We have had E-statement delivery since 2006 and have followed ESIGN requirements when signing up for electronic delivery (i.e. delivery of esign agreement, consent and demonstration of electronic delivery).

The customer receives an email monthly with a link to their online statements (obviously they need to login with a password to see it).

We will be changing the system that produces our e-statements - same vendor just a different access - access is now through online banking. The customer will still receive an email that their statement is ready but now they will sign into their online banking account.

I have a few questions / thoughts I need to confirm:

1) I need to provide an updated esign agreement as there are some changes to our agreement - I am adding language for consent to electronic delivery of notices and disclosures... Plus some updates to hardware and software requirements.

2) my customer has already consented to electronic delivery previously when they signed up for e-statements so i don't believe I need them to consent again. Also, access is similar to the old way - click a link, sign in, get your statement.. So do I need them to "demonstrate" they have the ability to see their statement under the "new" system? it's the same place they've already been signing in for online banking for years. We are able to convert their extisting e-statement account statements to the new system automatically.

3) Can I just send all current users an email with the new esign agreement and include some language such as " We’ve recently revised our Esign Agreement, adding new provisions and additional information about our services.
You do not need to do anything to continue using E-statement services. Your continued use of Online Banking services constitutes your agreement to these new provisions."

There is no way under the new system to do the "demonstration" piece unless our existing users re-enroll as a "new" user through online banking. I don't believe we need to go through all of these hoops again. Any thoughts or direct references in ESIGN I can use for reference?

Don't see a response to travelgirl's questions, and we are wondering same things. Could a guru please confirm her proposal or offer thoughts on what of that isn't ok? Thanks!

Doesn't this recent thread answer most of your questions?