Section 10. If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules shall 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:
(A) 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; and
(B) 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
(C) has not used or received any benefit or value from the consideration, if any, received from the other person.
(3) If neither subparagraph (1) nor subparagraph (2) applies, the change or error has the effect provided by other law and the parties' contract, if any.
(4) Subparagraphs (2) and (3) may not be varied by agreement.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XV - Regulation of Trade
Chapter 110g - Uniform Electronic Transactions
Section 3 - Application of Chapter; Transactions Governed by Other Laws
Section 4 - Electronic Records or Electronic Signatures Governed by Chapter
Section 5 - Transactions Governed by Chapter; Consent of Parties; Waiver
Section 6 - Construction of Chapter
Section 7 - Electronic Signature; Enforceability; Satisfaction of Legal Requirements
Section 9 - Attribution of Electronic Signature; Effect
Section 10 - Change or Error During Transmission of Electronic Record
Section 11 - Fulfillment of Notarization, Acknowledgement, Verification, or Oath Requirements
Section 12 - Retention Requirements
Section 13 - Legal Proceedings
Section 14 - Automated Transactions; Contracts
Section 15 - When Electronic Record Is Sent and Received; Location; Knowledge; Documentation
Section 16 - Transferable Record; Control; Holder for Purposes of Uniform Commercial Code; Proof