The agreement is provided via a link with a caption that says: Please read the Electronic Records and Signature Disclosure. Below the link, is a check box that indicates: I agree to use electronic records and signatures. The law says: the consumer, prior to consenting, is provided with a clear and conspicuous statement.
It is provided.
This is along with a display of the first page of the documents being delivered. The consent required is: consents electronically, or confirms his or her consent electronically, in a manner that reasonably demonstrates that the consumer can access information in the electronic form that will be used to provide the information that is the subject of the consent.
There is no requirement that the electronic consent has to include proving that they opened the agreement. Even if they opened it, it doesn't prove that they read it. It only has to be provided.
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