It is the specific intent of the Congress that this subchapter and subchapter II of this chapter apply to the business of insurance. (j) Insurance agents and brokers. An insurance agent or broker acting under the direction of a party that enters into a contract by means of an electronic record or electronic signature may not be held liable for any deficiency in the electronic procedures agreed to by the parties under that contract if— (1) the agent or broker has not engaged in negligent, reckless, or intentional tortious conduct; (2) the agent or broker was not involved in the development or establishment of such electronic procedures; and (3) the agent or broker did not deviate from such procedures. DEFINITIONS IN § 7006 (1) Consumer The means an individual who obtains, through a transaction, products or term “consumer” services which are used primarily for personal, family, or household purposes, and also means the legal representative of such an individual. (2) Electronic The term means relating to technology having electrical, digital, magnetic, wireless, “electronic” optical, electromagnetic, or similar capabilities. (3) Electronic agent The term means a computer program or an electronic or other automated “electronic agent” means used independently to initiate an action or respond to electronic records or performances in whole or in part without review or action by an individual at the time of the action or response. (4) Electronic record The term means a contract or other record created, generated, sent, “electronic record” communicated, received, or stored by electronic means. (5) Electronic signature The term means an electronic sound, symbol, or process, attached to or “electronic signature” logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record. (6) Federal regulatory agency The term regulatory means an agency, as that term is defined in section 552(f) “Federal agency” of title 5. (7) Information The term means data, text, images, sounds, codes, computer programs, software, “information” databases, or the like. (8) Person
It is the specific intent of the Congress that this subchapter and subchapter II of this chapter apply to the business of insurance. (j) Insurance agents and brokers. An insurance agent or broker acting under the direction of a party that enters into a contract by means of an electronic record or electronic signature may not be held liable for any deficiency in the electronic procedures agreed to by the parties under that contract if— (1) the agent or broker has not engaged in negligent, reckless, or intentional tortious conduct; (2) the agent or broker was not involved in the development or establishment of such electronic procedures; and (3) the agent or broker did not deviate from such procedures. DEFINITIONS IN § 7006 (1) Consumer The term “consumer” means an individual who obtains, through a transaction, products or services which are used primarily for personal, family, or household purposes, and also means the legal representative of such an individual. (2) Electronic The term “electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (3) Electronic agent The term “electronic agent” means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part without review or action by an individual at the time of the action or response. (4) Electronic record The term “electronic record” means a contract or other record created, generated, sent, communicated, received, or stored by electronic means. (5) Electronic signature The term “electronic signature” means an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record. (6) Federal regulatory agency The term “Federal regulatory agency” means an agency, as that term is defined in section 552(f) of title 5. (7) Information The term “information” means data, text, images, sounds, codes, computer programs, software, databases, or the like. (8) Person
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