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#2235377 - 04/21/20 11:23 PM Adverse Action / DocuSign
Mel in WA Online
Diamond Poster
Joined: Mar 2013
Posts: 1,300
If we notify the applicant within the established timeframe that they have been declined using DocuSign, but they don't pick it up within 30 days, are we out of compliance? For example, AAN is sent via DocuSign at day 25. Applicant doesn't pick it up until day 32. Or, they never sign in. Is that a problem?

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Fair Lending
#2235385 - 04/22/20 04:52 AM Re: Adverse Action / DocuSign Mel in WA
BrianC Online
Power Poster
BrianC
Joined: Nov 2004
Posts: 6,833
Illinois
Assuming that your DocuSign process complied with ESIGN requirements for obtaining demonstrable consent (if we're talking a consumer loan) you comply by sending the notice timely. You're not required to verify that I read the disclosure, only that you provided it to me.

If you mailed the AAN to me, would you be out of compliance because the unopened envelope sat on top of my ever growing pile of junk mail for a month?
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#2235426 - 04/22/20 03:10 PM Re: Adverse Action / DocuSign Mel in WA
Mel in WA Online
Diamond Poster
Joined: Mar 2013
Posts: 1,300
Yes, our DocuSign process is 100% ESIGN compliant. One bright spot of this quarantine is we're moving many paper/snail mail processes to DocuSign and gaining efficiencies.

Thanks for your response, Brian C. Stay healthy!

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