If borrower on a past due account consented to E-Sign at loan acceptance (or post consummation), is the E-Sign consent still in place if the account is referred to a collection agency or transfers to a debt buyer?

Assuming the borrower is a consumer, I don't see any set of circumstances that would make the original demonstrable consent for electronic documents effective when a third party starts collection efforts. The E-Sign agreement was with the creditor, not the collection agency or debt buyer, and there will be a change in electronic delivery method, etc., to add to the problem.

If the borrower is for some reason willing to get electronic communications in place of required written communication from the collection agency or debt purchaser, that third party and the borrower will have to go through a new "E-Sign dance" to get a new demonstrative consent.

If the borrower is not a consumer, there would still have to be a new consent to accept electronic communications in lieu of required written communications from the third party. It would not need to be the special demonstrative consent that a consumer must provide.

Additional points:
1. Unless other law specific to collections prevents it, there's no reason the collector couldn't try email first and see if it works. If the debtor responds via email, then the next step would be for the collector to take the proper steps to obtain legally-acceptable consent.
2. Courtesy communication by email should be permissible if the collector also provides complete paper communication in a timely manner.
3. State UETAs are an option for communications about everything except disclosures/communications that are required by federal law/regulation to be "in writing." While that doesn't alter John's conclusion about portability of consent, new consent (between collection agency and debtor) is easier under UETAs. A simple agreement will suffice--no demonstration necessary.

Thank you.