TISA Disclosure & E-Sign

In a situation where TISA disclosures were provided electronically for new accounts for a period time, but was not compliant with the E-Sign Act, would the bank need to resend the disclosures by mail? Would any refunds be due to the customer due to this error?

Thanks in advance!

Section 1030.3(a) requires you to "make the disclosures required by §§ 1030.4 [the account opening disclosures]...in writing, and in a form the consumer may keep." If you have given these disclosures neither in paper form nor in an ESIGN-enabled electronic document, then you have not given the disclosures. There is no way to "unviolate" the timing requirement, but you still owe these customers a written disclosure. The same two delivery methods (paper or electrons) are options, but it sounds like your normal practice has reverted to paper. If so, that's what I would use for this remedial delivery of the account opening disclosures.