New Jersey § 12a:12-21

§ 12a:12-21.

a. Notwithstanding any other provision of this act, if a law or regulation requires

that information relating to the transaction be provided or made available to a consumer

in writing, the use of an electronic record to provide or make available (whichever

is required) such information satisfies the requirement that such information be in

writing if: (1) the consumer has affirmatively consented to such use and has not withdrawn such

consent; (2) the consumer, prior to consenting, is provided with a clear and conspicuous statement: (a) informing the consumer of: (i) any right or option of the consumer to have the record provided or made available

on paper or in nonelectronic form, and (ii) the right of the consumer to withdraw the consent to have the record provided

or made available in an electronic form and of any conditions, consequences (which

may include termination of the parties' relationship), or fees in the event of such

withdrawal; (b) informing the consumer of whether the consent applies: (i) only to the particular transaction which gave rise to the obligation to provide

the record, or (ii) to identified categories of records that may be provided or made available during

the course of the parties' relationship; (c) describing the procedures the consumer must use to withdraw consent as provided

in a.(2)(a) of this section and to update information needed to contact the consumer electronically;

and (d) informing the consumer: (i) how, after the consent, the consumer may, upon request, obtain a paper copy of

an electronic record, and (ii) whether any fee will be charged for such copy; (3) the consumer: (a) prior to consenting, is provided with a statement of the hardware and software

requirements for access to and retention of the electronic records; and (b) consents electronically, or confirms his or her consent electronically, in a manner

that reasonably demonstrates that the consumer can access information in the electronic

form that will be used to provide the information that is the subject of the consent;

and (4) after the consent of a consumer in accordance with a.(1) of this section, 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: (a) provides the consumer with a statement of: (i) the revised hardware and software requirements for access to and retention of

the electronic records; and (ii) 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 a.(2)(a) of this section; and (b) again complies with a.(3) of this section. b. Nothing in this act affects the content or timing of any disclosure or other record

required to be provided or made available to any consumer under any statute, regulation,

or other rule of law. c. If a law that was enacted prior to this act expressly requires a record to be provided

or made available by a specified method that requires verification or acknowledgment

of receipt, the record may be provided or made available electronically only if the

method used provides verification or acknowledgment of receipt (whichever is required). d. The legal effectiveness, validity or enforceability of any contract executed by

a consumer shall not be denied solely because of the failure to obtain electronic

consent or confirmation of consent by that consumer in accordance with a.(3)(b) of this section. e. Withdrawal of consent by a consumer shall not affect the legal effectiveness, validity

or enforceability of electronic records provided or made available to that consumer

in accordance with subsection a. prior to implementation of the consumer's withdrawal

of consent. A consumer's withdrawal of consent shall be effective within a reasonable period

of time after receipt of the withdrawal by the provider of the record. Failure to comply with a.(4) of this section may, at the election of the consumer, be treated as a withdrawal

of consent for purposes of this subsection. f. This subsection does not apply to any records that are provided or made available

to a consumer who has consented prior to the effective date of this act to receive

such records in electronic form as permitted by any statute, regulation, or other

rule of law. g. An oral communication or a recording of an oral communication shall not qualify

as an electronic record for purposes of this section except as otherwise provided

under applicable law.