Esign Customer ability to download or print

Before customers can use mobile banking, they must be enrolled in online banking. On our website, when they enroll or at any other time, they can access and download or print the e-banking agreement. We have had a customer complain that the document cannot be downloaded or otherwise retained by customers who choose to use mobile banking only. Given that customers must have online banking, do we have to make the agreement retainable via the mobile app? Not sure if that is even possible. Thanks!

1. Before customers can use mobile banking, they must be enrolled in online banking.

2. We have had a customer complain that the document cannot be downloaded or otherwise retained by customers who choose to use mobile banking only.

If #1 is true, how is #2 possible?

I believe their issue is that they choose to use the mobile app rather than the website and want everything available through the app.

Well, that appears to be their problem. To get to the mobile app, they have to go through your on-line banking portal. In that portal is your agreement to which they agree. This is not an E-Sign issue, because a legal agreement between two parties does not fall into the E-Sign provision for document delivery which includes: "if a statute, regulation, or other rule of law requires that information relating to a transaction or transactions in or affecting interstate or foreign commerce be provided or made available to a consumer in writing". Whether they can access or print a copy through the mobile app really is up to you.

Thank you!

I'm going to take this question in a bit of a different direction. What happens if you allow a client to open new accounts via the Mobile Device. The client should receive required new account opening disclosures electronically via E-Sign using demonstrable consent in the form that can be printed and saved (in the form they can keep). If the client is unable to save or print from the mobile device, wouldn't that create a Reg DD, Privacy, Reg E, Reg CC issue for all those regs that require disclosures in a form the client can keep prior to account opening.

Your duty is to disclose the hardware and software requirements for both
- access to, and
- retention of
the electronic records (the new account opening disclosures.)

You must also demand the demonstration (test drive) that will prove the customer can access the e-records in the electronic form you will use to provide the new account opening disclosures.

After that, it's all on the customer to follow-through with printing or saving the disclosures. Your duty is to assure delivery, not receipt or retention.