2. Compliance with ESign still requires, for consumers, demonstrable consent, which involves a demonstration the consumer is able to access whatever form of disclosure you intend to use (push/pull, file format, etc.).
1. Compliance with ESign does not affect Regulation's periodic statement requirements, except to the extent that an electronic version of the statement will be considered "written" if ESign is complied with. But the Reg E statement requirements continue in force. The only difference is that you can send electrons instead of paper and ink.
Nothing in ESign addresses returned emails or updating of customer email addresses. But ensuring that you keep that information current is certainly a best practice.
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John S. Burnett
BankersOnline.com
Fighting for Compliance since 1976
Bankers' Threads User #8