I may not have a crystal clear understanding of your situation, but why are you delivering ESIGN's preconsent disclosures at account opening when you plan (for now) to provide all of the "written" product disclosures in paper form? Granted, Section 7001(c)(1)(A) of ESIGN says you must deliver your "how our e-delivery system works" disclosures prior to obtaining the consumer's consent...but this section doesn't say how far in advance is too far. Although there's no direct connection, it seems that Reg. E's "close proximity" timing standard should be equally appropriate when judging the timeliness of ESIGN's preconsent disclosures.

The breadth of consent (ranging from a single document to a category of documents and list of accounts) is up to you...but you have to spell it out in advance. Unless future e-delivery service is exactly like the existing service, you're taking an unnecessary risk. I'd put the customer through another demonstrable consent exercise so you have proof that s/he has the necessary hardware, software, and savvy to successfully receive, open, and read any e-documents that will be delivered by a variant of the previously consented method(s).

Thanks for responding.

We're currently just giving the application disclosures through the online portal and it's within minutes of the acknowledging the esign consent. For example, a HELOC applicant will receive the Application Disclosure, Appraisal Notice, and "What to Know About HELOCs" booklet. For deposit accounts, we give the TIS, Reg E, and other disclosures. Again, within minutes of accepting the esign consent.

What we're trying to do is be able to complete the application process via email (with the exception of the closing which is always in person). Meaning, we'd like to give the Credit Score Disclosure, Appraisal, or Adverse Action in some cases via email.

I'm just needing to gain some insight on if the esign consent agreed to in the online application portal would cover documents delivered outside the online application portal.

Thanks for bringing that into sharper focus. If you're going to use two delivery technologies (online portal--a "pull" system and ordinary email--a "push" system) then you need to give pre-consent ESIGN disclosures that cover both. They can be combined, provided you identify all of the types of documents that will be e-delivered and get the customer to test drive both delivery channels before obtaining consent for both. I know this sounds unnecessarily complicated, but ESIGN simply tracks the e-delivery methods you have devised.

Great. Thank you for your help.