Legal News – March 2014

Legal News – March 2014

Consumer credit: ‘I Accept’ …signing on the virtual dotted line

The High Court has ruled that electronic signatures are valid under the Consumer Credit Act 1974 in Bassano v Toft and others [2014] All ER (D) 36 (Mar) [2014] EWHC 377 (QB). The judge said that there was nothing in CCA 1974 to suggest that regulated agreements should not be capable of electronic signatures and he could see no reasons of policy why a signature should not be capable of being affixed and communicated electronically to an agreement regulated by CCA 1974.

Given the prevalence of payday loans and the ubiquity of the Internet in the consumer credit environment, it is probably a relief for lenders that the court held that clicking 'I Accept' was a sufficient signature to meet the requirements of CCA 1974. Indeed

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About the author:
Helen Hart studied in Cardiff and Germany and qualified as a solicitor in 1998 after a training contract at Allen & Overy in London and Frankfurt. She spent over six years working in-house at Centrica plc and Palm Europe Limited focusing mainly on consumer, advertising and data protection law before returning to private practice at Stevens & Bolton where she was an associate in the corporate and commercial team. She worked for a legal publisher between 2008 and 2012 and has also worked in local government library services. Her main areas of expertise are general commercial law, advertising law and consumer law.