What must a US customer contract and website terms contain?
Four layers apply at once: the default sales law of the state, the federal prohibition of deceptive practices, the rules for recurring charges, and the conditions for a binding electronic signature. Silence in the contract does not mean absence of terms, it means the default terms apply.
The answer differs between the federal level and the states, see the rows below.
The answer by level
Contract rule
A sale of goods is governed by article 2 of the commercial code as enacted in the state, which supplies default terms on delivery, warranty and remedies where the contract is silent.
U.C.C. Article 2, as enacted state by stateFederal level
Unfair or deceptive acts or practices in commerce are prohibited, which covers pricing claims, testimonials, and disclosures made on the website.
15 U.S.C. § 45Threshold
An online subscription requires clear disclosure of the material terms, informed consent before the charge, and a simple mechanism to stop recurring charges.
15 U.S.C. §§ 8401 to 8405, Restore Online Shoppers' Confidence ActContract rule
A signature or record may not be denied legal effect solely because it is electronic, provided the consumer consent requirements are met.
15 U.S.C. § 7001, Electronic Signatures in Global and National Commerce Act
Source lines
- Article 2 of the commercial code supplies delivery, warranty and remedy terms where the contract does not.
- Section 5 prohibits unfair or deceptive acts or practices, including how a price or a testimonial is presented.
- Online recurring charges require clear disclosure, informed consent and a simple cancellation mechanism.
- Electronic signatures and records have legal effect where the consent conditions are met.
What it means for the company
The terms that are missing are the terms a court will supply. Writing the warranty, the limitation and the governing law is cheaper than litigating the default.
| Level | Requirement | Source |
|---|---|---|
| Contract rule | A sale of goods is governed by article 2 of the commercial code as enacted in the state, which supplies default terms on delivery, warranty and remedies where the contract is silent. | U.C.C. Article 2, as enacted state by state |
| Federal level | Unfair or deceptive acts or practices in commerce are prohibited, which covers pricing claims, testimonials, and disclosures made on the website. | 15 U.S.C. § 45 |
| Threshold | An online subscription requires clear disclosure of the material terms, informed consent before the charge, and a simple mechanism to stop recurring charges. | 15 U.S.C. §§ 8401 to 8405, Restore Online Shoppers' Confidence Act |
| Contract rule | A signature or record may not be denied legal effect solely because it is electronic, provided the consumer consent requirements are met. | 15 U.S.C. § 7001, Electronic Signatures in Global and National Commerce Act |
What it means for the individual
A consumer keeps the right to a clear disclosure before a charge and a cancellation path no harder than the sign up.
Source lines
- Uniform Commercial Code Article 2, sales of goodsU.C.C. Article 2, as enacted state by state · read 2026-08-25 · proof e56559e8a7188377
- Federal Trade Commission Act, Section 5, unfair or deceptive acts or practices15 U.S.C. § 45 · read 2026-08-25 · proof e56559e8a7188377
- Federal Trade Commission15 U.S.C. §§ 8401 to 8405, Restore Online Shoppers' Confidence Act · read 2026-08-25 · proof e56559e8a7188377Official source
- U.S. Government Publishing Office15 U.S.C. § 7001, Electronic Signatures in Global and National Commerce Act · read 2026-08-25 · proof e56559e8a7188377Official source
Next step
Review the contract for warranty, limitation of liability, governing law and cancellation, and check that the website discloses the same terms it charges on.
This page reports what the sources say, with the identifier and address of the publisher. It is not legal advice and does not decide an individual matter.
Next step
Three ways to put the register to work in your own practice.
Start with your task
Litigation
Find support in a judgment
Search guiding decisions, see what became final and follow changes in the law.
In-house, deals
Map the rules in a transaction
Move from theme to act and on to the article that carries the duty.
Compliance
Assess the risk in a process
Risk scoring per legal area, with the sources behind every score.