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#1563343 - 06/10/11 02:49 PM eStatement Delivery Change - Customer Notification
KatieL Offline
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KatieL
Joined: Dec 2010
Posts: 177
Midwest
Hello -
Currently, we have eStatements delivered to customers as a password-protected/encrypted .pdf attachment in their e-mail. We are upgrading software and will be changing this soon to be an e-mail notice that the statement is ready for viewing/download by logging in to their online banking.
How would you all tell customers about this change? Notice in the eStatements? Statement Message? Include it in the e-mail body? Send a separate notice? Postal mail a notice? Too many options here confused
Also - what kind of prior notification timing do you think would be appropriate?
As always - thanks for any opinions, I appreciate it!
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eBanking / Technology
#1563380 - 06/10/11 03:33 PM Re: eStatement Delivery Change - Customer Notification KatieL
John Burnett Offline
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John Burnett
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Cape Cod
You're planning to make a substantive change in the method of delivery. It could mean you'll need to get new demonstrative consents from each customer under E-SIGN.
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#1563438 - 06/10/11 04:19 PM Re: eStatement Delivery Change - Customer Notification John Burnett
Richard Insley Offline
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Richard Insley
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Toano, VA
Originally Posted By: John Burnett
consent from each customer

Emphasis added. This is one of those times when it will be impossible to make an across the board change. I've never seen ANY change that was agreeable to 100% of all customers.
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#1564790 - 06/14/11 08:13 PM Re: eStatement Delivery Change - Customer Notification Richard Insley
Jeepn Offline
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Joined: Sep 2006
Posts: 4
IL
John,

If the file format and software requirement is the same as their original acceptance why the need for a new consent? I don't see anything in E-Sign about the retrieval method? Thanks for your help.

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#1565197 - 06/15/11 03:58 PM Re: eStatement Delivery Change - Customer Notification Jeepn
John Burnett Offline
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John Burnett
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Cape Cod
If the hardware and software requirements you disclosed in getting the customer's E-SIGN consent for "push" delivery have not changed, you're probably OK without getting renewed consent. Consult legal counsel, though, before making the change.
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#1565556 - 06/15/11 09:53 PM Re: eStatement Delivery Change - Customer Notification John Burnett
Richard Insley Offline
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Richard Insley
Joined: Oct 2000
Posts: 10,056
Toano, VA
Originally Posted By: John Burnett
you're probably OK without getting renewed consent
I can go as far as "probably", also.

A valid ESIGN consent must occur "...in a manner that reasonably demonstrates that the consumer can access information in the electronic form that will be used to provide the information that is the subject of the consent." Clearly, you're OK if you don't change the "electronic form" (file format), but the other part--access(ing) information--gives me a bit of concern. When the customer gave consent, s/he proved s/he could access an attachment to an email message. S/he did not demonstrate the ability to go to the proper section of your home banking system and pull a file.

The OP didn't indicate that the statement file format would remain unchanged and may have a different situation.
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#1578400 - 07/14/11 10:30 PM Re: eStatement Delivery Change - Customer Notification KatieL
SusyG Offline
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Joined: Oct 2001
Posts: 120
We are making a different change on our push statements and I would like some opinions regarding if a new consent is required. We currently send a password protected pdf document to the customers e-mail address. We will still send them out as a pdf attachment, but we want to start using a secure e-mail service that requires a one-time enrollment to retreive the statements as an added layer of protection. I'm pretty sure I know what the guru responses will be, but I wanted a second opinion to back me up.

Thanks

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#1578435 - 07/15/11 10:34 AM Re: eStatement Delivery Change - Customer Notification SusyG
Richard Insley Offline
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Richard Insley
Joined: Oct 2000
Posts: 10,056
Toano, VA
SusyG- If your change in the hardware/software requirements for customers to access or retain their e-statements creates a material risk that they will not be able to access or retain a subsequent statement, Section 101(c)(1)(D) of ESIGN requires you to put your customers through another test drive.
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