We want to expand the types of notices customers can sign up to receive electronically. I was under the impression that, with a generic E-sign disclosure, we can do just that. So, supposing we let customer check off what we send. This could include loan bills, statements, ACH notices, 1098s, etc. etc. I can't see where there are notices that must be in writing. The customer would choose but, I want to make sure there is not some obscure exclusion with respect to notices that must be in paper form. Please confirm/comments welcome.

You must look at this from a risk/reward perspective. Each type of record you mention above (any many other routine communications) affect your relationship with a customer. Regardless of the type of information you are communicating to a customer, stop and think about the possible consequences of customer repudiation ("I didn't receive it", "it wasn't legible", "it didn't mention...", "...and I don't care what you say now, it has no effect on me.")

A good risk manager will consider the possibility of unfortunate outcomes and invest most heavily in measures dealing with the most serious. Here, the investment is the time and trouble of setting up and management of the mechanism necessary to obtain bullet-proof "informed, demonstrable consent." Payback comes from any savings that result from conversion of paper to electrons.

If paper got the job done and the cost per customer was modest, do you really want to open a new avenue for customer complaints and possible repudiation?

You also need to consider whether the electronic version or delivery method of any of these documents would be different from others. The E-SIGN consent has to be made or affirmed in a manner that reasonably demonstrates the consumer can receive the documents in the format in which they will be sent. If you have multiple methods of delivery or document formats, you'll need to get E-SIGN consent made or affirmed in each method or format that you will use.

Great point. "Pull" systems are the better choice for statements and other recurring document deliveries, while "one-offs" like notices and transaction disclosures work well in a "push" system. Cost increases as you add more moving parts to any system and it's more likely to malfunction...adding the cost of remedial action.