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#2255192 - 06/11/21 06:06 PM Esign - Demonstrable Consent?
mnbanker09 Offline
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Joined: Jan 2018
Posts: 105
I'm curious if we are checking the box regarding demonstrable consent with our E-Sign solution. (Wolters Kluwer)

Banker creates an electronic package to be delivered to the customer. This package consists of PDF documents.
Customer receives an email that an electronic package is available for e-signature, but first must register.
Upon registering user ID/password, next step is consent with all the applicable language etc. This consent is provided web-based, not as a PDF. Customer can click on "I consent" or "I do not consent."
Upon consent, the customer MUST view the electronic package before 'e-signing' the document.

During testing, some users can click on the electronic package and view through a pdf viewer on the webpage (in google chrome for example), while others click on the document and then have to open the document as a PDF. Clearly this is based on user settings, which we have no control.
My question is, since the consent is web-based in all instances, but the documents are sometimes opened via Adobe, are we missing the demonstrable consent piece?

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eBanking / Technology
#2255194 - 06/11/21 06:20 PM Re: Esign - Demonstrable Consent? mnbanker09
rlcarey Offline
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Joined: Jul 2001
Posts: 77,215
Galveston, TX
Seems to be lacking to me: consents electronically, or confirms his or her consent 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;
The opinions expressed here should not be construed to be those of my employer:

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#2255219 - 06/12/21 12:24 AM Re: Esign - Demonstrable Consent? mnbanker09
Richard Insley Online
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Richard Insley
Joined: Oct 2000
Posts: 9,995
Toano, VA
Originally Posted by mnbanker09
some users...view through a pdf viewer on the webpage...sometimes opened via Adobe... this is based on user settings, which we have no control.
This is precisely why Congress added the "test drive" requirement to ESIGN. If there's any possibility that the customer's equipment and applications could fail to open e-documents containing federal disclosures that must be delivered "in writing", then that equipment and the necessary applications should be tested as a part of the consent process.
...gone fishing.

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