Scenario: Early documents sent electronically, consent is obtained, and the documents are viewed and signed electronically by the applicant. Later the FI sends the appraisal electronically as soon as it is received by the FI, but the applicant does not hit the link, complete the consent presented with that document and view the appraisal until the day before closing.

Some of the electronic delivery programs I am familiar with present e-sign consent every time documents are sent to the consumer. If the agreement is written broadly enough that it states that consent is for this and any subsequent delivery of documents for this transaction, would the "mailbox" rule apply (delivery occurs three business days after mailing or delivering the copies to the last-known address of the applicant, or when evidence indicates actual receipt by the applicant, whichever is earlier) even if there was evidence that the consumer had not actually accessed the document?

It should be covered then.

Kind of a related question - we have Esign consent and sent the appraisal electronically. We can see on our end that the client viewed their appraisal the same day. Does this allow us to use the viewed date for the appraisal timing rules?

If you have proof of delivery, that starts the three-business day clock:

i. For purposes of this timing requirement, "provide" means "deliver." Delivery occurs three business days after mailing or delivering the copies to the last-known address of the applicant, or when evidence indicates actual receipt by the applicant, whichever is earlier. Delivery to or actual receipt by the applicant by electronic means must comply with the E-Sign Act, as provided for in § 1002.14(a)(5).

Thank you.