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E-SIGN consent on a bank computer

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Question: 
Can a financial institution obtain consent for e-delivery of loan documents on bank hardware/software? In other words, electronic delivery of documents on a bank computer rather than the consumer's own computer?
Answer: 

I would not. This anticipates the consumer will have ready access to the bank’s computer to access these documents and that is not the case any time you are closed. You might as well list the bank’s street address as theirs and tell them to stop by one or more times a day when you are open to collect their personal email. I hope you see my point on the comparison. If the consumer has no computer, nor access to one on a regular basis, relying on E-SIGN would not, in my opinion, pass the smell-test by a judge or jury. And when demonstrable consent is done in the bank, a bank employee may be providing guidance or even helping execute the process and that doesn’t demonstrate the consumer’s capability.

First published on 03/14/2021

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