On our website we list the different types of accounts our bank offers. Can we put hyperlinks leading to the account disclosures on a different page, or do the disclosures need to be on the same page? We do not display any rates, but we do have disclosures related to mobile banking (carrier fees may apply) and foreign ATMs (fees may be charged by non-bank owned ATMs).

Yes, we believe it would be acceptable for a webpage describing different account types to include a link to a separate page that provides disclosures regarding mobile banking and ATM fees.

We are not aware of any specific requirements for disclosing that a carrier may impose messaging or data rates, although we do view this to be a material term that should be disclosed (particularly if the bank is advertising that a mobile banking service is “free”). Consequently, we would apply the logic of the Regulation DD advertising requirements, which allow advertising disclosures to be made on a separate webpage if the advertisement is “accompanied by a link that directly takes the consumer to the additional information.”

We also believe that a disclosure regarding foreign ATM fees could be provided on a separate webpage, if provided in the context of an advertisement or informational page. But if a customer proceeds to open an account with your institution, the account opening disclosures (which would include a notice regarding foreign ATM fees) may be provided in electronic form — provided that your bank complies with the Electronic Signatures in Global and National Commerce Act (E-Sign Act)’s affirmative consent and disclosure requirements.

For resources related to our guidance, please see:

Regulation DD, Official Interpretations, Paragraph 8(a), Comment 9 (“If an electronic advertisement (such as an advertisement appearing on an Internet Web site) displays a triggering term (such as a bonus or annual percentage yield) the advertisement must clearly refer the consumer to the location where the additional required information begins. For example, an advertisement that includes a bonus or annual percentage yield may be accompanied by a link that directly takes the consumer to the additional information.”)

Regulation E, 12 CFR 1005.7(b)(11) (“A financial institution shall provide the following disclosures, as applicable: . . . (11) ATM fees. A notice that a fee may be imposed by an automated teller machine operator as defined in § 1005.16(a), when the consumer initiates an electronic fund transfer or makes a balance inquiry, and by any network used to complete the transaction.”)

Regulation E, 12 CFR 1005.4(a)(1) (“The disclosures required by this part may be provided to the consumer in electronic form, subject to compliance with the consumer-consent and other applicable provisions of the Electronic Signatures in Global and National Commerce Act (E-Sign Act) (15 U.S.C. 7001 et seq.).”)

Regulation DD, 12 CFR 1030.3(a) (“The disclosures required by this part may be provided to the consumer in electronic form, subject to compliance with the consumer consent and other applicable provisions of the Electronic Signatures in Global and National Commerce Act (E-Sign Act) (15 U.S.C. 7001 et seq.). The disclosures required by §§ 1030.4(a)(2) [provided upon consumer request] and 1030.8 [advertising disclosures] may be provided to the consumer in electronic form without regard to the consumer consent or other provisions of the E-Sign Act in the circumstances set forth in those sections. . . .”)

Electronic Signatures in Global and National Commerce Act, 15 USC 7001(c)(1)(A) (Providing that electronic records may satisfy a requirement that information be in writing if, “the consumer has affirmatively consented to such use and has not withdrawn such consent. . . .”)

Electronic Signatures in Global and National Commerce Act, 15 USC 7001(c)(1)(B)(i) (Providing that electronic records may satisfy a requirement that information be in writing if “the consumer, prior to consenting, is provided with a clear and conspicuous statement. . . . informing the consumer of (I) any right or option of the consumer to have the record provided or made available on paper or in nonelectronic form, and (II) the right of the consumer to withdraw the consent to have the record provided or made available in an electronic form. . . .”)

Electronic Signatures in Global and National Commerce Act, 15 USC 7001(c)(1)(C) (Providing that electronic records may satisfy a requirement that information be in writing if the consumer “(i) prior to consenting, is provided with a statement of the hardware and software requirements for access to and retention of the electronic records; and (ii) consents electronically, or confirms his or her 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”)