If a bank sends a letter to deposit account holders at least 30 days prior to action, can the bank give an option to existing deposit account holders that they have an option to start receiving their statements online at no charge or get a paper statement for $..? The bank would not be automatically enrolling the customers. The customers would affirmatively consent themselves by going thru the proper steps. I heard that we cannot change existing product types to start requiring e-statements or be charged a fee but we can offer new product types with this criteria...

Recently we discussed this issue in great detail. My views would change if there is ever a pronouncement by the bank regulators, but they've had 20 years to weigh in and haven't.
https://www.bankersonline.com/forum...ing-fee-for-paper-statements#Post2231519

Thank you so much! This is great information!

Would you say that the same applies for commercial accounts also? I know that consumer accounts are treated differently on most things....

No. Consumer protection regulations rarely apply to commercial transactions. You still need some type of agreement in order to send documents electronically...but the "informed demonstrable consent" opt-in standard is unique to ESIGN and your e-communications with consumers. Communications with businesses have to be documented in a manner that's admissible in court (if the relationship goes sour), but the switch from paper to electrons can be agreed under your state's UETA or ESIGN (minus "informed demonstrable consent"). All it takes is a simple service agreement, but it's an excellent idea to review the entire subject of tree-free communication and documentation with the bank's attorney. S/he is best able to advise you what the courts like or don't like...and the last thing you want is to have a judge throw out all your contracts on a technicality.

Any service charge differential for electronic vs. paper delivery of communications is totally negotiable with commercial customers.