Answer:
There are two options in the regulation. Both are described in Section 205.8(b). The first is an annual notice (long form), which can be delivered as a stand-alone notice. The second is a short-form notice, that can be delivered on or with the periodic statement.
I haven't seen any statement from the Fed that agrees or disagrees that the "on or with" requirement would be met if you included the link you've described in the landing page that leads the customer to the statement. To be on the safe side, you could use the long form disclosure, which need not be on or with the statement. It's actually more informative, and only a few bytes more of storage would be needed for it.
This could all be moot, if your demonstrative consent handshake only covered statements. Although the short form notice that you were printing on the back of your statement paper was on the same piece of paper as the statement, it's not part of the statement itself. However, if your e-sign agreement includes other notices and disclosures relating to the account, you should be OK.
First published on BankersOnline.com 4/26/10
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