It appears
the answer is yes, as long as you follow the steps in the “e-sign” act. There
are many different views on this so check with your attorney..
Here is an excerpt from a OMB letter:
E-SIGN eliminates barriers to
electronic commerce, while also providing consumers with
protections equivalent to those available in the world of
paper-based transactions. The Act makes clear that no person is
required to use electronic records, signatures, or contracts.
Indeed, E-SIGN requires that a consumer affirmatively consent to
the use of electronic notices and records. Prior to consenting,
the consumer must receive notice of his or her rights. Moreover,
the consumer must provide the affirmative consent electronically,
in a manner that reasonably demonstrates that the consumer can
access the electronic records that are the subject of the consent.
