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Andy Zavoina
Opinions stated are not necessarily that of my employer.
[This message has been edited by Andy Z (edited 05-18-2001).]
"...consents electronically, or confirms his or her consent electronically, in a manner that reasonably demonstrates that the consumer can access information in the electronic form that will be used to provide the information that is the subject of the consent...."
Acceptable ESIGN opt-ins will necessarily involve a sample electronic communication to the consumer followed by a consumer reaction that demonstrates successful receipt.
Opt-ins are inadequate if they simply ask consumers to state that they can access a sample communication in the required format. ESIGN requires "demonstration", not confirmation.
In the e-world, if you have to progress through several steps to get from point A to D and you do so successfully, you should be able to demonstrate that you can "sign here".
At that point the customer will consent that they can meet the hardware and software requirements. What the bank can't verify, is that they can actually retain on a medium (electronic or paper)the disclosures. We can't refill their print cartridges or provide harddrive space.
These are interesting times. I believe our kids will look back on this years from now and say "Sheeesh, why did they make it so hard on themselves, why didn't they just...". Technology is progressing so fast that we are now at the equivilent of writing on cave walls.
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Andy Zavoina
Opinions stated are not necessarily that of my employer.