Electronic Signature Legality — United States

In the United States, electronic signatures have been on a firm statutory footing for more than two decades, under a combination of federal and state law.

Legal framework

The federal ESIGN Act (15 U.S.C. §7001(a)) provides that a signature, contract, or other record “may not be denied legal effect, validity, or enforceability solely because it is in electronic form.” At the state level, the Uniform Electronic Transactions Act (UETA) has been adopted by nearly every state; New York instead relies on its own Electronic Signatures and Records Act (ESRA), which gives electronic signatures the same validity as handwritten ones. State variations exist, so state law can matter for specific document types.

In practice, courts look for four things when an electronic signature is challenged: intent to sign, attribution (the signature is linked to the signer), association of the signature with the record, and retention (an accurate, reproducible record). For consumer transactions where a law requires information “in writing,” §7001(c) additionally requires affirmative consumer consent to electronic records after specified disclosures.

Documents excluded by statute

ESIGN §7003 excludes, among others:

• wills, codicils, and testamentary trusts;
• family-law matters such as adoption and divorce;
• court orders, notices, and official court documents;
• notices of utility cancellation, default, foreclosure or eviction, insurance cancellation, and product recalls;
• documents accompanying the transport of hazardous materials.

How Sign For Free fits

Sign For Free provides standard electronic signatures with a self-claim identity model: signers confirm identity through the email address the request was sent to. Every completed document embeds a tamper-evident audit trail — event timestamps, the authentication method, and the document’s SHA-256 hash — sealed with an Ed25519 signature. This record supports the intent, attribution, association, and retention showings described above, and under the Federal Rules of Evidence (Rules 901 and 902) such records are commonly used to authenticate electronic transactions. You can verify any completed document independently on the verify page, without relying on our servers.

Not legal advice

This page is provided for general information only and is not legal advice. Laws change, and we do not guarantee that this information is current or complete. For specific questions, consult a licensed attorney in your jurisdiction.