Electronic Signatures - Proof of Signing or Clicking

[ChristineB 0]

 

I have a loan (still within SOL) that was sold to another company for collection a few months ago.  That company has sent me verification of the debt in the form of the loan agreement and my payment history.

The loan was initiated online, so there is no physical signature.  The bottom of the loan agreement  provided to me says that I acknowledged receipt of the agreement by checking the submit button and state that I have read and agree to the terms and conditions.  It further says I acknowledge and agree that any digital or electronic signature represents my signature on the agreement.

The loan agreement sent to me does not include a signature line or any mark claiming to be an electronic signature.

Here are my questions...

• Is the act of clicking a button sufficient to eliminate the need to show an agreement was signed electronically?
• How would a collection agency prove to a small claims court or arbitration that a button was clicked (or an agreement was signed electronically)?

It seems as though there would almost need to be an activity record that includes the IP address of a visitor, time of the visit, their actions (button clicks), and keystrokes (signature).

Thanks to everyone in advance for your feedback and input.

 

 

 

 

 

 

 

[Clydesmom 1,222]

52 minutes ago, ChristineB said:

Is the act of clicking a button sufficient to eliminate the need to show an agreement was signed electronically?

Yes.  They clearly have a process in place that asks the consumer confirm in 2 different ways that the loan application and documents are electronically signed.  This is common place in the digital era and the courts will be satisfied with that.

53 minutes ago, ChristineB said:

How would a collection agency prove to a small claims court or arbitration that a button was clicked (or an agreement was signed electronically)?

By presenting the application and loan documents.

53 minutes ago, ChristineB said:

It seems as though there would almost need to be an activity record that includes the IP address of a visitor, time of the visit, their actions (button clicks), and keystrokes (signature).

This would be relevant if the consumer being sued were claiming identity theft.  If the consumer being sued is in Southtown, Minnesota and the IP address that accessed the website and consented to the documents is recorded as being in Miami, FL then all that becomes relevant.

In your case you applied for the loan and consented to electronic signatures and documents.  You made payments on it.  If you had not applied for and received the loan then the court's next question will be why did you make payments?  Your best bet is to attack standing if the loan has been sold.

[Harry Seaward 1,356]

Making payments on the loan is nearly ironclad proof that you opened the account. If there's payment history they won't need proof that you clicked a button on a website. 

[ChristineB 0]

7 hours ago, Clydesmom said:

 Your best bet is to attack standing if the loan has been sold.

What's the best way to do this?   Would I ask them to provide me with documentation to verify their ownership of the account?

 

I completely understands the points made about payments on the account being enough to establish responsibility.   Thanks for the clarification.

[BV80 2,818]

22 minutes ago, ChristineB said:

What's the best way to do this?   Would I ask them to provide me with documentation to verify their ownership of the account?

 

I completely understands the points made about payments on the account being enough to establish responsibility.   Thanks for the clarification.

Unless you're being sued, the company doesn't have to provide proof of ownership.

[ChristineB 0]

They haven't taken the step of suing me yet.   Any suggestions on what I can/should do next?  

The amount they're seeking is a little more than $6,000.

[Harry Seaward 1,356]

You indicated they sent you verification of the debt. If that was in  response to a request you made,  there's nothing more you can/need to do other than decide if you want to pay or not. If you want to pay,  send them a check. If you don't want to pay,  sit tight and wait to get sued. There's no way to know if they will sue or not but other than calling and sending letters, that's the only other way they will have to try to collect the debt.