Under the Uniform Electronic Transaction Act, which has been adopted in all jurisdictions, including Utah, section 13 states that a “record or signature may not be denied legal effect or enforceability solely because it is in electronic form.” It is unlikely that Utah would deny an email or text message from being a ...
From a legal perspective, a contract is made when one party makes a valid offer and another party accepts that offer, and that can often be done verbally. However, Utah law requires that some types of agreements must be in writing.
(b) Notice by electronic transmission is written notice. (2) (a) Subject to compliance with any requirement that notice be in writing, notice may be communicated in person, by telephone, by any form of electronic transmission, or by mail or private carrier.
In addition to generally being a bad practice, it is also illegal to send unsolicited text messages to people without their consent, and the fines can be heavy. This is why obtaining consent is so important. The penalties for violating the TCPA can be severe.
Generally, contracts that include an offer, consideration, capacity to contract, and acceptance, are deemed valid by the courts. This is the case for written contracts, digital legal documents, or agreements over text, email, or other forms of communication.
California. California's Public Records Act (CPRA) treats electronic communications, including text messages, as public records if they are used to conduct public business. This law applies regardless of whether the communication device is personally owned or provided by the government.
Ing to Utah Code 41-6a-1716 subsections 1 and 2, a driver may not use any “handheld wireless communication device” (a mobile phone, laptop, tablet, or similar electronic device) while operating a motor vehicle. A list of prohibited actions includes: Writing, sending, or reading text messages or instant messages.