When it comes to demonstrable consent I understand the "hand shake" or other words verifying that the consumer can receive, read, and retain applicable disclosures. Most scenarios that I have came across have to do with consumers being able to view PDF docs. Either through a pushing or pulling scenario.

What about viewing disclosures via HTML (webpage)? (Not a tech guy. So, apologize for incorrect terminology)

Scenario:

Applicant electronically consents to receive electronic disclosures when starting an online mortgage application. The consumer goes through the whole application process online (HTML Formatting) and then prior to submitting application the applicable disclosures are displayed via web page (HTML Formatting).

Since the applicant has to consent and make it all the way through the process on HTML formatting to get to the disclosures. Would this be acceptable for demonstrable consent?

Thanx!

Without careful consideration I would say yes, but the problem may be the authentication of the document. How will you protect your HTML page? PDFs were created so that they looked like you needed them to, font size, placement, font style, etc. And it is easier I believe to apply a digital signature to them which secures the document from alteration. Can you do that with your HTML page? If not, I would say this is moot.

I would say that for low risk issues, HTML E-Sign agreements are already used, "Do you agree to the terms of use..." as an example.

Thanks for your insight!

Which "applicable disclosures" are you displaying? Aren't most pre-application-submission disclosures excused from the rules for "written" disclosures (requiring ESIGN-enabled consent)?

Also, if we want to offer mobile banking, in addition to the contract for that service, we also need the E-sign ddisclosure agreed to as well, evidencing that the customer agrees to electronic notices, right?? We wish to provide hold notices, when applicable.

E-Sign applies when you substitute bits and bytes for traditional written dislosures. If you do that on a mobile device, demonstrable consent would be required as that device is substantially different from a PC.

And Richard makes a good point. There are some disclosures that E-Sign isn't required for. You indicate the applicant goes through the app process, but how far is that?

Andy, the Lic. Agreement, which people have to agree to in order to access the mobile services, will specify that the customer agrees to e-notices, such as holds. We were hoping that that would be enough but we were not sure. As we are offering the services for deposits alone, I suspect that we are only dealing with the occasional hold notice and no other notices. So can we by-pass the E-sign disclosure or must we add that if we want to provide notices?

Also, if we decide not to send the hold notices electronically would we be able to disregard the E-sign Disclosure??