So, we have the program, the consent from cust. to receive disclosures to loans, etc. I keep agnoziing over the prctice that we had to have in place for when we set customers up for e-statements. In addition to the disclosure " you need this and that, you will agree to electronic notices, you can get copies, etc. etc.) ALSO, we had to do a test for each account (send an e-mail and make sure it gets back to us) as the last step.

In the case of our loan online program, the customer must check a "site" on the program. We do not communicate to the customer via e-mail. They are told to check the site often for memos, disclosures, etc. As we are not dealing with a push or pull situation, via e-mail, as we did for e-statements, do we need to do the test anyways? I think not, as they are sending us messages, etc. but I want to make sure.

Customers must demonstrate capability to receive and use e-documents in one manner or another. Given the many ways e-delivery could be configured, there's no "one size fits all" rule - just a common sense judgment. If the customer has received all the necessary disclosures about your e-delivery method, hardware, software, etc.; has made an affirmative request for e-delivery; and has demonstrated his/her ability to receive and open a document of the type to be used for items which must be "in writing", then documents delivered in this manner are "written" for all legal purposes.

Thank you. That clarifies the process for me.