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#1145370 - 03/16/09 02:04 PM Dead horse, dead brain, need an opinion
RGS Offline
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RGS
Joined: Jul 2002
Posts: 689
Home of the 8 time NCAA Champ ...
I'm trying to decide whether or not E-Sign is going to apply in this situation.

Customers are applying in person or over the telephone. Someone at the Bank has decided we could improve customer service by e-mailing account disclosures as opposed to snail mailing them. My opinion is that unless the customer has explicitly agreed to the electronic delivery of disclosures that we should stick with stamps.

Am I missing something here?
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Kentucky basketball isn't a matter of life and death, it's much more important than that.

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eBanking / Technology
#1145379 - 03/16/09 02:13 PM Re: Dead horse, dead brain, need an opinion RGS
John Burnett Offline
10K Club
John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
If the disclosures in question are required by a federal regulation to be in writing, you'll need to comply with E-SIGN in order to make electronic delivery of those disclosures legally equivalent to the required written form.
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John S. Burnett
BankersOnline.com
Fighting for Compliance since 1976
Bankers' Threads User #8

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#1145401 - 03/16/09 02:55 PM Re: Dead horse, dead brain, need an opinion John Burnett
RGS Offline
Platinum Poster
RGS
Joined: Jul 2002
Posts: 689
Home of the 8 time NCAA Champ ...
Thank you John. I was afraid that I was correct.
_________________________
Kentucky basketball isn't a matter of life and death, it's much more important than that.

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#1145469 - 03/16/09 03:55 PM Re: Dead horse, dead brain, need an opinion RGS
Richard Insley Offline
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Richard Insley
Joined: Oct 2000
Posts: 10,179
Toano, VA
Depending on the type of account (deposit, loan, etc.) and the timing of the specific disclosures you must give, you may still want to consider sending courtesy copies of disclosures by email. So long as the official copies are properly timed and "written" (including ESIGN-enabled documents), additional e-copies could improve your marketing effort by helping customers compare options and make decisions before showing up for face-to-face formal applications & account openings.
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...gone fishing.

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