I posted this under e-banking, but am also posting here. Apologize for the double-post - not sure where this belongs!
1. If we comply with e-sign and deliver early disclosures (TIL, GFE) early, when are they considered to be received? I read in the commentary to 226.19(a)(2)(ii)(3)under the heading Timing - "if the creditor providdes the corrected disclosures by mail, consumer is considered to have received them three business days after they are placed in the mail, for purposes of determining when the three business day waiting period required under 226.19(a)(2)(ii) begins. Creditors that use electronic mail or a courier other than the postal service may also follow this approach." Does this mean we MAY make customers who receive emailed redisclosures wait just like customers who receive their disclosures via regular mail? Or MAY we use the shortened waiting period for emailed disclosures - similar to those received in person? I realize that this relates to redisclosures, and also question when initial disclosures are considered received if delivered via email.
2. If disclosures (initial or redisclosures) are delivered via email but are not done in compliance with E-Sign, does this in effect mean that the disclosures were never delivered? Where can I find a citation for this information?
Thanks so much!