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#2233567 - 03/24/20 04:36 PM E-SIGN - In-person vs. Online Consent
MBTCompliance Offline
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Joined: Apr 2015
Posts: 346
I know these have been answered multiple times, but I am looking for re-assurance for my operations team.

If a customer is present in our office and they request to have e-statements rather than a paper statement mailed, can we hand them our E-Statement disclosure (which includes the E-SIGN verbiage) and not have to comply with the demonstrable consent where they have to prove to us they can open the PDF? Are the requirements different for those who are present in our office opening an account versus those requesting the e-statement online, not in-person?

For accounts opened in-person, could we e-mail the customer a responsive PDF which includes our E-statement disclosure, and, if they can open that on their device, have the customer e-mail us back and print that off to keep with our files? Would that give us their "demonstrable consent" and prove they could receive PDF statements?Or, would we need to take it a step further and have some type of code embedded within the PDF they would have to open and reply to us telling what that code is for proper documentation?

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Operations Compliance
#2233568 - 03/24/20 04:44 PM Re: E-SIGN - In-person vs. Online Consent MBTCompliance
BrianC Online
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BrianC
Joined: Nov 2004
Posts: 6,694
Illinois
The answers haven't changed from these:

Related Thread #1

Related Thread #2
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#2234066 - 04/01/20 04:41 PM Re: E-SIGN - In-person vs. Online Consent MBTCompliance
Richard Insley Online
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Richard Insley
Joined: Oct 2000
Posts: 10,179
Toano, VA
The pre-consent ESIGN disclosures can be provided any way you want. Consent is only valid when the customer passes a test drive. You could use a face-to-face boilerplate service agreement with wet signatures, but then it would be necessary to confirm that consent electronically. That electronic "handshake" is like the behind-the-wheel part of the driver's license issuance process. You can be as creative as you want, but "no test drive" = "no license."
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