E-Sign Act Compliance

Gain an understanding of the E-Sign Act and consumer finance electronic disclosure requirements.

E-commerce has occurred online and electronically for years. Laws and regulations on e-commerce are not new, however, the COVID-19 pandemic not only demonstrated the importance and necessity of electronic contracting but also revealed 'cracks in the system.' This program will provide an update and overview of the E-Sign Act, an overview of certain consumer finance electronic disclosure requirements, recent updates and requirements regarding electronic contracting, and practice points and best practices in electronic contracting.

Agenda

Overview of the E-Sign Act

• Need and Purpose of the E-Sign Act
• State Law Equivalents

Provisions and Requirements of E-Sign Act

• Key Definitions Under the E-Sign Act
• Requirements for Offering Electronic Signatures

Providing Electronic Consumer Credit Related Disclosures

• Regulation B, Implementing the Equal Credit Opportunity Act
• Regulation Z, Implementing the Truth in Lending Act
• Regulation E, Implementing the Electronic Fund Transfer Act
• Regulation M, Implementing the Consumer Leasing Act
• Truth in Savings Act

Recent Updates

• State Law Updates
• Remote Online Notarization

Practice Points and Best Practices; Cord Keeping and Providing Proof and Evidence of Compliance and Contracting

• E-Signature Evidence
• Audit Trial
• Staying Out of Court or Winning in Court