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#2114072 - 01/12/17 07:18 PM Marketing and E-SIGN
corporate audit Offline
Junior Member
Joined: May 2008
Posts: 31
Does E-SIGN apply when sending marketing solicitations via email?

Thanks in advance.

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Marketing
#2114085 - 01/12/17 07:55 PM Re: Marketing and E-SIGN corporate audit
Norman Paperman Offline
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Norman Paperman
Joined: Aug 2012
Posts: 1,654
48.934476, -114.343735
Last edited by Norman Paperman; 01/12/17 07:55 PM.
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#2114089 - 01/12/17 08:06 PM Re: Marketing and E-SIGN corporate audit
Richard Insley Offline
10K Club
Richard Insley
Joined: Oct 2000
Posts: 10,030
Toano, VA
ESIGN only applies when you want it to apply--it's totally optional and beneficial. You can ignore ESIGN until your bank wants to substitute electronic documents for the paper documents you currently use to deliver federal disclosures which are required to be "in writing."

In order to determine what applies to your e-solicitations, answer the following questions:
1. Does the content of your marketing solicitations trigger any federal disclosures?
2. If not, then ESIGN is unnecessary. If so, does the federal regulation that requires the disclosures say they must be delivered "in writing" (or similar language)?
3. If not, then ESIGN is unnecessary. If so, then what is the timing requirement for the "written" disclosures?
4. If the "written" disclosures can be provided at a later date, then compliant delivery can be accomplished using either paper or electronic documents. Otherwise, if the "written" disclosures must accompany the solicitation, then you must follow ESIGN's "informed, demonstrable consent" rules in order to obtain the customer's consent to go tree-free.
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