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Specify what E-SIGN applies to

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Is it permissible to have an all inclusive statement in the E-SIGN consent disclosure for all electronic document types?

Yes, so long as that is made clear in the description of what is covered. The requirement is in 101(c)/7001(c).

From (c)(1)(B)(ii) - informing the consumer of whether the consent applies

(I) only to the particular transaction which gave rise to the obligation to provide the record, or

(II) to identified categories of records that may be provided or made available during the course of the parties’ relationship;

Remember that consumer and commercial requirements vary as the latter do not have 101(c) requirements. And if you use different systems, say for loans than are used for deposit accounts, the demonstrable consent requirements apply to each system subject to your agreement.

First published on 03/07/2021

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