NCLC Digital Library: 6 Keys to Challenging Electronic Terms & Conditions

September 12, 2025 — Article

The unique nature of electronic contracts and electronic signatures provides grounds to challenge their enforceability, including whether a consumer’s electronic “signature” was logically associated with the terms and conditions buried in digital pages as well as whether it was the consumer who had visited the site or an imposter.  Use of electronic contacts during in-person transactions is even more prone to fraud and forgeries.

These issues are significant to not only whether a consumer has validly agreed to a transaction, but also whether the consumer has agreed to the transaction’s terms and conditions, like an arbitration requirement, consent to receive robocalls and texts, and limitations on the consumer’s remedies. This article sets out six keys to challenging terms and conditions found in electronic contracts.