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When a customer comes into a branch and uses a personal banker’s computer to add online banking access to an existing account, is it acceptable to ask the customer to read the disclosures on the computer screen, or should it be done at a home computer? – IBA Compliance Connection

IBA Compliance Connection

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When a customer comes into a branch and uses a personal banker’s computer to add online banking access to an existing account, is it acceptable to ask the customer to read the disclosures on the computer screen, or should it be done at a home computer?

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If your customers are signing up for online banking only, without adding e-statements at the same time, we do not see a problem with using a personal banker’s computer. We are not aware of any disclosures that would need to be provided in writing for enrolling an existing customer in online banking, and therefore we do not believe that the E-Sign requirements would apply (since the E-Sign Act consumer consent provisions only apply to information that must “be provided or made available to a consumer in writing”).

However, if you are enrolling a customer into e-statements or will be providing any required disclosures solely in electronic form, the E-Sign Act requirements would apply, and the customer would need to consent to your E-Sign Act disclosures on a home computer (or wherever the customer regularly accesses a computer, such as at a public library). If a customer provides this consent at a personal banker’s computer, the customer has not “reasonably demonstrated” that he or she will be able to access e-statements or other disclosures in electronic form, as required by the Act.

For resources related to our guidance, please see below:

  • E-Sign Act — 15 USC 7001(c)(1)(C)(ii) (a consumer must consent electronically in a manner that reasonably demonstrates that the consumer can access information in the electronic form that will be used to provide the information that is the subject of the consent)