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

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).