The change to the regulation does not change anything regarding the E-Sign Act. Demonstrable consent continues to be required, whether statements are pushed or pulled. The only substantive changes are the elimination of the requirement that the email address must be one outside the control of the bank, the requirement for email notice of disclosure/statement availability, the requirement for redelivery for bounced emails, and the requirement for at least 90-day availability at the location where you told customers a disclosure would be available.
But E-Sign didn't get changed in any way.
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John S. Burnett
BankersOnline.com
Fighting for Compliance since 1976
Bankers' Threads User #8