§ 24-71.3-103 — Scope

Colorado § 24-71.3-103

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Uniform Electronic Transactions Act

Text

(1) Except as otherwise provided in subsection (2) of
this section, this article applies to electronic records and electronic signatures
relating to a transaction.

(2) This article does not apply to a transaction to the extent it is governed by:

(a) A law governing the creation and execution of wills, codicils, or
testamentary trusts;

(b) The Uniform Commercial Code, title 4, C.R.S., other than section 4-1-306, C.R.S., and articles 2 and 2.5 of title 4, C.R.S.

(3) Additional exceptions. This article shall not apply to:

(a) Court orders or notices or official court documents, including briefs,
pleadings, and other writings, required to be executed in connection with court
proceedings;

(b) Any notice of:

(I) The cancellation or termination of utility services, including water, heat,
and power;

(II) 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, provided that nothing in this subparagraph (II) shall
prohibit any record related to a foreclosure from being sent or received in
electronic form or by electronic means between the owner of an evidence of debt or
the attorney for such owner and the office of a public trustee or sheriff, nor shall
anything in this subparagraph (II) prohibit the office of a public trustee or sheriff
from receiving or storing any record related to a foreclosure in electronic form or by
electronic means;

(III) The cancellation or termination of health insurance or benefits or life
insurance benefits, excluding annuities; or

(IV) Recall of a product, or material failure of a product, that risks
endangering health or safety; or

(c) Any document required to accompany any transportation or handling of
hazardous materials, pesticides, or other toxic or dangerous materials.

(4) This article applies to an electronic record or electronic signature
otherwise excluded from the application of this article under subsection (2) of this
section to the extent it is governed by a law other than those specified in said
subsection (2).

(5) A transaction subject to this article is also subject to other applicable
substantive law.

(6) (a) This article is not intended to limit, modify, or supercede the
requirements of section 101 (d), 101 (e), 102 (c), 103 (a), or 103 (b) of the federal
Electronic Signatures in Global and National Commerce Act, 15 U.S.C. sec. 7001
(d), 7001 (e), 7002 (c), 7003 (a), and 7003 (b).

(b) The consumer disclosures contained in section 101 (c) of the federal
Electronic Signatures in Global and National Commerce Act, 15 U.S.C. sec. 7001
(c), are incorporated by reference and shall also apply to intrastate transactions.

Legislative History

Source: L. 2002: Entire article added, p. 847, � 1, effective May 30. L. 2005: (3)(b)(II) amended, p. 397, � 1, effective August 8. L. 2006: (2)(b) amended, p. 505, � 54, effective September 1.