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Does Illinois law require financial institutions to provide receipts, and would the E-SIGN Act apply if there is no law requiring us to provide a certain disclosure? – IBA Compliance Connection

IBA Compliance Connection

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Does Illinois law require financial institutions to provide receipts, and would the E-SIGN Act apply if there is no law requiring us to provide a certain disclosure?

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We are not aware of any Illinois laws that require financial institutions to issue receipts. Further, we do not see any reason that the federal E-SIGN Act (or similar Illinois laws) would prevent an institution from issuing receipts via e-mail. The E-SIGN Act states that “a signature, contract, or other record relating to such transaction may not be denied legal effect, validity, or enforceability solely because it is in electronic form.” 15 USC 7001(a)(1). Subsection (c) of that section, which requires disclosure and consent before sending electronic versions of documents, applies only to documents that are required by law to be in writing. Otherwise, the general rule in subsection (a) applies, and electronic records are permitted.