Electronic signatures—or e-signatures—are everywhere. We click “Agree” or type our name on a device to open bank accounts, purchase vehicles, rent apartments, or accept online terms. Before you sign electronically, here’s what to know.
Are E-Signatures as binding as an actual “Wet Ink” Signature? Not Always!
An e-signature can be as valid as a handwritten one, but only if certain rules are met. Businesses must get your consent to use electronic records. As well, they must prove you can open and read them. Often a test file is sent to the consumer to confirm receipt. The business must also inform the consumer of the following:
1. The option to receive paper copies
2. The option to withdraw consent at anytime, and explain how to do it.
3. Whether consent applies to one deal or all future ones.
4. How to update contact information.
5. The type of device or software is needed to receive communications.
These safeguards exist so that consumers are not tricked into signing documents that may be difficult to see online or save.
What is an “E-Signature”?
The term “e-signature” is more than a digital image of your written signature. The law defines “electronic signature” broadly. It is any sound, symbol, or process used to show intent to sign a document. E-signatures can be:
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- Typing your name at the end of an email
- Clicking an “I agree” button
- Uploading an image of your handwritten signature
- Saying “yes” in a recorded call.
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The key is intent—you must intend to sign the electronic contract that your signature is applied to. But some companies may forge or copy and paste e-signatures to contracts that were never approved by the consumer. Forging an e-signature is illegal, just like forging a signature in ink on paper.
What “Metadata” Reveals
When you sign electronically, the system stores “metadata”, or hidden information that proves authenticity of the electronic document. Metadata
can show:
- Personal information: name, email or IP address
- Time and place: exact date, time and location when a signature was applied
- Device details: the computer, phone, tablet, or other device used to apply the signature
- Security codes: Digital ID that shows the file was not changed.
Metadata can even show whether a signature was forged—like proving it came from a location you had never been or device you never used.
Are ink signatures on paper documents still required?
While e-signatures are legal on many documents, some notices, such as those listed below, are required to be delivered in paper form and signed in ink. This is to insure that the person is fully informed and in agreement with the document.
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- Car repossession or mortgage foreclosure notices
- Utility, insurance, or benefit cancellations
- Eviction notices
- Lawsuits
- Product recalls or safety warnings
- Documents involving hazardous materials
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The Bottom Line
Be cautious.
E-signatures are fast and convenient. Used correctly, they are safe and legally binding. However, salespeople are trained to guide consumers in the purchase process and make them feel comfortable to get an e-signature on the documents they need.
Do your due diligence BEFORE e-signing
1) Take time to read all documents that are signed.
2) Get all questions answered.
3) Do not feel pressured to sign.
4) Request a paper copy of all documents showing your e-signature.
5) Maintain a complete file with all documents, handwritten notes, emails, text and phone messages.
Seek help from a qualified consumer law firm
Was your e-signature forged on a document? Were you tricked into an agreement?
Contact us.
Flitter Milz has helped many consumers across the country hold companies accountable for electronic forgery and deceptive practices in the use of
e-signatures.
For a no cost legal evaluation.
Phone: 888-668-1225
Email: consumers@consumerslaw.com
E-signatures are legally valid in most places, which means they carry the same weight as a handwritten signature. The problem is that many e-signature platforms don’t do much to confirm someone’s identity before they sign. If a crooked salesman gets into your email or other online accounts, they may be able to sign contracts in your name without you knowing. Unlike a physical signature, there’s no handwriting to compare, so proving you didn’t sign can be very difficult.
With handwritten signatures, experts can look for clues—like pen pressure, writing style, and unique letter shapes—to spot a forgery. But with e-signatures, there’s nothing physical to examine. Many systems let you “draw” a signature with a mouse or finger, but a scammer can copy yours from another document or even generate one that looks close enough.
When signing electronically, we recommend that you add the date immediately next to your signature. For example, this might look like “John Doe 8/15/2025.” Even if there is a separate space or line for the date, you reduce the risk of loss from a stolen signature by placing the date immediately next to your signature every time.
This past summer our attorneys visited Joint Base McGuire-Dix-Lakehurst in New Jersey and Dover Air Force Base in Delaware to educate military lawyers (commonly known as Judge Advocates General or “JAGs”) about common scams targeting servicemembers and how consumer protection laws exist to give our men and women in uniform some measure of relief.
Young and impressionable servicemembers often become targets of scammers. Factors such as reliable pay checks and great military benefits, as well as being subject to sudden deployment and relocation, make servicemembers easy prey for payday lenders, buy-here-pay-here auto dealers, and sub-prime finance companies.
Fortunately, the “Military Lending Act” places caps on interest rates to be charged, mandates certain disclosures, and prohibits the use of arbitration clauses in credit agreements. A violating seller can face punitive damages and having to pay the servicemember’s attorney fees.
The “
Flitter Milz is a nationally recognized consumer protection law firm that assists servicemembers who have become victim to credit reporting privacy and accuracy violations, abuse from debt collectors, and vehicle repossessions by aggressive lenders and repo agents.
An individual or business may request access to a consumer’s credit file, but they must obtain written permission from the consumer. Often, during the process of applying for credit, interviewing with a prospective employer or landlord, or applying for utilities, there may be a request to access the consumer’s credit file. Many times the credit application will serve as written permission. Other times, a specific document will be presented to the consumer for his or her signature.
Consumers must 
Flitter Milz is a nationally recognized consumer protection law firm that represents consumers in matters involving credit reporting accuracy and privacy. 
Identity theft happens when someone uses your personal or financial information without your permission. It can damage your credit status and ability to utilize credit. If you suspect someone has stolen your identity, it’s important to take action immediately. The consequences can be disastrous, but following these steps will help secure your information and prevent your credit from getting tarnished by someone else’s actions.
File a Police Report with the local police department and request a copy of the report for your files. A copy of the police report must accompany all disputes to the bank and or creditor.
When you discover suspicious charges or withdrawals on an account, immediately contact the bank or creditor and inform them that the charges were not made by you. Follow up the call with a letter confirming specific details of the issue. Keep a copy of all correspondence for your files.
Identity Theft must be reported to the Federal Trade Commission through submission of an Identity Theft Affidavit. This form must be completed and signed in the presence of a law enforcement officer, then submitted to the Federal Trade Commission.
After discovering suspicious activity on a credit card or bank account statement, contact the three main credit bureaus – Transunion, Experian and Equifax – to place a fraud alert on your credit file.
Request a copy of your credit report
After review of your credit reports and identification of accounts that do not belong to you, a Blocking Letter should be sent to the credit bureau. The Blocking Letter confirms:
Organize your files with all information related to the identity theft. As each case of identity theft is unique, it can take months, or even years to untangle the fraud and restore your credit.
