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Are the mobile signatures used in Square, PayPal and Flint payment apps legally binding?

• Example: http://Flint.com allows you to sign a credit card payment on your smartphone/tablet. You use your forefinger like a pen writing your signature right on the touchscreen. The so created handwritten signature looks very much like a physical signature on paper. Is this legally binding? Is this self-developed or does anybody know the actual creator of this app?

• Answer:

  In all 50 states and territories of the US "Electronic Signatures" are viewed as enforceable and binding to all parties to the agreement(s).  The electronic facsimile of a cardholder's signature is not just an artifact of Flint, but also of Square, PayPal and other mobile payment companies.  You will also witness signature pads at all large retailers in the US. The First Electronic Signature Was Morse Code The case law reaches back to the 1850s in the US where Morse Code was transmitted via Telegraphy [1]. Saturday, June 10th, 1871,  Samuel F. B. Morse sending his last telegraph message, his signature: "S ...  F .-.  B -...       M --  O . .  R . ..  S ...  E ." to a standing ovation. 1869 And The First Legal Test Of An Electronic Signature In 1869 the New Hampshire Supreme Court decided a case that challenged if a telegraphed contract was valid.  In the findings: "It makes no difference whether that operator writes the offer or the acceptance,  with a steel pen an inch long attached to an ordinary penholder, or whether his pen be a copper wire a thousand miles long. In either case the thought is communicated to the paper by the use of the finger resting upon the pen; nor does it make any difference that in one case common record ink is used, while in the other case a more subtle fluid, known as electricity, performs the same office." This ruling has formed the foundation in US law all the way up to the Facsimile machine and the current finger signatures that are common to the current smartphone payment apps.  The US codified the law more clearly in the E-Sign Act ( the Electronic Signatures in Global and National Commerce Act} from 2001 [2].  This expands upon the prior Uniform Electronic Transactions Act (UETA) [3]. The E-Sign Act states: (a) IN GENERAL.—Notwithstanding any statute, regulation, or other rule of law (other than this title and title II), with respect to any transaction in or affecting interstate or foreign commerce— (1) a signature, contract, or other record relating to such transaction may not be denied legal effect, validity, or enforce- ability solely because it is in electronic form; and (2) a contract relating to such transaction may not be denied legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. A Payment Card Transaction Is A Signed Contract A Payment Card transaction is a contract between the cardholder and the card issuing bank and indirectly the merchant.  When a cardholder authorizes a bank for the use of a Payment Card they are also authorizing your approval of all transactions with or without a signature. Thus at the very least there is cardholder authorization for a transaction that was conducted using an Electronic Signature regardless of the E-Sign Act.  But with the E-Sign Act the mark would be considered valid unless the cardholder contests or otherwise repudiates the transaction.  This would be considered a Chargeback and it is another thing entirely (see: ). Apple And A New IOS "Home Button", A Finger Print Electronic Signature System The electronic signature will continue to evolve. In the future other unique identifiers will be used to confirm or authorize a payment card transaction.  Look for Apple to release an integrated fingerprint scanner (for a multitude of reasons) in to new IOS devices that can be used as an electronic signature to confirm and authorize payment card transactions (see: ).  This feature will form the basis of Apple's new iWallet and extension to Passbook.  Image from the 2008 Apple patent 20100082444 showing NFC Logo and fingerprint scanner (using the older AuthenTec thin rectangular finger print scanner AES2750).  I believe the actual fingerprint scanner will be the Home Button using another AuthenTec product.  A long Journey The electronic signature has come a very long way from the days of Mr. Morse's invention.  However the intent continues to perform the same basic human function, I authorize and confirm this contract. ___ 1) http://crawls-wm.us.archive.org/katrina/20051022073309/http://www.cato.org/speeches/sp-ss031799.html#1b 2) http://www.gpo.gov/fdsys/pkg/PLAW-106publ229/pdf/PLAW-106publ229.pdf 3) http://en.wikipedia.org/wiki/Uniform_Electronic_Transactions_Act