HELP!!!
we're considering creating a business checking account that would have e-statements as the only alternative in order to avoid service charges and balance requirements.

We would appreciate any advice you can provide on things we must consider in order to make this happen. If this is possible at all. And if there are regulations that would prevent us from creating this type of account.

Essentially we want to say, if you do it electronically, you don't pay anything. If you wish to get a paper statement, no problem...we have specific criteria customer would need to meet.

Thanks in advance for your help...

You're pretty much free to do whatever you and your commercial customers agree. If your state has a UETA, pull out a copy & read it. Unless "commercial" accounts also include consumers, you need not worry about ESIGN.

Ditto Richard's comments. Provide a product, and provide alternatives if they want to switch. You can go through a demo, but the hoops of demonstrable consent won't apply when this isn't a consumer. Just don't get those mixed up.