I have been reading and reading threads on this and I still find myself confused. We are getting ready to begin allowing existing customers to sign up for Online Banking via our website. The Reg E disclosure will of course need to be given online as well as the E-Sign Consent. Can these be given together? What would show demonstrate ability for the disclosures if they are given on the screen when they sign up -is that sufficient in this case. For our e-statements we have a pull system and we send a customer a pdf with a code and then they have to input the code to demonstrate they can receive the pdf. But in this case the disclosure is all they need to be able to see - so if they are at the screen to register then they are seeing it. What am I missing here?
Thanks for any help!

The PDF w/ code and code input to demonstrate consent is a nice feature - I believe more and more programs are going to something like this at the request of compliance professionals.

Once you have that authentication in place, you're good to go from an E-SIGN perspective. If you have an earlier disclosure they've accepted online prior to this point, it wouldn't be covered... but are those particular disclosures in question required to be provided in writing and subject to E-SIGN? If so (ex: the Reg E disclosure), just change the order so it's provided AFTER they've established consent.

Right now the way it is set up is they will go to our website and click on "Enroll" in online banking.
Next screen gives some basic information with a link to "disclosure agreements" and a statement that by clicking "agree" below you have read the disclosure agreements- from here they either click to "agree" or "disagree".

In the "link" is where the Reg E and E-Sign information would be. Technically, they could bypass that link and continue on with the set up of internet banking without ever seeing the disclosures.

Here are my issues
1) Does the above meet consent?
2) Is clicking on the link and viewing the link demonstrate ability. I'm thinking it would b/c if they are able to see the first page then they should be able to see the link information.

Our E-Statements are set up separate within online banking. Currently when they select E-Statements they are given the E-Sign Disclosure and then they agree to that - then they do the PDF code to demonstrate ability.

I think we will still need it there b/c some customers will still sign up online banking in the branch and will not have been given the E-Sign Disclosure.

Our customers can enroll in online banking using the website and they have the option of printing the disclosure, but they have to check the box that they agree to what is in the disclosure.

You are asking these customers to consent to two different types of e-delivery for documents containing required "written" disclosures (Reg. E, etc.) The demonstration used for the "pull" delivery of periodic statements sounds good. Demonstrable consent for html pages could be very simple, but however you do it, there should be no chance that the customer could accidentally sign up without understanding what's happening. Bypassable links to the up-front Reg. E, DD, CC, etc. disclosures are unacceptable. You should present the link(s) is such a way that the customer cannot proceed without visiting the pages containing the account-opening disclosures. You don't have to force customers to scroll all the way down each account-opening disclosure page before exiting the document(s), but that's a choice you could make.

Are you talking about actually opening the account online or just having them enroll in online banking?

Just talking about online banking - not account opening at this point. So I think the only disclosure they are going to be given is the E-Sign Disclosure, Reg E Disclosure and Bank Online Banking Agreement.

Thanks for all the input all!