Our marketing department would like to put a hyperlink on our website for customers to click and download the disclosure for our bill pay. I think this is okay, but am I missing something?

If you want to track that the disclosure was made, will you be able to? If you want to require that they get the disclosure, will you be able to?

I don't think it is a problem, but you need to decide what you want to be able to prove first.

I hadn't considered that. We will want to be able to prove somehow the customer received the disclosure.

As I study E-Sign more and more, I think processes are one part of the equation and they are equally as important as content. If you have an agreement, you still have to prove it in court and be ready to defend what was done and how.