I received an investor kick back. The initial disclosures were e-disclosed on 04/03. However, the borrowers went on vacation and did not e-consent and acknowledge the disclosures per ESIGN 101(c) (1) (c) (ii). They are stating the the LE on 04/03 was sent eletronically before the consumer consented to receive electronic disclosures on 04/25.

If you emailed the disclosures on 4/3 and the consumer did not consent until 4/25 then under Reg. Z you never provided the disclosures to the consumer in writing.

Since you never provided the LE in writing under the regulatory requirements you owe your borrower some money.

That is a danger with sending an LE electronically when a consumer has not previously consented to E-Sign. If they do not consent in three business days from application, you need to be dropping an LE in the mail.