# Consumer disclosure

A consumer disclosure is the statement a consumer must see, and agree to, before electronic records can replace paper ones that another law says must be given in writing.

## In plain words

Section 101(c) of the ESIGN Act adds a rule for consumers. If another law requires that a consumer be given some information in writing, an electronic copy only counts if the consumer first got a clear statement and then consented. The statement must cover:

- any right to have the record on paper, and the right to withdraw consent, with any fees or consequences
- whether consent covers only this transaction or a category of records
- how to withdraw, and how to update contact details
- how to get a paper copy, and any fee
- the hardware and software needed to open and keep the records

The consumer must then consent in a way that reasonably shows they can open the format that will be used.

A "consumer" here is a person getting products or services mainly for personal, family or household use.

## An example

A tenant signs a [residential lease](/templates/residential-lease-agreement) online. Before the lease appears, the signing page shows the disclosure. The tenant reads it, opens a short test PDF, types the code shown inside it and agrees. Only then do they see and sign the lease.

## How it shows up in docuinked

The disclosure is on by default for every document. The signer reads it, opens a test PDF and types its code, which shows they can open PDFs. Their consent is recorded as its own event, with the time and a fingerprint of the exact disclosure text. They can choose **Decline** or **Request paper** at any time before signing. You can read the [exact wording we show](/legal/esign-disclosure).

You can turn it off with `consumer_disclosure: false` on `create_document`, for business-to-business documents where your lawyer agrees it isn't needed.

## Who owns the duty

The duty sits with the business giving the record, not with the signing tool. A tool can't know when another law requires a writing for your document. That is why we leave it on unless you choose otherwise.

## Common confusions

**Not every e-signature needs it.** It is triggered by a law requiring a writing to a consumer, not by every consumer signature.

**Skipping it is not harmless.** ESIGN has a narrow rule that a contract isn't invalid just because one consent step was missed. It covers only that one step. Don't rely on it.

## Related terms

- [ESIGN Act](/glossary/esign-act)
- [UETA](/glossary/ueta)
- [Audit trail](/glossary/audit-trail), where the consent event is kept

## Sources

Checked 2026-11-07.

- [15 USC 7001(c)](https://www.law.cornell.edu/uscode/text/15/7001)
- [15 USC 7006, definition of consumer](https://www.law.cornell.edu/uscode/text/15/7006)
- [DLA Piper on Bradley v. DentalPlans.com](https://www.dlapiper.com/insights/publications/2024/06/esign-consumer-disclosures-must-be-provided-and-consent-obtained-to-meet-tcpa)

This page is general information, not legal advice.

## Common questions

### Why does the signer have to open a test PDF?

ESIGN asks for consent in a way that reasonably shows the consumer can open the electronic format. Opening a PDF and typing its code is direct proof of that.

### Can I change the disclosure wording?

Not in the app today. The text shown is our standard wording. If you need your own, send your own disclosure inside the document and talk to your lawyer about whether that is enough.

### Does turning the disclosure off speed up signing?

Yes, by one short step. Only turn it off for documents between businesses, where you are confident no consumer writing rule applies.