Maybe now that the Fed's rules will be rid of all the extra "stuff" heaped on in 2001, bankers will pay more attention to the E-Sign Act's requirements.
Since October 1, 2000, ESIGN has been ignored or misunderstood by a high percentage of e-delivery neophytes--mainly because:
a. there's no implementing regulation, and
b. there have been no reports of penalties or losses as a result of ESIGN-related deficiencies.
This will not change until ESIGN-deficient e-docs are treated as non-events by:
a. the regulators (triggering the usual enforcement actions for "failure to disclose" violations), or
b. the courts (imposing massive civil liability on the first "e-delivery disaster poster child".)
ESIGN's informed consent drill is unique. In no other interaction with our customers do we require them to take a test and get a perfect grade before providing a service.