Can e-mails and text messages constitute a legally binding agreement? A binding basic contract must consist of four essential elements: there must be an offer, acceptance of that offer, consideration and the intention of both parties to establish legal relations. Due to the novelty of the SMS broadcast and the vagueness of the legal climate, companies and lawyers are better served to regroup in anticipation of a winter in Massachusetts, despite the lure of the sun in California. California`s legislation is unique, while Massachusetts` legislative history is almost identical to that of many other states and is differentiated primarily on the basis of jurisprudence. Therefore, in states that have adopted the Electronics Transactions Act, it is reasonable to assume that courts can develop their own jurisprudence in a manner comparable to that of Massachusetts. As long as these conditions are met, text messages and other forms of electronic communication are considered by the courts to be legally enforceable contracts. The E-Sign Act applies primarily to unilateral contracts for which only one party accepts the supplier`s terms. PactSafe`s text-to-sign function is a clear example, as standardized contracts awarded via PactSafe can be immediately depreciated on customers and customers for immediate acceptance. Therefore, Massachusetts businesses should be prepared that, if the requirements of the Fraud Act are met, a text message has greater legal reach and should be managed with care, such as an e-mail or other similar signed communications. Despite the changing legal environment, there are still practical steps that can be taken even if the company is not based in Massachusetts or California. Can text messages replace both bilateral and unilateral agreements negotiated between one or more parties? In order to avoid a costly breach of contractual actions, you will find below five tips for contract negotiations via SMS, emails or other forms of electronic communications: as more cases are dealt with by text, new legal problems will follow. For just a moment, these statistics are listening: as of 2017, 8 trillion texts a day have been sent worldwide.