Assuming the borrower is a consumer, I don't see any set of circumstances that would make the original demonstrable consent for electronic documents effective when a third party starts collection efforts. The E-Sign agreement was with the creditor, not the collection agency or debt buyer, and there will be a change in electronic delivery method, etc., to add to the problem.
If the borrower is for some reason willing to get electronic communications in place of required written communication from the collection agency or debt purchaser, that third party and the borrower will have to go through a new "E-Sign dance" to get a new demonstrative consent.
If the borrower is not a consumer, there would still have to be a new consent to accept electronic communications in lieu of required written communications from the third party. It would not need to be the special demonstrative consent that a consumer must provide.
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John S. Burnett
BankersOnline.com
Fighting for Compliance since 1976
Bankers' Threads User #8