This fall we will be offering electronic statement delivery. We want to offer a free checking account conditioned upon the customer agreeing to accept electronic statement delivery later. Can we open an account today, have the customer agree to accept electronic delivery but not actually start electronic delivery until the fall?

If the only way they'll get this is in e-form, you need to review E-Sign, which is referenced in §205.17 and §230.10 of Regs. E and DD. These are your two key regulations concerned with statement delivery. The issue is how you'll meet the E-Sign requirements if you don't have this in place yet. First and foremost in my mind is demonstrable consent. You may be able to establish a test system to accomplish this or opt to do it prior to implementation. But if you have nothing now to work with, it would be difficult to do.

One reason it may be doable now is if it is part of your internet banking program and if you use pull statements, it may be as easy as logging on. But again, I think you need to test email delivery, have a system in place for email address changes, etc.

Am I correct that all we'll need to do is have the customer electronically consent to receiving their statements which will show that they have the ability to receive the statement?

No, I don't believe that will show demonstrably ability. You should send them a file, message, etc with a special code and have them respond to you what the code is. This will go alot further demonstrating the ability to receive the information.

Anon is correct, but it goes further and it depends on whether you push or pull statements. If you push, you want to know they can open this (hopefully) encrypted message and read it. If you pull, you want to know that they can receive, read the message and get into your site and view it. Simply sending a message doesn't demonstrate they can do this.