We are being told that our e-sign procedure is not correct. The bank created a document that contained the required information for the customer (how to withdraw consent, what transaction it applies to, software requirements etc). We send that to the customer with a signature line at the bottom. So the problem is that they have to consent before we can send the document? How do most banks do that? Do we have to have a consent form that is scanned? Can it be verbal? An email that “hey do you want to receive electronic disclosures” and print their response? How do we prove they consented?

Is this for consumers, commercial customers - or both?

In order to be valid, Section 7001(c)(1) requires that the consumer must provide you affirmative consent. The act of consenting must be done electronically, in a manner that reasonably demonstrates that the consumer can access information in the electronic form that will be used to provide the information that is the subject of the consent. In simple terms, you must set up a test drive and require the customer to prove (in advance) that s/he has the hardware, software, and savvy to be able to receive, open, and read a test document.