On some occasions, our notification that a statement is available is returned to us. Usually the mailbox is too full or the customer changed e-mail addresses.

We had a couple of these situations that were overlooked so now we are a few statements behind. We need to fix this. We thought we could send a letter to the customer advising them that we turned off the e-statements, that they will now get paper statements and and advising them to go to the transactional site and retrieve the statements there. Or, alternatively, must we include the actual statements with the letter?

You should do whatever you stated in the pre-consent disclosures. The whole idea behind demonstrable consent is to obviate receipts and special handling when a consumer consents to e-delivery.

OK, I'll check our agreements. Which forum has previous threads about this topic...

We've had a few discussions, but the only possible conclusion is to handle these customers the way you explained you would. If that now produces an undesirable outcome, then you may want to rework your preconsent disclosures and notify all of your existing e-delivery customers.

Our E-sign agreement never covered returned notifications. I recall one thread that covered the bank's responsibility for these situations.

Unless state law or your account agreement obligates you to take additional steps to insure receipt, you can do nothing or elect to expend the time and resources necessary to attempt delivery by an alternate method.

Section 1005.9(b) of Reg. E requires you to "send a periodic statement for each monthly cycle in which an electronic fund transfer has occurred." Notice that this rule does not say anything about assuring receipt.

If there's an old thread discussing bounced e-deliveries, it may have focused on a different aspect of this question. Many banks' e-delivery agreements call for an automatic switch to paper delivery with a service charge increase if an e-delivery attempt fails. Pricing/service policies of this type are fine and would become the basis for subsequent action.

OK, that helps. Thanks.