Demonstrable consent and PDF docs

Posted By: Dallas Fan

Demonstrable consent and PDF docs - 11/22/10 08:33 PM

If we provide our E-Sign Disclosure via online banking in PDF format with an ACCEPT or REJECT links, will that suffice as demonstrable consent that they can reasonably access their statements? If they open the document and click ACCEPT wont that prove they are capable? I really dont see the need for having a specific PIN number as I have read in here.
Posted By: Richard Insley

Re: Demonstrable consent and PDF docs - 11/22/10 10:41 PM

- Are you providing the ESIGN disclosure/opt-in document in exactly the same manner you will provide e-statements?
- What happens when the account holder clicks the ACCEPT button or link?
Posted By: Dallas Fan

Re: Demonstrable consent and PDF docs - 11/23/10 01:32 PM

I am trying to set it up so that once they click the accept button on the PDF disclosure we will have our confirmation that they can indeed view a PDF and that they have accepted our agreement. Yes, the statements will be posted in PDF format once they log in. This is still in the works right now and I am hoping our vendor can accomodate. We'll see... thanks
Posted By: Richard Insley

Re: Demonstrable consent and PDF docs - 11/23/10 08:05 PM

We still don't know what happens when the customer clicks the ACCEPT button.
Posted By: Dallas Fan

Re: Demonstrable consent and PDF docs - 11/23/10 08:30 PM

Once the customer clicks the ACCEPT button they will be granted access to their statements. We will also have a record of the exact time the customer accepted the agreement.
Posted By: Richard Insley

Re: Demonstrable consent and PDF docs - 11/24/10 12:31 AM

What will happen if a customer initiates the consent process but can't complete the click-through or bails out before completing the process?
Posted By: Dallas Fan

Re: Demonstrable consent and PDF docs - 11/24/10 02:52 PM

answer: They won't be able to access their statements or online banking. We are intending to post our phone number and frequently asked questions somewhere conspicuous in case they have problems. I know it kind of an "all or nothing" approach" but we think that most people will be okay. Plus, if this works out we will most likely be mailing far fewer statements.

If they have trouble we are thinking it will most likely be an adobe reader issue so we have a link to download or get an updated version of that at the site as well. Your input is appreciated.
Posted By: Richard Insley

Re: Demonstrable consent and PDF docs - 11/24/10 05:51 PM

Your procedure for successful customers sounds good, with a single modification. This group receives ESIGN's "how e-delivery works" disclosures and then opts in--in a manner that demonstrates success with the necessary technologies. Subsequent statements can be delivered electronically and the applicable federal consumer protection regs (E, DD, Z, etc.) will consider these documents to be "in writing." It's a minor modification, but ESIGN requires an "affirmative request" for e-delivery. Rewording the text for your link or button will satisfy this technical requirement.

As you currently envision the procedure for customers who fail or bail, you will not be able to proceed with e-deliveries to this group. An opt-in is not complete until each account holder passes the "ESIGN test." Since Regs E, DD, Z, etc. require "written" periodic disclosures, you must continue delivering fail/bail statements in paper form until these customers pass the test.
Posted By: Dallas Fan

Re: Demonstrable consent and PDF docs - 11/24/10 06:55 PM

Great information. I will work on changing the text on the "Accept" link. Thanks again and Happy Thanksgiving.
Posted By: John Burnett

Re: Demonstrable consent and PDF docs - 11/26/10 05:16 PM

One other consideration -- You can define what the customer's opt-in covers somewhat. Rather that confine your demonstrable consent dialog to e-statements, why not include a list of communications like change in terms notices, overdraft notices (if you provide them), error-resolution and/or billing error notices, or a broad statement such as "any and all notices or statements relating to your account and other accounts with XYZ bank"?
Posted By: Analauditor

Re: Demonstrable consent and PDF docs - 03/08/11 03:51 PM

Must we specifically list which consumer compliance disclosures we will be sending electronically? (Electronic Funds Transfer Act; Truth in Savings Act; etc)
Posted By: Richard Insley

Re: Demonstrable consent and PDF docs - 03/09/11 05:20 AM

As a part of the consent process, Section 101(c)(1) of ESIGN requires you to provide "a clear and conspicuous statement informing the consumer of whether the consent applies only to the particular transaction which gave rise to the obligation to provide the record, or to identified categories of records that may be provided or made available during the course of the parties’ relationship."

"Categories of records" is very broad language--leaving you a great deal of flexibility. If you were to say, "any statements, notices, disclosures, or other communications regarding your account", I'd say you've met the requirement.