15. July 2025

The Signature Trap: Why Clicking ‘I Agree’ Can Still Wreck Your Case | JDE Law Firm

The Signature Trap: Why Clicking ‘I Agree’ Can Still Wreck Your Case

E-signatures are fast, easy—and dangerous when done wrong. Every week, I hear from business owners, consultants, and contractors who relied on a digital signature... and now face a courtroom surprise: “This agreement isn’t enforceable.”

Let’s break down why clicking “I Agree” might not protect you—and what to do instead.

1. Not All E-Signatures Are Legally Valid

In NY and NJ, both the federal E-SIGN Act and state laws (like NYS Tech Law § 302 and NJSA 12A:12-7) generally recognize e-signatures. But only if:

Each party intended to sign the document
The system used was reasonably reliable
Consent to electronic delivery/signature was recorded

Just pasting a name in a Word doc or clicking “I Agree” isn’t enough if the rest of the agreement lacks clarity.

2. Browsewrap vs. Clickwrap: A Lawsuit in the Making

Most tech contracts fall into one of two camps:

Clickwrap: You check a box that says “I agree to the terms.” Usually enforceable.
Browsewrap: Terms are posted somewhere, but you never confirm acceptance. These often fail in court.

If you run a platform or service, use clickwrap and keep timestamped records. If you’re signing something, make sure you actively clicked or consented in writing.

3. Authentication & Proof: Who Really Signed It?

One of the biggest traps in litigation: you can’t prove who clicked “I Agree.” Unless your system logs IP address, timestamp, and identity verification, the other party might simply deny signing.

For high-value deals, use services like DocuSign or Adobe Sign that provide full audit trails. Screenshots and email receipts matter too.

4. Missing Terms, Attachments, or Exhibits

A digital contract is only as strong as its contents. If the terms reference a “Schedule A” or scope of work that was never attached—or was changed after signing—you may be out of luck.

🛠️ Fix this: Always keep a PDF copy of the entire executed agreement and attachments as of the signature date.