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Can we send disclosures to residential real estate loan applicants electronically? – IBA Compliance Connection

Can we send disclosures to residential real estate loan applicants electronically?

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The Illinois Financial Institutions Electronic Documents and Digital Signature Act and the federal Electronic Signatures in Global and National Commerce (ESIGN) Act allow banks to send “information relating to a transaction” required by law in electronic form (after sending the required notices and obtaining the consumer’s consent). 205 ILCS 705/10(c)15 USC 7001. The OCC has explained how the E-SIGN requirements apply to financial institutions. OCC Advisory Letter 2004-11. And, the Federal Reserve has published a checklist to ensure compliance with E-SIGN. FRB Consumer Affairs Electronic Banking Checklist (p. 7) (May 2003).