Can anyone direct me to where I might find text on esign that states we would have an issue if both the husband and wife have the same e-mail address. We use separate esign disclosures for both and they will list the same email address. I was concerned that demonstrable consent is not valid until the customer demonstrates capacity and in this case would be from one computer that uses one email address.

That is more of an operational challenge based on your specific E-Sign system as to whether you can specifically identify multiple people with a single e-mail address and not a matter of the E-Sign law.

You have to look at the reason why you need consent to determine if there's a problem. If your ESIGN consent and service agreement relates only to monthly statments for jointly held deposit accounts, for example, then you only need valid ESIGN consent from one of the depositors. Neither Regs E or DD require delivery of periodic statement disclosures to both parties.

If both parties ARE entitled to separate account disclosures (for example, each has an account in her/his individual name), then you have an operational issue, as Randy said.

Another prime example would be two individuals that own a home jointly and share a single email address applying for a mortgage loan that will involve disclosures and rescission rights to be provided electronically. You will need to show consent from both to document delivery to both.