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Can I send a legal document to a consumer electronically without having received E-SIGN consent?

No, you cannot send a legal document to a consumer electronically without having received E-SIGN consent. The Electronic Signatures in Global and National Commerce Act (E-SIGN) requires that consumers must provide their consent to receive electronic records and signatures before they can be sent electronically [1.1]. However, there are some exceptions to this rule. According to 12 CFR 1005.4, disclosures required under this part may be provided to the consumer in electronic form, subject to compliance with the consumer-consent and other applicable provisions of the E-SIGN Act [1.3]. Additionally, 12 CFR 1005.5 allows financial institutions to distribute an access device to a consumer on an unsolicited basis if the access device is accompanied by the disclosures required by § 1005.7, of the consumer's rights and liabilities that will apply if the access device is validated [1.4].In summary, while there are some exceptions to the E-SIGN consent requirement, it is generally required before sending legal documents to consumers electronically.