Car Dealers Push for Electronic Signatures: A Dangerous Idea

Car Dealers are pushing the legislature to allow them to get electronic signatures from consumers. It is a bad idea that consumer advocates have successfully blocked in the past.
Now, however, the anti-consumer forces have gained a new author in the Senate Judiciary, Senator Tom Omberg.
Here is the link to the bill: UETA — SB 361 — https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB361
The bill is set for hearing next week.
The UETA says one cannot refuse to enforce a contract SOLELY on the ground that the signature was electronic. One must still prove an agreement to contract electronically and that the signature was authentically by the consumer. Dealers were originally and currently excluded due to their past history of fraud, forgery and abuse of the elderly, disabled, and non-English speakers. The dealers MUST describe how they intend to obtain electronic signatures before being allowed to do so?
Watch out lower-income consumers and/or the disabled or elderly who do not have (or have difficulty using) personal electronic devices that can provide a better route to authentication of signatures through DocuSign, etc. Signing-on to dealership computers is problematic for authentication. It also presents problems of fraud / forgery (and in an industry rife with such problems) which could be more easily done as electronic signatures are not as unique as handwritten, and dealerships may gain access to the consumer’s email by obtaining passwords or the portable electronic device to which the docs are sent, etc. Paper and wet signatures are less vulnerable in that sense. The physical act of signing paper is also more of a well-understood and solemn act.
Another big concern is that dealers will argue that by removing the exemption, dealers are therefore excused from certain of the ASFA’s requirements for such things as the “single document rule,” provision of the RISC and credit statements prior to delivery, etc. The Vehicle Leasing Act has some similar provisions. TILA has a requirement that a copy of the RISC be provided and that the consumer may leave with it. The removal of the exemption does not change the requirements of any state consumer protection law, but if it did? Watch Out California Car Buyers!