We are looking at offering e-statements to our customers. Even though the revisions to the regs regarding e-sign did not become final as planned on October 1, I'm thinking we should proceed as if they did. I think it is probably only a matter of time before this happens and I'd like to create this wheel only once instead of twice. Does anyone see any problems with proceeding as if the regs were in effect now regarding consent and disclosure?

It is unlikely that any change to the rules will change the way in which you must obtain consent from the consumer. That's set out in either the UETA or E-Sign, whichever controls in your state. And if the Fed does anything, they're likely to loosen up some on the type of e-mail system you can use to send disclosures over. So, if you're willing to work with what appears to be the most restrictive set of rules likely, go for it. If you think the Fed's revised rule (if and when it arrives) will make life enough easier to warrant waiting, wait.

cwilliams, the e-Regs ARE in effect now. They aren't exclusive, but you can rely on them for the time being. As John indicates, the Fed has promised "additional flexibility", not repeal of the existing rules.