According to E-sign and the new E-regs, a customer must agree to receive electronic disclosures electronically. In other words, a paper agreement will no longer work. You can still sign people up for electronic banking in paper format, and give them their initial disclosures in paper format, but if you want to send future disclosures in electronic format, the customer must demonstrate that they can receive the disclosures that way. If you haven't already, you should read through the various e-regs. They appear to mandate use of a customer's e-mail address to deliver disclosures, or to inform the customer about where they can access the necessary disclosures on your internet site.
We have determined that we are currently unable to do disclosures electronically, because while we do have the ability to e-mail to customers, what we do not have is the ability to track, monitor and redisclose to those customers we have mailed electronic disclosures to previously. To build such a capability into our current system would cost our bank over $100,000.
Being kind is more important than being important.