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#2074549 - 04/18/16 07:05 PM E-sign /Ueta Act
OpsGenie Offline
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Joined: Jan 2014
Posts: 19
I am conducting research on necessary requirements to disclosure when accepting a digital signature for account opening documents. We will be using the Topaz signature pad to obtain digital signature to carry over to documents. Is there any disclosures that must be given to the customer to obtain digital signature?

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eBanking / Technology
#2074605 - 04/19/16 01:28 AM Re: E-sign /Ueta Act OpsGenie
Richard Insley Online
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Richard Insley
Joined: Oct 2000
Posts: 9,982
Toano, VA
Neither ESIGN nor the UETAs require you to do anything in advance of using e-signatures. These laws simply say that e-signatures are legal. Consent to substitute e-documents for paper is quite another matter. If the e-docs contain any federal disclosures that must be "in writing", then you are limited to obtaining consent in the ESIGN-prescribed manner (demonstrable consent.)
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#2079481 - 05/19/16 08:29 PM Re: E-sign /Ueta Act OpsGenie
Becky Offline
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Becky
Joined: Feb 2003
Posts: 215
Dallas, Texas
Capturing an example of the customer's signature on a Topaz (or similar) device is no different than you signing your signature on a POS terminal when using your credit card. But as Richard said, having the customer "sign up" for eStatements or electronic disclosures must be preceded by the customer performing demonstrable consent. I think you might have a hard time making the case the customer demonstrated they have the ability to receive and open the document you plan to send if they are doing it inside your lobby on a bank-owned device. We send a packet electronically to clients requesting eStatements via email (shows they have valid email address) and a process to capture demonstrable consent from the client once opened. Until they satisfy that step they don't get eStatements.

If you want to rely on that electronic capture of the client's signature from the Topaz device as an example of your client's handwritten signature, that is a business decision.

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