12 C.F.R. § 205.17   Requirements for electronic communication.


Title 12 - Banks and Banking


Title 12: Banks and Banking
PART 205—ELECTRONIC FUND TRANSFERS (REGULATION E)

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§ 205.17   Requirements for electronic communication.

(a) Definition. Electronic communication means a message transmitted electronically between a financial institution and a consumer in a format that allows visual text to be displayed on equipment, for example, a personal computer monitor.

(b) General rule. In accordance with the Electronic Signatures in Global and National Commerce Act (the E-Sign Act), 15 U.S.C. 7001 et seq., and the rules of this part, a financial institution may provide by electronic communication any disclosure required by this part to be in writing.

(c) Address or location to receive electronic communication. A financial institution that uses electronic communication to provide disclosures required by this part shall:

(1) Send the disclosure to the consumer's electronic address; or

(2) Make the disclosure available at another location such as an Internet web site; and

(i) Alert the consumer of the disclosure's availability by sending a notice to the consumer's electronic address (or to a postal address, at the financial institution's option). The notice shall identify the account involved and the address of the Internet web site or other location where the disclosure is available; and

(ii) Make the disclosure available for at least 90 days from the date the disclosure first becomes available or from the date of the notice alerting the consumer of the disclosure, whichever comes later.

(d) Redelivery. When a disclosure provided by electronic communication is returned to a financial institution undelivered, the financial institution shall take reasonable steps to attempt redelivery using information in its files.

(e) Persons other than financial institutions. Persons other than a financial institution that are required to comply with this part may use electronic communication in accordance with the requirements of §205.17, as applicable.

[Reg. E, 66 FR 17793, Apr. 4, 2001]

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