Looking for ideas on how a customer can consent and prove they can open a pdf file? Our system sends and email that the statement is available, requires the customer to login to ebanking, and then they can download the pdf statement. Our sign up process includes esign information and includes the system requirements, including that a pdf file is used and where to download the software if they don't have it, etc. To me, it doesn't really prove they can open the pdf file even though we show them where to download it if the software is not on their PC. How have other banks handled pdf "consent"???

You are exactly right. ESIGN grants an e-delivery "license" to you and any consumer who is willing and can demonstrate (prove beyond any question) that s/he "...can access information in the electronic form that will be used to provide the information that is the subject of the consent." Notice that ESIGN focuses on the information contained in the document, not the document itself.

As you indicate, you're one step short of passing the ESIGN test. You will not obtain an ESIGN "license" unless you require the e-delivery candidate to open a sample statement and report at least one bit of information contained in the document. My preference is to place a dummy statement in the same location where the real ones will be located. In order to pass the ESIGN test, your customer will need to open the dummy statement and then respond to a test question--something like "what APY is shown on the test statement?"

Our software delivers an email (and tracks return) with the following "welcome" letter in a pdf file (same format as the statement). No customer can receive e-statement until appropriate response is received.

To insure your ability to successfully utilize the E-statement service, we have attached a test statement for your review. Please take a moment to assist us in confirming you can receive, open and read your statement.

Test Procedures:
1)Open the attached test statement.
2)Identify the code word contained in the test statement.
3)Fill out the test confirmation below with the code word.
4)Return this test confirmation to us at: [ENTER E-MAIL ADDRESS].

If you have any problem opening or reading the test statement, please call us at [INSERT CONTACT PHONE NUMBER] so we can assist you in resolving the problem.

Once we receive your e-mail confirmation, your E-statement service will be activated.

We are continually striving to provide you with the best in online account management and hope you enjoy the convenience and ease of your new E-statement delivery service. Thank you for banking with [INSERT BANK NAME].

Our Sincere Thanks,
[INSERT CONTACT NAME]
[INSERT TITLE]


E-statement Test Confirmation*

CODE WORD: _________

*These test confirmation procedures have been designed to conform to regulatory requirements set forth in The Electronic Signatures in Global and National Commerce Act (E-SIGN Act) enacted in June 2000 to reasonably demonstrate the ability of the consumer to receive an electronic notice or disclosure.

Looks great if you're pushing the statements.

Whew!!! I was hoping you would say that (yes, we push the statements).

This method would also work if using the pull method if the files were in pdf format, correct?

The part about opening the test document and returning the answer to a "test question" would be fine. You wouldn't want to push the test document out on an email, however, because that wouldn't demonstrate the customer's ability to navigate to the location where the live e-documents will be parked for pick-up.