We are trying to find a way to easily encourage customers to sign up for estatements but yet comply with e-sign. Looking for opinions on if the following would work.

Customer receives an email from the bank thanking them for opening their account. Attached to the email is a pdf document. In the email we indicate that if the customer wants to sign up for estatements they can open the pdf document and then reply to email address and include a code that is embeded within the pdf. The e-sign disclosures would also be included in the pdf.

So I think we would meet the affirmative consent by the returned email.

Demonstrate consent by virtue of opening the pdf and sending back the code in the pdf (because our estatements are in a pdf)

And the pdf would have all of the required disclosures per e-sign.

Would this work?

Are your actual e-statements pushed as e-mail attachments, or does the account holder pull them off your server? If it's a "pull" system, will you send an e-mail notification each time an e-statement is ready, or is the timing announced in advance with the customer responsible for initiating each "pull?"

They log into internet banking and then they open a pdf of their statement.

That's not the same as opening and reading a PDF email attachment. The customer should demonstrate that he or she can access a PDF statement-like document from your i-banking portal.

If I get an email from my bank that says "open this document and send us the code in the PDF," I would delete it thinking it was SPAM or a fraudulent email. For your e-statement method, I would send an email that tells them that if they are interested in e-statments they can sign up by logging into online banking and clicking what ever they need to. You'll get a similar response rate, you'll get your demonstrable consent, and the self service will be cheaper since you won't have to pay someone to read the customers' emails and set them up manually.

Yes, you're free to set up the ESIGN disclosure/consent process any way you want, PROVIDED the interaction with enrolling e-delivery customers demonstrates their capability to use the exact system that will be used to deliver the e-statements and other official e-documents.

Have your online banking provider pop a window when they logon asking them to enroll. I see you're a Fiserv eCom client, and they have that capability. We did this years back, and went from 25% penetration to 60% in a few months.