Sec. 35.004. MINIMUM STANDARDS FOR REGULATED ENTITIES ELECTRONICALLY CONDUCTING BUSINESS WITH CONSUMERS.
(c) A written communication may be delivered by electronic means to a party by a regulated entity under this section if:
(1) the party affirmatively consented to delivery by electronic means and has not withdrawn the consent;
(2) the party, before giving consent, is provided with a clear and conspicuous statement informing the party of:
(A) any right or option the party may have for the written communication to be provided or made available in paper or another nonelectronic form;
(B) the right of the party to withdraw consent under this section and any conditions or consequences imposed if consent is withdrawn;
(C) whether the party’s consent applies:
(i) only to a specific transaction for which the written communication must be given; or
(ii) to identified categories of written communications that may be delivered by electronic means during the course of the relationship between the party and the regulated entity;
(D) the means, after consent is given, by which a party may obtain a paper copy of a written communication delivered by electronic means; and
(E) the procedure a party must follow to:
(i) withdraw consent under this section; and
(ii) update information needed for the regulated entity to contact the party electronically;
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