This may be a strange question but if the consumer provides their e-consent for e-delivery of the documents when they complete their on-line application is the financial institution obligated to deliver the documents electronically or may the bank opt to provide them only in paper form?

You can always deliver paper.

Legally, paper is always "written", and will satisfy disclosure format regulations. Contractually, you may arrive at a different answer. If your service agreement/ESIGN pre-consent disclosures say you will deliver documents electronically, then delivery in any other way is a technical breach of contract. Before switching back & forth, read your account agreements.

Thank you both. I figured it would come down to what Richard states about the contract. I just wanted to be sure I wasn't missing anything in the regulation.

Since we are talking about contracts/account agreements, does ESIGN apply to this document? Technically it's not a "disclosure" required by a federal regulation.

If ESIGN does not apply, can changes be delivered electronically without demonstrative consent?

It all depends on whether or not the documents you are talking about fall within the following definitions.

Then you also have to worry about UDAAP.

(c) CONSUMER DISCLOSURES.—

(1) CONSENT TO ELECTRONIC RECORDS.—Notwithstanding subsection (a), if a statute, regulation, or other rule of law requires that information relating to a transaction or transactions in or affecting interstate or foreign commerce be provided or made available to a consumer in writing, the use of an electronic record to provide or make available (whichever is required) such information satisfies the requirement that such information be in writing if—