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.
A:
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.
Tim Akpinar
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