C. 7001(c) )— in paragraph (1), by striking subparagraphs
(C)and
(D)and inserting the following: the consumer, prior to consenting, is provided with a statement of the hardware and software requirements for access to and retention of the electronic records; and after the consent of a consumer in accordance with subparagraph (A), if a change in the hardware or software requirements needed to access or retain electronic records creates a material risk that the consumer will not be able to access or retain a subsequent electronic record that was the subject of the consent, the person providing the electronic record provides the consumer with a statement of— the revised hardware and software requirements for access to and retention of the electronic records; and the right to withdraw consent without the imposition of any fees for such withdrawal and without the imposition of any condition or consequence that was not disclosed under subparagraph (B)(i). ; by striking paragraph (3); and by redesignating paragraphs (4), (5), and
(6)as paragraphs (3), (4), and (5), respectively; and by striking section 105 ( 15 U.S.C. 7005 ). Nothing in this section, or the amendments made by this section, may be construed as affecting the consent provided by any consumer under section 101(c) of the Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. 7001(c) ) before the date of enactment of this Act.
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