Is this agreement unenforceable because it was signed electronically?
No, within ch. 137's scope. Wis. Stat. § 137.15 provides that a record or signature may not be denied legal effect or enforceability solely because it is in electronic form, and that a contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. Section 137.11(8) defines an electronic signature as an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
The trap
Section 137.12 takes whole categories out of the chapter, and they are the ones people forget, but it then takes some of them back, and a reader given only the exclusions has half the section. Subsection (3) provides that the chapter applies to an electronic record or electronic signature otherwise excluded under subs. (2), (2m) and (2r) to the extent it is governed by a law other than those specified in those subsections, and sub. (2) is itself expressly subject to sub. (3). So an exclusion holds only as far as the excluded law reaches. The chapter does not apply to a transaction to the extent it is governed by any law governing the execution of wills or the creation of testamentary trusts, or by chs. 401 and 403 to 410 (the Wisconsin UCC other than Articles 2 and 2A, and other than s. 401.306); § 137.12(2m) excludes records governed by adoption, divorce or other family law, court notices, court orders and official court documents; and § 137.12(2r) excludes certain statutory notices, including notice of cancellation of utility service and notice of default, acceleration, repossession, foreclosure or eviction under a credit agreement secured by, or a rental agreement for, an individual's primary residence. The definition also carries a fact question the form of the signature cannot answer: it must have been executed or adopted 'with the intent to sign the record'. Wisconsin also carves notices out by subject matter: § 137.12(2r) provides that, “To the extent that it is excluded from the scope of 15 USC 7003 , this chapter does not apply to a notice to the extent that it is governed by a law requiring the furnishing of any notice of:” and then lists them. So a notice governed by one of those laws is outside the chapter to that extent, unless 15 USC 7003 brings it back.
7 authorities
- statuteWis. Stat. § 137.15enactment date not established
The words that state the rule
(1) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. 137.15(2) (2) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.
- statuteWis. Stat. § 137.12enactment date not established
The words that state the rule
Except as otherwise provided in sub. (3) , this chapter does not apply to a transaction to the extent it is governed by: 137.12(2)(a) (a) Any law governing the execution of wills or the creation of testamentary trusts; 137.12(2)(b) (b) Chapters 401 and 403 to 410 , other than s. 401.306 .
- statuteWis. Stat. § 137.11enactment date not established
The words that state the rule
“Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
- statuteWis. Stat. § 137.12enactment date not established
The words that state the rule
To the extent that it is excluded from the scope of 15 USC 7003 , this chapter does not apply to a notice to the extent that it is governed by a law requiring the furnishing of any notice of:
- statuteWis. Stat. § 137.12enactment date not established
The words that state the rule
This chapter does not apply to any of the following records or any transaction evidenced by any of the following records: 137.12(2m)(a) (a) Records governed by any law relating to adoption, divorce, or other matters of family law. 137.12(2m)(b) (b) Notices provided by a court. 137.12(2m)(c) (c) Court orders. 137.12(2m)(d) (d) Official court documents, including briefs, pleadings, and other writings, required to be executed in connection with court proceedings.
- statuteWis. Stat. § 137.12enactment date not established
The words that state the rule
The cancellation or termination of utility services, including water, heat, and power service. 137.12(2r)(b) (b) Default, acceleration, repossession, foreclosure, or eviction, or the right to cure, under a credit agreement secured by or a rental agreement for a primary residence of an individual;
- statuteWis. Stat. § 137.12enactment date not established
The words that state the rule
This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under subs. (2) , (2m) , and (2r) to the extent it is governed by a law other than those specified in subs. (2) , (2m) , and (2r) .
“Defective” means that reading found something to correct. What you are reading is the rule as it stands after that reading.