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#1996075 - 02/13/15 07:53 PM acquisition and OLB/Estatements
Marmaduchess Offline
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Marmaduchess
Joined: Oct 2009
Posts: 175
Oregon Coast
Our bank bought another bank and they have a different vendor for OLB and e-statements. I think we are going to have to get new affirmative consent from the other bank's e-statement customers when we convert the other bank to our system. Is that correct?

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eBanking / Technology
#1996141 - 02/13/15 09:33 PM Re: acquisition and OLB/Estatements Marmaduchess
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
You will if there's anything different about how the customers access the statements or what software they need to have to get there. If your system will require they have Internet Explorer 8 or later and the other system would allow access with IE 7 or higher and (for example) Firefox 30 or higher, you need new agreements. If the customer needs to have a PDF reader installed for your system, and the other bank only required that they view an image file, you need a new agreement.



That's just a couple examples.
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#1996192 - 02/13/15 11:29 PM Re: acquisition and OLB/Estatements Marmaduchess
Richard Insley Offline
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Richard Insley
Joined: Oct 2000
Posts: 10,179
Toano, VA
Even if Section 7001(c)(1)(D) of ESIGN doesn't require you to put these customers through another opt-in (because there's no significant change to the hardware & software needed to access your e-documents), you may want to get a fresh consent. Unless you can prove the acquired bank handled the original consent in an ESIGN-compliant manner, the safest course of action is to use this opportunity to do it again.
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