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?