DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 722 Engrossed 2020 Regular Session Gregory Miller
Abstract: Provides for the enforcement of electronic signatures by financial institutions and
authorizes recovery of costs and attorney fees.
Present law (R.S. 9:2601, et seq., Louisiana Uniform Electronic Transactions Act) provides for the
effect, use, and enforceability of electronic records and electronic signatures involved in a transaction
between two or more persons relating to the conduct of business, commercial, or governmental
affairs with certain exceptions. Present law (R.S. 9:2610) further provides for the effect of change
or error involving an electronic signature or record.
Proposed law explicitly provides that electronic signatures used in transactions by and with financial
institutions are enforceable to the full extent of the law.
Proposed law provides that if the purported signer claims that the electronic signature sought to be
enforced by a financial institution is not his own, the purported signer has the burden of proving that
the electronic signature is invalid or unenforceable.
Proposed law provides that a financial institution may submit corroborating evidence to provide that
an electronic signature is that of the purported signer and provides examples of such evidence.
Proposed law provides that in any litigation or arbitration where a purported signer of an electronic
record disputes the validity or enforceability of an electronic signature sought to be enforced by a
financial institution as authorized by present law, reasonable attorney fees and costs may be
recovered as follows:
(1)If the purported signer proves that the electronic signature is invalid or unenforceable, the
purported signer shall recover from the financial institution his reasonable attorney fees and
costs.
(2)If the signer does not prove that the electronic signature is invalid or unenforceable, the
financial institution shall recover from the signer its reasonable attorney fees and costs.
Present law provides for definitions. Proposed law applies present law definitions to proposed law.
(Amends R.S. 13:3733.1(A)(intro. para.); Adds R.S. 13:3733.3)