BW1 - Stop thinking about the statement. Instead, focus on the language within each statement that is required by Regs. E, DD, and possibly other rules and regulations. That's your risk. All Reg. E disclosures must be provided "in writing." Paper always passes. E-documents can
pass as "written", too, but ONLY after
you do the "ESIGN handshake" (informed, demonstrable consent.)
The ESIGN handshake is spelled out in Section 7001(a) through 7001(c)(1). (https://www.bankersonline.com/regulations/esign-7001
) Everything you do to evaluate your current methods, declare deficiencies, and insist on changes must be based on those rules. They allow a great deal of flexibility, so study them carefully and be prepared to evaluate an unlimited range of possible solutions--both the current and all proposed methods.
As others point out, if you can't prove (to a regulator or in court) that you provided the necessary pre-consent disclosures and then obtained consumer consent in a manner that demonstrates
the consumer has the necessary hardware, software, and savvy, then none of your e-documents are "written" and none of them comply with Section 1005.4(a)(1) of Reg. E. ESIGN has no penalties.
It is a license that makes electrons the legal equivalent of paper. Informed, demonstrable consent is a one-time requirement