My compliance brain is tired and marketing is at it again! Can we send ads to our customers and not have to worry about e-sign? I am thinking our customers would have to opt in to receiving our ads via e-mail & have a chance to unsubscribe. We do not currently use e-statements, e-disclosures or open accounts on line.

You would have to comply with CANSPAM. Here's a link to a section of the OTS Examination Handbook that mentions CANSPAM.

http://files.ots.treas.gov/422226.pdf

Here's a link to some information on the FTC's website.
http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm

ESIGN only becomes an issue when you are required to provide documents (like statements) "in writing" and you want to substitute electrons for paper.