Providing Disclosures Electronically: The E-Sign Rule

Date Recorded: February 27, 2025
Presenter: Mr. Mark Burnside, CRCM, Director, Forvis Mazars, LLP

A two-hour webinar focusing on 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 be able to provide these disclosures simply by composing an email and attaching the disclosures. However, the federal compliance rules often impose additional requirements on this method of delivery – specifically, in order for an institution to provide disclosures electronically, it may be subject to the “consent requirements” of the Electronic Signatures in Global and National Commerce Act (“E-Sign Act”).

Unfortunately, some loan officers like to believe that emailing out the disclosures and having the consumer print, sign, and return them is sufficient compliance. It is not. The E-Sign consent requirements provide for notice and consent steps that an institution must take before it can provide disclosures electronically.

This webinar will provide an in-depth review of the E-Sign Act’s consent provisions – both its specificity and its vagueness, and what that means for institutions trying to provide electronic disclosures.  We’ll also review other provisions under the E-Sign Act, and when the Act does not apply.

HERE IS WHAT YOU WILL LEARN:

• The E-Sign Act coverage and requirements;
• Sample language for the E-Sign Consent Statement;
• Rules that require compliance with the E-Sign Act; and
• What institutions can and can’t do electronically when the E-Sign Act applies.