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#2282328 - 03/16/23 07:55 PM E-sign Consumer Privacy
lisawin Offline
Member
Joined: Sep 2015
Posts: 77
Mississippi
Consumer Privacy-section on consumer consent for information to be released.
We get a deposit verification form from a company and the consumer e-signed stating we can release information. How would we comply with the e-sign act for the consumer?
Hope I am asking this the correct way.

Thank you!

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eBanking / Technology
#2282343 - 03/17/23 08:34 AM Re: E-sign Consumer Privacy lisawin
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 83,393
Galveston, TX
How would we comply with the e-sign act for the consumer?

I do not understand this question. What do you mean? if the company provided the form to the customer and had the consumer sign the form electronically, what are you trying to comply with that involves E-Sign?
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#2282354 - 03/17/23 02:34 PM Re: E-sign Consumer Privacy lisawin
lisawin Offline
Member
Joined: Sep 2015
Posts: 77
Mississippi
Thanks, I wasn't sure if we needed to verify the requirements of the E-sign act as well. Guess I am overthinking.

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#2282395 - 03/18/23 01:26 AM Re: E-sign Consumer Privacy lisawin
Richard Insley Offline
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Richard Insley
Joined: Oct 2000
Posts: 10,180
Toano, VA
ESIGN has no requirements regarding the use of electronic signatures. It simply says "they're legal." Its only requirements relate to the (optional) use of electronic documents for delivering information to consumers. If you're sending some type of information to a consumer because a federal law/regulation (1) requires you to deliver the information, and (2) that law/reg requires you to deliver the information "in writing", and (3) the consumer agrees to receive the information electronically (instead of receiving it in paper form), THEN you and the consumer must engage in the prescribed (by ESIGN) informed-demonstrable-consent "handshake." That's it. Any other requirements come from sources other than ESIGN.
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