Full text of BoA's 'Electronic Communications Disclosure'

Customers given a choice: consent or go away

Earlier this morning I posted an account of my brush with Bank of America's "Electronic Communications Disclosure" that was headlined: "BoA is holding my online bank accounts hostage."

Here is that document in it's full 2,127-word glory. Enjoy:

Note: This disclosure applies to communications that we are legally required to provide to you and other communications that we provide to you in connection with any or all of your accounts, products and services accessible with Online Banking, Merrill Lynch brokerage websites or other websites within the Bank of America family of companies.

Please read this Electronic Communications Disclosure ("eCommunications Disclosure") thoroughly - it contains important information about your legal rights. This eCommunications Disclosure covers all of your accounts, products, and services with Bank of America and its affiliates (collectively, "Bank of America", "we", "us", and "our") accessible, either currently or in the future, through Online Banking, Merrill Lynch brokerage websites or other Bank of America websites. This includes, but is not limited to, the following account, product, and service types: deposit accounts, credit card, loan, brokerage accounts, insurance policies and other online services. The words "I", "you" and "your" mean each account holder, product owner and/or service user identified on an account, product or service.

(1) Your Legal Rights

Certain laws require us to provide specific information to you in writing, which means you have a right to receive that information on paper. We may provide such information to you electronically if we first present this eCommunications Disclosure and obtain your consent to receive it electronically. Your consent will also apply to any other person named on your account, product or service, subject to applicable law. Since Online Banking and Merrill Lynch brokerage websites include some of this information, you must consent to this eCommunications Disclosure in order to use these services. At times, we may still present you with paper disclosures, but as a basic proposition we need to know that you are willing to receive disclosures and other information electronically that otherwise must be provided on paper and that you have the hardware and software needed for access to this information (and note that in Section No. 3 below, we explain ways to obtain selected disclosures or other information on paper even after you have consented to this eCommunications Disclosure).

(2) Types of Electronic Communications You Will Receive

You understand and agree that Bank of America may provide to you in electronic format only, by posting the information on the website where you access your account, product or service, such as Online Banking or Merrill Lynch brokerage websites, or through e-mail (if applicable and if you have provided a valid e-mail address) agreements, disclosures, notices, and other information and communications regarding your accounts, services and products, the use of any Online Banking, Merrill Lynch brokerage websites or our other web services, your relationship with us, and/or other programs, products or services that are or may be in the future made available to you ("Communications"). Such Communications may include, but are not limited to:

(3) Setting Your Electronic Communications Preferences

After you consent to this eCommunications Disclosure, you will still be able to set your preferences to receive certain Communications in (1) both electronic and paper format; (2) electronic format only; or (3) paper format only. Setting your Communications preferences may not be available for all products, accounts or services. For more information on the availability of your electronic communications preference management options, please refer to the appropriate electronic communications preference page on the website where you access your Communications. If you decide to receive some Communications in paper and some electronically, the Communications that you receive electronically will be governed by this eCommunications Disclosure.

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