Providing Disclosures Electronically: The E-Sign Rule – ON-DEMAND WEBINARS

Date Recorded: January 20, 2022

Presenter: Anetria Cohen, Vice President and Senior Consultant, FORVIS

A two-hour webinar on a review of the E-Sign Act, the rules that require E-Sign, and exceptions.

Financial institutions often are required to provide disclosures under the Federal compliance rules. It would be easy (and cheap!) to provide these disclosures simply by sending an email with them attached. However, another law – the Electronic Signatures in Global and National Commerce Act (“E-Sign Act”) – could apply. Many rules require that an institution comply with the “E-Sign consent requirements” in order to provide disclosures electronically.

The webinar will provide an in-depth review of the E-Sign consent requirements, which can be both specific and vague. We’ll discuss what the E-Sign statement (or notice) must include, as well as information that is not required to be included but often is. Then, we’ll take a look at the requirement that consent must be made in a manner that “reasonably demonstrates” the consumer can access the disclosures, which causes confusion and many institutions to unknowingly violate the rule.

This webinar will also review other provisions of the E-Sign Act, and the rules that specifically require (or don’t) compliance with the E-Sign Act.

HERE IS WHAT YOU WILL LEARN:

• The E-Sign Act coverage and requirements
• Rules that require compliance with the E-Sign Act
• What institutions can and can’t do electronically when the E-Sign Act applies
• Two checklists that may be helpful!