Based on my understanding of the E-Sign Act and the many expert opinions in Bankers Online threads,etc. regarding demonstrable consent, we have never let our customers enroll for E-Statements in the lobby or with bank equipment because that doesn't meet the demonstrable consent requirement. Now we have a new Compliance officer that was an FDIC examiner for 15 years and a compliance officer of a multi-billion dollar bank. He is stating that with the right disclosures you absolutely can meet the demonstrable consent requirement when allowing customers to enroll at the bank. I am in between a rock and a hard place. Is there really a way in-bank enrollment could possibly meet the requirements? I need expert advise/opinion here! Thanks!

Please disregard the previous question. Compliance officer now agrees with me.

ESIGN was designed to be flexible enough to allow for significant evolution in the technologies involved in e-delivery of documents. Today, it's more likely that customers will be able to bring their hardware to the bank and access the Internet wirelessly. If that is possible, then you can conduct a valid "handshake" in the bank's offices--because the customer is in full control of the hardware and software s/he will use for routine e-delivery.