Skip to content
BOL Conferences
Thread Options
#935286 - 04/03/08 12:46 AM Demonstrable Consent
cag Offline
New Poster
Joined: Nov 2006
Posts: 24
Can you please confirm that the following scenerio requires a demonstrable consent?

Loan application is downloaded from bank's website. Customer prints, completes and returns to bank in paper form. Bank has the option of providing application-related disclosures in electronic form via secure site. Before the bank provides the electronic disclosures it must comply with the Esign requirements, and obtain a consent, correct?

Thank you!

Return to Top
eBanking / Technology
#935319 - 04/03/08 04:08 AM Re: Demonstrable Consent cag
Andy_Z Offline
10K Club
Andy_Z
Joined: Oct 2000
Posts: 27,754
On the Net
Basically yes. Delivering the app electronically isn't the collection of any information.

Some, or perhaps many, of the disclosures that you may want to make in response to that application that are required to be "in writing" would require E-SIGN acceptance.

Documents that do not have to be in writing wouldn't and some exemptions from E-SIGN disclosures do exist. Again, most triggered disclosures would not fall in this category.

You can deliver your disclosures in typical written form. One issue to watch with the delivery of applications, such as for an ARM, require disclosures to accompany the application.
_________________________
AndyZ CRCM
My opinions are not necessarily my employers.
R+R-R=R+R
Rules and Regs minus Relationships equals Resentment and Rebellion. John Maxwell

Return to Top

Moderator:  Andy_Z