Section 58-1-30 - Conditions for transmission of electronic documentsAn insurer may only deliver a notice or document to a party by electronic means pursuant to §§ 58-1-27 to 58-1-39, inclusive, if:
(1) The party affirmatively consents to the electronic delivery and has not withdrawn the consent;(2) The insurer provides the party with a clear and conspicuous statement, prior to obtaining the party's consent, informing the party of:(a) Any right or option of the party to have the notice or document provided or made available in paper or another nonelectronic form;(b) The right of the party to withdraw consent to have a notice or document delivered by electronic means and any fees, conditions, or consequences that may be imposed in the event consent is withdrawn;(c) Whether the party's consent applies:(i) Only to the particular transaction as to which the notice or document must be given; or(ii) To an identified category of notices or documents that may be delivered by electronic means during the course of the parties' relationship;(d) The means by which a party may obtain a paper copy of a notice or document delivered by electronic means, after the party consents to electronic delivery; and(e) The procedure a party must follow to withdraw consent to have a notice or document delivered by electronic means and to update information needed to contact the party electronically;(3) The insurer ensures that the party:(a) Is provided with a statement of the hardware and software requirements for access to and retention of a notice or document delivered by electronic means before the party consents to electronic delivery; and(b) Consents electronically, or confirms consent electronically, in a manner that reasonably demonstrates the party can access information in the electronic form that will be used for notices or documents delivered by electronic means; and(4) The insurer, in the event a change in the hardware or software requirements needed to access or retain a notice or document delivered by electronic means creates a material risk that the party will not be able to access or retain a subsequent notice or document, provides the consenting party with a statement of: (a) The revised hardware and software requirements for access to and retention of a notice or document delivered by electronic means; and(b) The right of the party to withdraw consent without the imposition of any fee, condition, or consequence that was not disclosed under subsection (2)(b) of this section.Added by S.L. 2014, ch. 230,s. 4, eff. 7/1/2014.