We have a few products that get free EStatements, but paper statements have a fee attached. As we're updating our ESign disclosures, someone asked if we could refer to the Fee Schedule in the ESign disclosure instead of listing specific paper statement fees to avoid having to update the ESign disclosure if the paper statement fees change down the road. A reliable source we have states:

"Prior to obtaining the customer's consent to electronic disclosures, and institution must clearly and conspicuously inform the customer of the following... a description of the option to receive any electronic records in paper form and the procedure and any fee for requesting a paper copy."

So, instead of saying paper statements will cost $X, can we say something along the lines of refer to the fee schedule for the paper statement fee?

I appreciate your input!

Read Section 7001(c)(1)(B)(iv) which says that prior to obtaining the consumer's consent for e-delivery of documents, you must inform the consumer:
"(I) how, after the consent, the consumer may, upon request, obtain a paper copy of an electronic record, and
(II) whether any fee will be charged for such copy"

Notice that the actual requirement is NOT to disclose the amount of a paper-copy fee, but rather to say (Y/N) whether there is a fee at all. Saying there will be a fee satisfies ESIGN. Stating (directly or by reference) the amount of the fee is above and beyond the minimum requirement.