Email Disclaimers

Have ever thought of developing a disclaimer statement for your company's outgoing email messages? I recommend that companies consider developing an out going email disclaimer that addresses the potential liability that may attach to misdirected or altered electronic messages.

Companies should also consider whether they want to include additional language to disclaim the provisions of the Uniform Electronic Transactions Act ("UETA"), MCL 450.385 et seq. The UETA allows parties to form contracts electronically as opposed to requiring that documents bear original signatures. In many cases, the contractually binding effect the UETA gives to electronic documents is very convenient. However, there may be occasions where a company might want to limit the contracting authority of its personnel by requiring that all contracts be signed by conventional, rather than electronic means. To this end, the UETA allows parties to disclaim the contractually binding effect of its electronic transmissions. MCL 450.835(2).

Companies should also be aware of the Unsolicited Commercial Email Protection Act, MCL 445.2501 et seq. This Act requires that certain information must be provided in any transmission of unsolicited email pertaining to the exchange of goods or services. MCL 445.2502. Unsolicited sales emails sent to recipients with whom the company has a preexisting business relationship are not regulated by the Act. If your company is sending emails that could fall under the category of unsolicited commercial email, those emails must contain language that identifies the source and recipient of the email and provides a convenient way for the recipient to opt out of receiving future unsolicited commercial email messages. MCL 445.2504. Failure to conform with this requirement may result in both civil liability and criminal penalties for each non-conforming email that is sent. MCL 445.2508; MCL 445.2507.

If you would like further information on a specific email disclaimer that might work for your company feel free to contact me.