Consumer complaint received 2023-10-26
Company: CITIBANK, N.A.
State: MD
Product: Credit card
Sub-product: General-purpose credit card or charge card
Issue: Other features, terms, or problems
Sub-issue: Other problem

Complaint:
I am writing regarding the recent notice I received from my credit card company, CITI, requiring me to agree to receive statements and legal notices electronically in order to maintain digital access to my account. I believe this policy may be illegal for the following reasons : 1. The Electronic Signatures in Global and National Commerce Act ( ESIGN ) states that companies can not require electronic delivery of statements and notices as the sole means of delivery unless the consumer consents electronically in a manner that demonstrates the consumer can access information electronically. While CITI is requesting my consent, they are also threatening to revoke digital account access if I do not consent, which may run afoul of ESIGN 's requirements. 

2. The ESIGN Act also requires companies to provide consumers with notice of their right to withdraw consent to electronic delivery and provide alternate means of delivery at no additional cost. The CITI notice does not mention my right to withdraw consent or obtain paper statements. 

3. The Truth in Lending Act requires credit card companies to provide periodic statements in writing at least 21 days before payment is due. While electronic delivery satisfies the " in writing '' requirement, CITI 's threat to revoke all digital access if I do not consent could prevent me from receiving any statements as required by TILA. 

4. The Fair Credit Billing Act establishes consumer rights in the billing process, including the right to receive prompt crediting of payments and corrections of billing errors. If CITI revokes my digital access for failure to consent to e-statements, I would lose my ability to quickly identify and dispute potential errors in my bill. 

In summary, CITI 's policy requiring consent to paperless statements or else face denial of access to my account information appears to contradict consumer protections under ESIGN, TILA, and the FCBA. I urge you to look into this matter to ensure companies are not unlawfully coercing consumers into electronic contracts. Please let me know if I can provide any additional information. Thank you for your time and attention.

-- -- -- -- -- -- -- -- -- -- -- -- -- Action Needed : Agree to go Paperless to maintain digital access to your account ( s ) Were requiring you to go Paperless to maintain digital access to your account ( s ). This means your statements and legal notices will be provided only on Citi.com and the Citi Mobile App.

Not ready? We will remind you one more time. After that, authorizing Paperless Statements and Legal Notices will be required or you will not be able to access your account ( s ) on Citi.com and the Citi Mobile App to make payments, view transactions, or use any other digital features. 

After selecting 'I Authorize ', you can always switch back to paper delivery on your 'Paperless Settings ' screen and maintain digital access. Go to 'Services >> Statement & Documents ' on Citi.com or 'Profile >> Statements & Communications Preferences ' on the Citi Mobile App . 

Paperless delivery is secure and convenient. 
Automatically receive payment due reminders on credit card account ( s ) Immediate access to past 24 months of statements ( 12 months if not Paperless ) No statements will be lost or stolen in the mail By clicking " I Authorize '' I agree to the Paperless Terms and Conditions and understand that I will receive my statements and some legal notices electronically only instead of through the US mail. The Paperless Terms and Conditions provide more details, including the system requirements to view documents, and how to get a paper copy or cancel Paperless. I also agree to the Alerts Terms and Conditions and understand that Citi will send me an email alert five days before my credit card payment is due.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation