P.R. Laws tit. 10, § 4092
Notwithstanding the provisions in this chapter, when any law or regulation requires that specific information be delivered or made available to a consumer in writing, the use of an electronic document shall fulfill said requirement if:
(a) The consumer consents in an attesting manner to the use of the electronic document and has not otherwise withdrawn his/her consent; and, if prior to giving his/her consent, the consumer is given a clear and conspicuous statement that:
(1) Informs the consumer of any right or option to which he/she is entitled for the documents or information to be sent in writing, or an otherwise non-electronic manner, and the right he/she has to withdraw his/her consent to receive documents or information electronically, once such consent has been given, in addition to any other condition, consequence (including termination of the relationship between the parties) or any additional expenses resulting from the withdrawal of such consent;
(2) informs the consumer whether his/her consent to receive electronic documents or information applies only to the specific transaction that results in the obligation to provide a document or to identified categories of documents that may be provided in the context of the transaction between the parties;
(3) describes the procedures to withdraw consent and the procedure to update his/her contact information, and
(4) notifies the procedure to be followed and the additional charges that may apply to obtain a written copy of any electronic document or information he/she has received.
(b) The consumer: —
(1) Prior to consenting, shall be provided with information on the equipment and software or application required to access and retain electronic documents.
(2) Consents or confirms by electronic or any other means that reasonably shows that he/she, as a consumer, has access to the electronic documents or information in the manner to be used to send electronic documents or information in the transaction for which he/she gave his/her consent.
(3) After having given his/her consent, if any change in the equipment or application described in subsection (1) above represents a material risk for said consumer in such a manner that he/she shall not be able to access or retain electronic documents or information afterwards, (i) the person who provides the electronic documents or information shall provide to the consumer an updated itemization of the equipment and applications or software necessary to access and retain electronic documents or information, and (ii) shall provide an itemization of the procedure to be followed to withdraw consent without imposing additional costs, conditions or consequences on the consumer, except those described in subsection (a)(4) of this section, and shall inform the consumer how to obtain, upon request, a written copy of the electronic documents or information he/she has received and if any additional charges apply for said copy, and once again complies with this section.
(c) The provisions in this section applicable to consumer transactions shall not be altered or modified by agreement between the parties.
History —Aug. 8, 2006, No. 148, § 13.