If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:
(1) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record;
(2) In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual:
(i) Promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person;
(ii) Takes reasonable steps, including steps that conform to the other person’s reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and
(iii) Has not used or received any benefit or value from the consideration, if any, received from the other person;
(3) If neither item (1) nor item (2) of this section applies, the change or error has the effect provided by other law, including the law of mistake, and the parties’ contract, if any; and
(4) Items (2) and (3) of this section may not be varied by agreement.
Structure Maryland Statutes
Title 21 - The Maryland Uniform Electronic Transactions Act
Section 21-103 - Prospective Application
Section 21-104 - Use of Electronic Records and Electronic Signatures; Variation by Agreement
Section 21-105 - Construction and Application
Section 21-107 - Provision of Information in Writing; Presentation of Records
Section 21-108 - Attribution and Effect of Electronic Record and Electronic Signature
Section 21-109 - Effect of Change or Error
Section 21-110 - Notarization and Acknowledgment
Section 21-111 - Retention of Electronic Records; Originals
Section 21-112 - Admissibility in Evidence
Section 21-113 - Automated Transaction
Section 21-114 - Time and Place of Sending and Receipt
Section 21-115 - Transferable Records
Section 21-117 - Acceptance and Distribution of Electronic Records by Governmental Agencies
Section 21-118 - Interoperability
Section 21-118.1 - Use of Electronic Postmarks