Consumer Banking and Payments Law: 11.4.3 E-Sign Consent Must Reasonably Demonstrate Consumer’s Ability to Access the Electronic Information
E-Sign requires that the consumer 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.”202 This means that consumers must demonstrate, not just affirm, that they have access to the equipment and programs necessary to receive, open, and read the relevant electronic documents.203
E-Sign’s legislative history states: