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One viable solution to address withdrawal of consumer consent under The Electronic Signatures in Global and National Commerce Act (E-Sign) is for the company to anticipate various scenarios and specify withdrawal conditions that the E-Sign act allows the company to impose. The “clear and conspicuous” statement provided to the consumer under � 101(a)(1)(A) and (B) of the act should not be limited to the conditions for withdrawal and the penalties that attach. It should also identify commonly occurring problems in electronic delivery and specify under what circumstances withdrawal will be deemed to have occurred. For example, the policy could include the following provisions: Scenario 1: A company’s e-mail is sent to a correct e-mail address but cannot be delivered because of a temporary disruption of e-mail service: In the event that Company receives a notification that your e-mail system cannot receive incoming messages, Company will attempt to deliver your information two (2) additional times, two (2) or more days apart. If the third attempt to deliver the information to you fails, Company may assume that you have withdrawn your consent to receive information electronically, and the Withdrawal of Consent provisions will apply. Company will then provide [for an extra fee] all information to you in hard copy form, mailed to the street address you have provided to us. You must then electronically provide your consent to receive future information electronically. Scenario 2: A company’s e-mail notification to a consumer is “bounced,” and the company is notified that no such e-mail address exists: In the event Company receives a notification that your e-mail address is inactive/does not exist, the Company will (1) take reasonable steps to verify that we have your correct mailing address and/or (2) resend the information to any other e-mail address you have provided. If, after verification, no e-mail address you have provided is active, Company shall deem you to have withdrawn your consent to receive information from us electronically and the Withdrawal of Consent provisions will apply. Company will then provide all information to you in hard copy form, mailed to the street address you have provided to us. You must then electronically provide your consent to receive future information electronically. Scenario 3: A company receives notice from the consumer that the consumer has not had e-mail for four months, but the company’s e-mail notifications have not “bounced,” nor has the company received any other notification that prior e-mails have not been delivered: Company shall not be responsible for providing copies of information sent to you electronically if you do not receive such information because you canceled your e-mail address without notifying us within 15 days of such cancellation. You may obtain copies of such records at the fees stated below. In addition, the Withdrawal of Consent provision will apply. Company will then provide all information to you in hard copy form, mailed to the street address you have provided to us. You must then electronically provide us your consent in order to receive future information electronically. This sample clause is intended to serve solely as an exemplar and may need to be modified to conform to the legal requirements of your jurisdiction. It in no way constitutes legal advice.

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