Is it acceptable to EMail Adverse Action Notices? Our applicants E-Consent but we do not have them consent to receiving disclosures by email. Is it still acceptable to send to them by Secure mail? I would think that this is a Privacy issue.
Thoughts?

1002.4(d)(2) Disclosures in electronic form. The disclosures required by this part that are required to be given in writing may be provided to the applicant in electronic form, subject to compliance with the consumer consent and other applicable provisions of the Electronic Signatures in Global and National Commerce Act (E-Sign Act) (15 U.S.C. 7001 et seq.).

Don't forget that "consent" is hardware/software specific. If you plan to use two different e-delivery methods, then your minimums for both must be disclosed.Consent becomes official ONLY after the customer passes a "test drive" (demonstration) for each method. It sounds like you may need to supplement (or replace) your pre-consent ESIGN disclosures to include the minimums for the use of ordinary email, and then you need the customer to demonstrate success with receipt of e-documents via email.

As an ongoing practice, you want to obtain each applicant's consent for e-delivery of all notices and disclosures (especially the AAN) at the time s/he submits the loan application.

I have a question regarding electronic delivery of documents/disclosures required by Regulation B and commercial loan transactions.

It's my understanding that ESIGN applies to consumers. If yes, then can we deliver documents/disclosures (Right to Receive Copy of Appraisal disclosure, appraisals/valuations, etc.) on commercial loans transactions via email?

As long as the customer agrees to receive them as such. The only difference in the E-Sign Act between consumer and commercial transaction is the demonstrable consent issue.

When transmitting electronic documents to non-consumers, you can operate under ESIGN or your state's UETA.