§ 59.1-502.14

Electronic error; consumer defenses

(a. In this section, “electronic error” means an error in an electronic message created by a consumer using an information processing system if a reasonable method to detect and correct or avoid the error was not provided.

(b. In an automated transaction, a consumer is not bound by an electronic message that the consumer did not intend and which was caused by an electronic error, if the consumer:

(1. promptly on learning of the error:

(A. notifies the other party of the error; and

(B. causes delivery to the other party or, pursuant to reasonable instructions received from the other party, delivers to another person or destroys all copies of the information; and

(2. has not used, or received any benefit or value from, the information or caused the information or benefit to be made available to a third party.

(c. If subsection (b) does not apply, the effect of an electronic error is determined by other law.

History

2000, cc. 101, 996.

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