Are electronic signatures legal in the US?
Generally yes. The federal ESIGN Act says a signature or contract in a transaction affecting interstate commerce can't be denied legal effect just because it's electronic. The Act leaves out some documents, including wills and family-law matters such as adoption and divorce, and the person asking for your signature can still require a particular method.
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What the ESIGN Act says
The Electronic Signatures in Global and National Commerce Act became law in June 2000 (Public Law 106-229). For a transaction in or affecting interstate or foreign commerce, it says a signature, contract or other record “may not be denied legal effect, validity, or enforceability solely because it is in electronic form”.
That can reach a lot of everyday paperwork, as long as the transaction affects interstate commerce and isn't one of the exceptions below. State laws on electronic transactions also apply, and they can differ.
Documents the Act leaves out
Section 7003 of the Act lists documents the general rule doesn't apply to. They include:
- Wills, codicils and testamentary trusts.
- Adoption, divorce and other family-law matters.
- Most of the Uniform Commercial Code, apart from sales and leases of goods.
- Court orders and official court papers.
- Some consumer notices, such as utility shut-offs, foreclosure or eviction notices for a home, and cancellation of health or life insurance.
- Product recall notices and papers that must travel with hazardous materials.
For these, follow whatever the court, agency or other party asks for, which may be ink or a witness.
Before you sign online
- Ask whoever sent the document whether they accept an electronic signature, and in what form.
- Read the whole document first, and treat an electronic signature as seriously as ink.
- Keep a copy of the signed PDF.
Questions about electronic signatures
Is a typed name a valid electronic signature?
It can be, but whether a particular kind of signature is accepted depends on the document and the people involved. If it matters, ask whoever asked you to sign which methods they accept.
Does the other side have to accept my electronic signature?
No. The ESIGN Act says it doesn't require anyone to agree to use or accept electronic records or signatures, apart from some government cases. A landlord, bank or agency can ask for ink.
Does a signature added with FairFill PDF include an audit trail?
No. We place a picture of your signature on the page. We don't check who signed, keep a record of signing or seal the PDF against changes. If a document needs those, ask the sender how they want it signed.
Sources
- 15 U.S.C. 7001, General rule of validity (Cornell LII), read November 11, 2026
- Electronic Signatures in Global and National Commerce Act, Public Law 106-229 (govinfo.gov), read November 11, 2026
- 15 U.S.C. 7003, Specific exceptions (Justia), read November 11, 2026