Q: Is electronic signature legally binding in New Mexico without the person physically signing a document.
My stepmom in New Mexico asked ADT to install their equipment. The installer only had her sign one document with 3 numbers on it, but no where did she sign that they could use her electronic signature on the official ADT contract. They said that they sent her the contract to her email, but she doesn't have the means nor knowledge on how to access it. Now, they want her to pay for something that was supposed to be free. Is an electronic signature legally binding without her actual signature?
A: Yes. In these days of electronic everything most states have defined electronic signature as being the same as hand written signatures. Whether you mom has to pay for something you say was supposed to be free is another question.
As a general matter, electronic signatures are deemed to be binding in business and commerce today. A New Mexico attorney might be able to offer more specific insight into consumer laws that could be applicable in this situation, and whether the contract they transmitted also needed signatures to take effect.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.