Fundraising Disclosures for Professional Fundraisers
A number of states require disclosure statements on all written materials mailed and in all oral solicitations to potential donors in their states. The following lists the states and the most recent disclosure information to be included in all oral and written charitable solicitations conducted by professional fundraisers to residents in these states.

Here is an outline of a “Model Professional Fundraiser Disclosure Statement” which encompasses all the required disclosures and can be customized for the organization. The information provided in this document does not constitute legal advice, and is not intended to substitute for legal counsel.

ALASKA
A paid solicitor must clearly and conspicuously disclose the following information to the person being solicited:

1. The true name of the individual making the solicitation;
2. The true name of the charitable organization for whom the solicitation is being made;
3. The true name of the paid solicitor;
4. The true name of the person who is employing and compensating the individual making the solicitation if the individual is employed for compensation to make the solicitation;
5. Whether the individual making the solicitation is being paid for making the solicitation or is an unpaid volunteer;
6. The name and physical address of the principal headquarters of the charitable organization for whom the solicitation is being made;
7. A description of how and where the charitable contributions raised by the paid solicitor are to be utilized for the charitable purpose; and
8. That a financial statement of the charitable organization for whom the solicitation is being made and a copy of the contract required will be provided upon request.

A paid solicitor, who makes a solicitation by mail, radio, or television, must mail written confirmation of a contribution pledge to the contributor within five days after the pledge is received. The confirmation must include a clear and conspicuous disclosure of the information identified above.

ARIZONA
A contracted fund raiser must disclose, orally and in written materials, the name of the charitable organization, the name of the contracted fund raiser as on file with the secretary of state, and the fact that the contracted fundraiser, for compensation, is conducting the solicitation on behalf of a charitable organization. When conducted orally, a written confirmation with this information must also be provided within five business days after that person has been solicited, and must also include the following information:

1. That information filed with the secretary of state is available for public inspection; and
2. The toll free telephone number of the secretary of state.

During the solicitation, whether by telephone or otherwise, independent solicitors must:

1. Identify themselves as for profit solicitors who are soliciting on behalf of a charitable

1. organization or a contracted fund raiser;
2. Disclose the legal name of the charitable organization or contracted fund raiser on whose
3. behalf the independent solicitor is making the solicitation;
4. Disclose the independent solicitor's true legal name; and
5. State that the purpose of the solicitation is to raise charitable funds.

ARKANSAS
Every professional fundraiser soliciting in the state must clearly and unambiguously (1) disclose his or her identity, (2) professional status, and (3) whether compensation is received for those services. Upon request by a solicited party, the person truthfully and accurately discloses the percentage of funds raised which is being paid to the solicitor, either directly or as reimbursement of costs, and what percentage will be ultimately retained by the charity. These disclosure requirements do not apply to any bona fide full-time employee of the charity or any volunteer who donates or gives all of the gross proceeds to the charity. This exception does not apply to any person who directly or indirectly receives a commission as compensation for services in relation to fund-raising activities performed for the charitable organization. Every charitable organization that solicits in Arkansas, and uses an Arkansas address, including a return address, but does not maintain and staff an office at that address must disclose in writing immediately proximate to the address located in the state both (1) the address of the charitable organization’s actual headquarters and (2) the fact that the address is that of a mail drop box or located in a mail-handling facility.

The following language may be used:

“The headquarters of this organization is located at [insert the address of the non-Arkansas headquarters]. The Arkansas address, [insert Arkansas mailing address], is that of a [insert either “mail drop box” or “mail-handling facility”] located in the state.”

CALIFORNIA
Prior to any solicitation or sales solicitation for charitable purposes, a paid solicitor or seller must exhibit to the prospective donor or purchaser a card entitled "Solicitation or Sale for Charitable Purposes Card." The card must be signed and dated under penalty of perjury by an individual who is a principal, staff member, or officer of the soliciting organization. The card must give the name and address of the soliciting organization or the person who signed the card and the name and business address of the paid individual who is doing the actual soliciting. In lieu of exhibiting a card, the solicitor or seller may distribute during the course of the solicitation any printed material, such as a solicitation brochure, provided the material complies with the standards set forth below, and provided that the solicitor or seller informs the prospective donor or purchaser that the information as required below is contained in the printed material.

Information on the card or printed material must be presented in at least 10- point type and must include the following:

1. The name and address of the combined campaign, each organization, or fund on behalf of which all or any part of the money collected will be utilized for charitable purposes;
2. If there is no organization or fund, the manner in which the money collected will be used for charitable purposes;
3. The non-tax-exempt status of the organization or fund, if the organization or fund for which the money or funds are being solicited does not have a charitable tax exemption under both federal and state law; and
4. The percentage of the total gift or purchase price which may be deducted as a charitable contribution under both federal and state law. If no portion is so deductible the card must state that "This contribution is not tax deductible."

If the initial solicitation or sales solicitation is made by radio, television, letter, telephone, or any other means not involving direct personal contact with the person solicited, including over the Internet, this solicitation must also clearly disclose this information. This disclosure requirement does not apply to any radio or television solicitation of 60 seconds or less. If the gift is subsequently made or the sale is subsequently consummated, the solicitation or sale for charitable purposes card must be mailed to or otherwise delivered to the donor, or to the buyer with the item or items purchased.

COLORADO
A paid solicitor who makes an oral solicitation by telephone must disclose the following as part of the telephone solicitation:

1. A statement that the person soliciting the charitable contribution by telephone is paid to make such solicitation;
2. The name of the telemarketing company that employs the paid solicitor;
3. The name and telephone number of the charitable organization on whose behalf the paid solicitor is making the solicitation;
4. A statement that the charitable contribution is not tax deductible, if such is the case;
5. Upon request by a person from whom a charitable contribution is sought, the percentage of the contribution that will be paid to the charitable organization as a result of such person's contribution; and
6. Upon request by a person from whom a charitable contribution is sought, the registration numbers of the charitable organization and the paid solicitor.

A paid solicitor who makes an oral solicitation by telephone, door-to-door, or otherwise must furnish to each contributor, prior to collecting or attempting to collect any contribution, a written confirmation of the expected contribution, which must contain the following information clearly and conspicuously:

1. The full legal name, address, telephone number, and registration number of the employer of the individual paid solicitor who directly communicated with the contributor;
2. A disclosure that the contribution is not tax-deductible, if such disclosure is applicable, or, if the solicitor maintains that the contribution is tax-deductible in whole or in part, the portion of the contribution that the solicitor maintains is tax-deductible;
3. A disclosure in capital letters of no less than ten-point, bold-faced type identifying the paid solicitor as a paid solicitor and containing the statement: "Registration by the secretary of state is not an endorsement of either the paid solicitor or the organization or cause the solicitor represents.";
4. The address and telephone number of the telephone room or other location from which the solicitation has been or is being conducted if such information is different than that which is provided above; except that this information is not required to be provided if telephone solicitations are being conducted from more than one location and from the residences of the individual paid solicitor;
5. The name, address, telephone number, and registration number of any charitable organization connected with the solicitation or any organization the name or symbol of which has been used in aid of or in the course of the solicitation;
6. The amount of any expected monetary contribution;
7. The name and address of the contributor, and the date of the individual solicitation, or spaces where this information may be filled in by the contributor; and
8. A statement that Colorado residents may obtain copies of registration and financial documents from the office of the secretary of state, with a current telephone number and web site address for obtaining such documents from the secretary of state.

CONNECTICUT
A paid solicitor must, prior to orally requesting a contribution, and at the same time at which a written request for a contribution is made, clearly and conspicuously disclose at the point of solicitation his name as on file with the Department of Consumer Protection, and the fact that he is a paid solicitor.
A paid solicitor must, in the case of a solicitation campaign conducted orally, whether by telephone or otherwise, send a written confirmation to each person who has pledged to contribute, no more than five days after such person has been solicited, which must include a clear and conspicuous disclosure of the information required above.

A paid solicitor may not represent that:

1. Any part of the contributions received will be given or donated to any charitable organization unless such organization has consented in writing to the use of its name, prior to the solicitation. Such written consent must be signed by two authorized officers, directors or trustees of the charitable organization.
2. Tickets to an event are to be donated for use by another, unless the paid solicitor has first obtained a commitment, in writing, from a charitable organization stating that it will accept donated tickets and specifying the number of tickets which it is willing to accept and provided no more contributions for donated tickets must be solicited than the number of ticket commitments received from the charitable organization.

DELAWARE
Any person soliciting a charitable contribution must disclose prior to making the solicitation his or her name and the name of the charitable organization. A professional solicitor must disclose during the solicitation he or she is, or is employed by, a professional solicitor and the identity of the professional solicitor.

Upon request by the person being solicited, a professional solicitor must disclose the amount/percentage of the contribution that will be turned over to the charitable/fraternal organization, the amount/percentage of the contribution to be used for the charitable/fraternal purposes for which it is being solicited or the amount/percentage to be retained by the professional solicitor. To the extent the amount/percentage of the contribution to be turned over to the charitable/fraternal organization is not known at the time of the solicitation, the person must disclose a good faith estimate of the percentage/amount of the contribution to be turned over to the charitable/fraternal organization.

A professional solicitor may not:

1. Use or refer to the term "police," "law enforcement," "trooper," "rescue squad," "firemen" or "firefighter" unless (i) the person making such representations is employed by a bona fide police, law enforcement, rescue squad or fire department and the person is authorized by such entity to engage in charitable solicitation, or (ii) such entity has authorized the use or reference to such term in writing for the purpose of charitable/fraternal solicitation;
2. Represent that another “person” as defined below endorses the solicitation unless such person has consented in writing to the use of the person's name for the purpose of endorsing the solicitation. "person" means any individual, organization, corporation, government, or governmental subdivision or agency, statutory trust, business trust, estate, trust, partnership, unincorporated association, limited liability company, limited liability partnership, two (2) or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity;
3. Represent that a percentage of the contribution will be used for a charitable/fraternal purpose if the person has reason to believe the contribution will not be used for a charitable/fraternal purpose;


4. The representation that another “person” (defined broadly to include any individual, organization, governmental agency or various commercial or legal entities) endorses the solicitation unless such person has consented in writing to the use of the person's name for the purpose of endorsing the solicitation;
5. Represent that the contribution is solicited on behalf of anyone other than the charitable/fraternal organization that authorized the solicitation in accordance with this subchapter;
6. Use of the name of any charitable/fraternal organization without the written consent of the charitable/fraternal organization; or
7. Use of a name, symbol or statement so closely related or similar to that used by another charitable/fraternal organization or governmental agency that the use thereof would tend to confuse or mislead the public.

FLORIDA
A professional fundraiser conducting an oral solicitation must clearly disclose the following:

1. The name of the professional solicitor/fundraiser as on file with the Department of Agriculture and Consumer Services.
2. If the individual acting on behalf of the professional solicitor/fundraiser identifies himself or herself by name, the individual's legal name.
3. The name and state of the principal place of business of the charitable organization or sponsor and a description of how the contributions raised by the solicitation will be used for a charitable or sponsor purpose; or, if there is no charitable organization or sponsor, a description as to how the contributions raised by the solicitation will be used for a charitable or sponsor purpose.
4. If requested by the person being solicited, the professional solicitor must inform that person in writing, within 14 days of the request, of the fixed percentage of the gross revenue or the reasonable estimate of the percentage of the gross revenue that the charitable organization or sponsor will receive as a benefit from the solicitation campaign.
5. If requested by the person being solicited, the professional solicitor must inform that person in writing, within 14 days of the request, of the percentage of the contribution which may be deducted as a charitable contribution under federal income tax laws.

In the case of a solicitation campaign conducted orally, whether by telephone or otherwise, any written confirmation, receipt, or reminder sent to any person who has contributed or has pledged to contribute, must include a clear disclosure of the information required above.

The following verbatim disclosure must also be conspicuously displayed, IN CAPITAL LETTERS, and included on all fund-raising materials sent to Florida residents: “A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLLFREE, WITHIN THE STATE, 1-800-HELP-FLA. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE.”

The disclosure statement must also include the charity’s or sponsor’s registration number.

When the solicitation consists of more than one piece, "the statement must be displayed prominently" in the materials.

A professional solicitor may not represent that tickets to any event will be donated for use by another person, unless the following requirements are complied with:

1. The professional solicitor must have the written commitments from persons stating that they will accept donated tickets and specifying the number of tickets they are willing to accept.
2. The written commitments must be filed with the Department prior to any solicitation.
3. The contributions solicited for donated tickets may not be more than the amount representing the number of ticket commitments received from persons and filed with the department.
4. At least 7 calendar days before the date of the event, the professional solicitor must give all donated tickets to each person that made the written commitment to accept them.

GEORGIA
Every paid solicitor or solicitor agent required to be registered and soliciting in this state shall include the following disclosures at the point of solicitation:

1. The name and location of the paid solicitor and solicitor agent;
2. The name and location of the charitable organization for which the solicitation is being made;
3. That the following information will be made available upon request: a. A full and fair description of the charitable program for which the solicitation campaign is being carried out and, if different, a full and fair description of the programs and activities of the charitable organization on whose behalf the solicitation is being carried out; and b. A financial statement or summary which shall be consistent with the financial statement required to be filed with the Secretary of State; and
4. That the solicitation is being made by a paid person on behalf of the charitable organization and not by a volunteer.

HAWAII
A professional solicitor who makes an oral solicitation by telephone, door-to-door, or otherwise, must furnish to each contributor, prior to collecting or attempting to collect any contribution, a written confirmation of the expected contribution, containing the following information clearly and conspicuously:

1. The full legal name, address, and telephone number of the individual professional solicitor who directly communicated with the contributor; and
2. A disclosure that the contribution is not tax deductible, if applicable, or, if the professional solicitor maintains that the contribution is tax-deductible in whole or in part, the portion of the contribution that the professional solicitor maintains is tax-deductible.

ILLINOIS
Professional fundraisers must clearly and unambiguously disclose in oral and written solicitations:

1. The fact that the solicitation is being made by a paid professional fund raiser;
2. The professional fund raiser’s name;
3. A statement that “contracts and reports regarding [name of charity] are on file with the Illinois Attorney General;” and
4. In oral solicitations only, the professional solicitor’s true name.

If the professional fund raiser employs or uses a contract which provides that it will be paid or retain a certain percentage of the gross amount of each contribution or will be paid an hourly rate for solicitation, or the contract provides the charity will receive a fixed amount or a fixed percentage of each contribution, the professional fund raiser and person soliciting must disclose to persons being solicited the percentage amount retained or hourly rate paid to the professional fund raiser and solicitor pursuant to the contract, and the amount or the percentage to be received by the charitable organization from each contribution, if such disclosure is requested by the person solicited.

Any person, professional fund raiser, or professional solicitor soliciting charitable contributions from the public on behalf of a public safety personnel organization may not misrepresent that he or she is a law enforcement person, firefighter, or member of the organization for whom the contributions are being raised. If requested by the person solicited, the solicitor must promptly provide his or her actual name, the exact legal name of the organization with which he or she is employed and its correct address, as well as the exact name of the charitable organization.

INDIANA
A professional solicitor, and any person employed to solicit or act on behalf of a professional solicitor, must disclose at the time of the solicitation (oral or written) and before the donor agrees to make a contribution:

1. The name and, upon request, the address of the charitable organization that is being represented;
2. The fact that the person soliciting the contribution is, or is employed by, a professional solicitor, and the fact that the professional solicitor is compensated;
3. The full name of the professional solicitor and, upon request, the telephone number the person being solicited can call to confirm the information provided under this section; and
4. The charitable purpose for which the funds are being raised.

A written confirmation must be mailed within ten (10) days after each oral solicitation in which a contribution has been given. This confirmation must include:

1. The name and, upon request, the address of the charitable organization that is being represented; and
2. The fact that the person soliciting the contribution is, or is employed by, a professional solicitor, and the fact that the professional solicitor is compensated.

All required disclosures must be clear and conspicuous.

IOWA
A charitable organization must provide, upon request and without cost to the requesting party, financial disclosure information concerning contributions received and disbursements for the organization's last complete fiscal year, or, if the organization has not completed a full fiscal year, for its current fiscal year, to the attorney general or a person requesting the information within five days of the request.
A charitable organization may not solicit contributions for a charitable purpose in this state, where the charitable organization claims that a portion or all of the contributions received will be given to another charitable organization in this state, without permission from the other charitable organization that its name may be referred to as part of the solicitation.

KANSAS
All solicitations by professional solicitors must contain the following disclosures at the point of solicitation:

1. The name, address and telephone number of the charitable organization;
2. The registration number for the charitable organization;
3. If the solicitation is made by a person acting as a professional solicitor, the solicitor’s registration number; and
4. That an annual financial report for the preceding fiscal year is on file with the secretary of state.

KENTUCKY
Prior to orally requesting a contribution or when requesting a contribution in writing, a professional solicitor must clearly disclose:

1. His name as set out in the registration statement filed with the Attorney General and the fact that he is being paid for his services; and
2. The name of the charitable organization he represents and a description of how the contributions raised by the solicitation will be used for a charitable or civic purpose.

Any individual who acts on behalf of the professional solicitor and identifies himself by name must give his legal name.

The written confirmation, receipt, or reminder sent to a contributor or one who has pledged to contribute, following an oral solicitation, must clearly include the information required above. If the person being solicited requests information regarding the amount or percentage of funds going to the charitable organization or for a charitable or civic purpose, the professional solicitor must inform the person solicited of the percentage of the gross revenue or the reasonable estimate of the gross revenue that the charitable organization will receive from the solicitation campaign.

MAINE
A professional solicitor or person who a professional solicitor employs or engages, directly or indirectly, to solicit contributions may not:

1. Misrepresent, directly or indirectly, that person's relationship to a charitable organization; and
2. Misrepresent, directly or indirectly, to a contributor or potential contributor any fact relating to the solicitation, including, but not limited to, the percentage of the contribution that will be paid over to the charitable organization or the purpose for which the contribution will be used.
3. represent, directly or indirectly, that any part of the contributions received will be given or donated to any charitable organization unless the organization has previously consented in writing to the use of its name; or
4. Solicit a contribution from any person in this State without clearly and conspicuously disclosing to the person, prior to the time the person makes or authorizes payment of a donation:

   a.     The name and address of the professional solicitor;
   b.     That the solicitor is being paid by the charitable organization on whose behalf the solicitation is being made; and
   c.     How the potential contributor may obtain information from the State on the respective percentages of contributions that will be paid to the charitable organization and to the paid fund-raiser.

Any person or entity who solicits contributions must fully disclose to the prospective donor, at the time of solicitation but prior to the request for contributions, the name and address of the charitable organization for which the solicitation is being conducted.

MARYLAND
A charitable solicitation that is a specific written request to the public for money, any written receipt for a charitable contribution, must contain a disclosure statement with the following information:

1. A statement that a copy of the current financial statement of the charitable organization is available on request;
2. The name of the charitable organization and the address and telephone number where requests for a copy of the financial statement should be directed; and
3. A statement that, for the cost of copies and postage, documents and information submitted under this title are available from the secretary of state.

The disclosure statement must be displayed conspicuously on a charitable solicitation and on a receipt for a charitable contribution. Within 30 days after receiving a charitable contribution as a result of a charitable solicitation by telephone, a professional solicitor shall send the contributor a written receipt that contains:

1. The name and address of the professional solicitor; and
2. The disclosure statement with the information specified above.

MASSACHUSETTS
All solicitations by professional solicitors must contain, at the time of solicitation, the following disclosures:

1. The name, address and telephone number of the charitable organization and a description of how the contributions raised by the solicitation will be utilized for charitable purposes, or if there is no charitable organization, the name, address and telephone number of the professional solicitor and a description of how the contributions raised by the solicitation will be utilized for charitable purposes; and
2. The statement that the solicitation is being conducted by a paid fund-raiser.

MINNESOTA
Prior to orally requesting a contribution or contemporaneously with a written request for a contribution, the following information must be clearly disclosed:

1. The name and location by city and state of each charitable organization on behalf of which the solicitation is made;
2. The tax deductibility of the contribution; and
3. A description of the charitable program for which the solicitation campaign is being carried out; and, if different, a description of the programs and activities of the organization on whose behalf the solicitation campaign is being carried out.

Any professional fund-raiser soliciting contributions in this state must also disclose the name of the professional fund-raiser as on file with the attorney general and that the solicitation is being conducted by a "professional fund-raiser."

If the solicitation is made by direct personal contact, the required information must also be disclosed prominently on a written document which must be exhibited to the person solicited. If the solicitation is made by radio, television, letter, telephone, or any other means not involving direct personal contact, the required information must be clearly disclosed in the solicitation.

MICHIGAN
No disclosure statement required. However, the state Attorney General's office strongly encourages inclusion of the organization's Michigan registration number in all solicitations written as: “MICS No._____.”

MISSISSIPPI
Prior to orally requesting a contribution or contemporaneously with written requests for a contribution, and in any written confirmation, receipt or reminder sent to any person who has contributed or has pledged to contribute, a professional fund-raiser and professional solicitor must clearly and conspicuously disclose the following:

1. The name of the professional fund-raiser as on file with the Secretary of State and that the solicitation is being conducted by a professional fund-raiser who is being paid for his services;
2. If the professional solicitor acting on behalf of the professional fund-raiser identifies himself by name, the professional solicitor's legal name; and
3. The name of the charitable organization as on file with the Secretary of State and a description of how the contributions raised by the solicitation will be utilized for a charitable purpose or, if no charitable organization exists, a description as to how the contributions raised by the solicitation will be utilized for a charitable purpose.


4. If requested by the person being solicited, the professional fund-raiser and professional solicitor shall inform that person orally and then in writing within fourteen (14) days of the request of the fixed percentage of the gross revenue or the reasonable estimate of the percentage of the gross revenue that the charitable organization or sponsor will receive as benefit from the solicitation campaign.

The following statement must be reproduced verbatim on written solicitations, confirmations, receipts and reminders of oral solicitations: "The official registration and financial information of [legal registered name of charity] may be obtained from the Mississippi Secretary of State's office by calling 1-888-236-6167. Registration by the Secretary of State does not imply endorsement by the Secretary of State."

MISSOURI
Whenever a solicitation of funds on behalf of a charitable organization is undertaken by a professional fund-raiser, the professional fund-raiser must disclose that fact to prospective contributors.

All charitable organizations required to submit an annual report must, upon request, disclose the percentage of the funds solicited which were spent on the costs of fund raising in the last twelvemonth period for which an annual report was filed. For purposes of this disclosure requirement, costs of fund raising includes all money directly expended on fund raising and that portion of all administrative expenses and salaries of the charitable organization attributable to fund-raising activities. Any person who markets or collects funds on behalf of a charitable organization must state on all literature soliciting such funds that a portion of the funds contributed are used for marketing expenses and paid to persons for marketing the charitable organization, if any such funds are so used.

NEW HAMPSHIRE
Prior to a professional solicitor orally requesting a contribution or contemporaneously with a written request for a contribution, the following must be clearly and conspicuously disclosed at the point of solicitation:

1. The name of the paid solicitor as on file with the attorney general and that the solicitation is being conducted by a paid solicitor.
2. If requested by the contributor, the fixed percentage of the gross revenue or the reasonable estimate, expressed as a percentage of the gross revenue.

Following an oral solicitation campaign, whether by telephone or otherwise, a written confirmation must be sent to each person who has contributed or pledged to contribute, within 5 days after that person has been solicited, which must include a clear and conspicuous disclosure of the information required above.

No representation may be made that any part of the contributions received will be given or donated to any other charitable trust unless such organization has consented in writing to the use of its name, prior to the solicitation. The written consent must be signed by any 2 authorized officers, directors, or trustees of the charitable trust.
The solicitor may not represent that tickets to events will be donated for use by another, unless the following requirements have been met:

1. The paid solicitor must have written commitments from charitable trusts stating that they will accept donated tickets and specifying the number of tickets they are willing to accept; and
2. No more contributions for donated tickets may be solicited than the number of ticket commitments received from charitable trusts.

NEW JERSEY
The following disclosure must be "conspicuously printed" on any printed solicitation, written confirmation receipt or written reminder of a contribution from an organization, independent paid fund raiser or solicitor:
INFORMATION FILED WITH THE ATTORNEY GENERAL CONCERNING THIS CHARITABLE SOLICITATION AND THE PERCENTAGE OF CONTRIBUTIONS RECEIVED BY THE CHARITY DURING THE LAST REPORTING PERIOD THAT WERE DEDICATED TO THE CHARITABLE PURPOSE MAY BE OBTAINED FROM THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY BY CALLING (973) 504-6215 AND IS AVAILABLE ON THE INTERNET AT www.njconsumeraffairs.gov/ocp.htm#charity. REGISTRATION WITH THE ATTORNEY GENERAL DOES NOT IMPLY ENDORSEMENT.”

The following acts and practices are unlawful as applied to the planning, conduct, or execution of any solicitation or charitable sales promotion:

1. To misrepresent the purpose or nature of the charitable institution or the purpose or beneficiary of a solicitation; to solicit contributions for a purpose other than the charitable purpose expressed in the statement of the charitable organization or expend contributions in a manner inconsistent with that purpose, or to fail to disclose any material fact. A misrepresentation may be accomplished by words or conduct;
2. To utilize a name, symbol or statement so closely related or similar to that used by another charitable organization and registered by that organization with the United States Patent and Trademark Office that its use would tend to confuse or mislead a solicited person or to solicit contributions in a manner or through representations that falsely imply or are likely to create the mistaken belief that the contributions are solicited by or on behalf of another charitable organization;
3. To utilize or exploit registration so as to lead any person to believe that registration constitutes or implies an endorsement or approval by the State;
4. To utilize information, statements or communications that, although literally true, are presented in a manner that has the capacity to mislead the average consumer; and
5. To represent that tickets to events will be donated by another, unless the following requirements have been met:

   a.     The fund raising counsel or independent paid fund raiser shall obtain commitments, in writing and notarized, from charitable organizations stating that they will accept donated tickets and specifying the number of tickets they are willing to accept and for which they are able to provide transportation; copies of such written commitments shall be filed with the Attorney General;
   b.     The independent paid fund raiser has taken measures to prevent solicitation of contributions for donated tickets in excess of the number of ticket commitments received from charitable organizations; and
   c.     The number of tickets sold will not be greater than the number of seats available at the facility for each event or performance.

NEW MEXICO
The professional fundraiser and the employees of the professional fundraiser must disclose the following in solicitations:

1. The name of the charitable organization; and
2. The fact that the solicitation is made by or through a professional fundraiser.

All charitable organizations subject to the Charitable Solicitations Act must disclose upon request the percentage of the funds solicited that are spent on the costs of fundraising. For purposes of this section, costs of fundraising include all money directly expended on fundraising and that portion of all administrative expenses and salaries of the charitable organization attributable to fundraising activities.

NEW YORK
Any solicitation, by any means, including oral and written solicitations, by or on behalf of a registered charitable organization, must include:

1. A statement that “Upon request, a copy of the latest annual report can be obtained from the organization at [address of charity] or from the Office of the Attorney General by writing to the Charities Bureau at 120 Broadway, New York, NY 10271.”
2. A clear description of the programs and activities for which it has requested contributions or must include therein a statement that, upon request, a person may obtain from the organization such a description.
3. If any charitable organization makes contributions to another organization which is not its affiliate, the solicitation must include a statement that such contributions have been made and that a list of all organizations which have received contributions during the past twelve months from the soliciting organization may be obtained from that organization provided, however, a United Way, federated fund or incorporated community appeal, by or through which a donation is merely transferred to a charity selected by the donor, need not include such donor selected organizations in the list. The term “affiliate” includes any chapter, branch, auxiliary, or other subordinate unit of any registered charitable organization, howsoever designated, whose policies, fund raising activities, and expenditures are supervised or controlled by such parent organization.

Any solicitation made by any means by a registered professional fund raiser or professional solicitor on behalf of a charitable organization must clearly and unambiguously disclose:

1. The name of the professional fund raiser as on file with the Attorney General and that the solicitation is being conducted by a professional fund raiser; and
2. The name of the individual professional solicitor as on file with the Attorney General and that the individual is receiving compensation for conducting the solicitation.

The written disclosure must be placed conspicuously in the materials with print no smaller than 10 point bold face type or, alternatively, no smaller than the size print used for the most number of words in the solicitation.

NORTH CAROLINA
Prior to orally requesting a contribution or along with a written request for a contribution, a solicitor must clearly disclose:

1. The name of the solicitor as on file with the Department;
2. If the individual acting on behalf of the solicitor identifies himself by name, the individual's legal name; and
3. That the caller is a paid solicitor.

In the case of a solicitation campaign conducted orally, whether by telephone or otherwise, any written confirmation, receipt, or reminder sent to any person who has contributed or has pledged to contribute, must include a clear disclosure of the information required above.

In addition to the disclosure information required above, any written confirmation, receipt, or reminder of contribution made pursuant to an oral solicitation and any written solicitation must conspicuously state in type of a minimum of nine points:

"Financial information about the solicitor and a copy of its license are available from the State Solicitation Licensing Branch at 1-888-830-4989. The license is not an endorsement by the State."

The statement must be made conspicuous by use of one or more of the following: underlining, a border, or bold type. When the solicitation materials consist of more than one piece, the statement must be displayed prominently in the solicitation materials, but not necessarily on every page.

If requested by the person being solicited, the solicitor must inform that person, in writing, within 14 days of the request, of:

1. The fixed percentage of the gross revenue or the reasonable estimate of the percentage of the gross revenue that the charitable organization or sponsor will receive as a benefit from the solicitation campaign; and
2. The percentage of the contribution which may be deducted as a charitable contribution under federal income tax laws.

A solicitor may not represent that tickets to any event will be donated for use by another person, unless:

1. The solicitor has the written commitments from persons stating that they will accept donated tickets and specifying the number of tickets they are willing to accept;
2. The written commitments are filed with the Department prior to any solicitation;
3. The contributions solicited for donated tickets may not be more than the amount representing the number of ticket commitments received from persons and filed with the Department; and At least seven days before the date of the event, the solicitor must give all donated tickets to each person that made the written commitment to accept them.

OHIO
Prior to verbally requesting a contribution, or contemporaneously with and accompanying a written request for a contribution, the following must be clearly and conspicuously disclosed at the point of solicitation:

1. The name of the professional solicitor as it is on file with the attorney general and a statement that the solicitation is being conducted by the person as a professional solicitor; and
2. The name and address of each charitable organization on behalf of which all or any part of the contribution collected will be used. If the charitable organization has not received from the Internal Revenue Service a determination letter that is currently in effect, stating that the organization is exempt from federal income taxation under section 501(a) and described in section 501(c)(3) of the Internal Revenue Code, the particular charitable purpose or purposes to be advanced with the funds raised must be disclosed.

If requested by the person being solicited, the professional solicitor must inform that person of the fixed percentage of the gross revenue or the reasonable estimate of the percentage of the gross revenue that the charitable organization will receive as a benefit from the solicitation campaign.
A professional solicitor may not represent:

1. That any part of the contributions received will be given or donated to any other charitable organization unless that charitable organization has given its written and signed consent; or
2. That tickets to any event will be donated for use by another person, unless the following requirements are complied with:

   a.     The professional solicitor must have the written commitments from persons stating that they will accept donated tickets and specifying the number of tickets they are willing to accept;
   b.     The written commitments are filed with the attorney general prior to any solicitation;
   c.     The contributions solicited for donated tickets may not be more than the amount representing the number of ticket commitments received from persons and filed with the attorney general; and
   d.     Not later than seven calendar days prior to the date of the event, the professional solicitor must give all donated tickets to each person that made the written commitment to accept them.
   Every charitable organization that directly solicits contributions in this state must make the following disclosures at the point of solicitation:

3. The name of the charitable organization and the city of the principal place of business of the charitable organization; and
4. If the charitable organization has not received a determination letter from the Internal Revenue Service that is currently in effect, stating that the organization is exempt from federal income taxation under section 501(a) and described in section 501(c)(3) of the Internal Revenue Code, the particular charitable purpose or purposes to be advanced with the funds raised.

OREGON
Any person soliciting as an agent of a professional fund raising firm, including a face-to-face or telephone solicitation, must disclose orally in the course of the solicitation but prior to asking for a commitment for a contribution from the solicitee, and in writing to any solicitee that makes a pledge to be delivered within 10 days of the date of the pledge that the solicitor is operating under the direction and control of a named professional fund raising firm.

All commercial fundraising solicitations must clearly and conspicuously disclose the identity of the commercial fundraising firm as follows:

1. If the solicitation was made orally, the disclosure must be made either orally in the course of the solicitation but prior to asking for a commitment for a contribution, or in writing to any solicitee that makes a pledge to be delivered within 10 days of the date of the pledge.
2. In the case of a solicitation by advertisement or mass distribution, including posters, leaflets, automatic dialing machines, publications and audio or video broadcasts, it must be disclosed in the body of the solicitation material that the product or service is marketed by a named commercial fund raising firm.

Every charitable organization that solicits in Oregon, and uses an Oregon address, including a return address, but does not maintain and staff an office at that address must disclose in writing immediately proximate to the address located in the state both (1) the address of the charitable organization’s actual headquarters and (2) the fact that the address is that of a mail drop box or located in a mail-handling facility. The following language may be used: “The headquarters of this organization is located at (insert the address of the non-Oregon headquarters). The Oregon address is that of a (insert either “mail drop box” or “mail-handling facility”) located in the state.”

PENNSYLVANIA
Prior to orally requesting a contribution or contemporaneously with a written request for a contribution, a professional solicitor must clearly and conspicuously disclose the following:

1. The name of the professional solicitor as on file with the department and that the solicitation is being conducted by a professional solicitor who is being paid for his services;
2. If the individual acting on behalf of the professional solicitor identifies himself by name, the individual's legal name; and
3. The legal name of the charitable organization as registered with the department and a description of how the contributions raised by the solicitation will be utilized for a charitable purpose or, if there is no charitable organization, a description as to how the contributions raised by the solicitation will be utilized for a charitable purpose.

The following must be reproduced verbatim and "conspicuously printed" in any solicitation materials, including any written confirmation, receipt, and reminder sent to any person who has orally contributed or has pledged to contribute: “The official registration and financial information of [legal name of charity] may be obtained from the Pennsylvania Department of State by calling toll-free, within Pennsylvania, 1-800-732-0999. Registration does not imply endorsement.”

RHODE ISLAND
Professional solicitors must clearly and conspicuously disclose, prior to orally request a contribution, or contemporaneously with a written request for a contribution:

1. The name of the professional solicitor and professional fund-raiser;
2. The fact that the solicitation is being conducted by a professional solicitor; and
3. If requested by the prospective donor, the percentage of contributions to be retained by the professional fund-raiser.

Any written solicitation used by or on behalf of any charitable organization must provide a description of the programs and activities for which it has expended or will expend contributions it receives from the solicitation or must include therein a statement that, upon written request to a specified person at the charitable organization, a person may obtain from the charitable organization a description. In addition, any written solicitation must state in clear and unambiguous language whether or not contributions are deductible for federal income tax purposes in accordance with applicable law. These requirements must be satisfied by written notice to the donor or prospective donor. This written notice requirement will be deemed satisfied if made once during the solicitation process, including at the time of confirmation of receipt of any contribution.

If any charitable organization solicits contributions for another organization, or states in a solicitation that it has made contributions to another organization, and that other organization is not its “affiliate” as defined in § 5-53.1-4 of the Rhode Island Solicitation by Charitable Organizations Act (SCOA), the written solicitation must include a statement that the contributions have been made, if applicable, and that a list of all organizations which have received contributions from the soliciting organization during the most recently completed fiscal year of the charitable organization for which information is required to be filed in accordance with § 5-53.1-2 of the SCOA may be obtained from that organization. A United Way, federated fund or incorporated community appeal, by or through which a donation is merely transferred to another organization selected by the donor, does not need to include the donor selected transferee organizations in the list. These requirements must be satisfied by a written notice to the donor or prospective donor. This written notice requirement will be deemed satisfied if made once during the solicitation process, including at the time of confirmation of receipt of any contribution.

SOUTH CAROLINA
At the initial time of solicitation, a professional solicitor must disclose:

1. Its status as a "professional" or "paid" solicitor;
2. The registered true name of the professional fundraising organization for which it works; and
3. The registered true name, location, and purpose of the charitable organizations for which it is soliciting.

Upon oral or written request of the solicited party, a professional solicitor must:

1. Disclose the percentage of gross receipts with which the professional solicitor is compensated including the amount the professional solicitor must be reimbursed as payment for fundraising costs;
2. Deliver to the solicited party within fifteen business days of the request:

   a.     A copy of the financial statement of the charitable organization disclosing assets, liabilities, fund balances, revenue, and expenses for the preceding fiscal year. This financial statement must be the most recently submitted annual financial report; and
   b.     A copy of the professional solicitor's or charitable organization's current registration certification from the Secretary of State.

SOUTH DAKOTA
A paid solicitor may not represent:

1. That any part of the contributions received will be given or donated to any charitable organization unless such organization has consented in writing to the use of its name, prior to the solicitation. Such written consent must be signed by two authorized officers, directors or trustees of the charitable organization; or
2. That tickets to an event are to be donated for use by another, unless the paid solicitor has first obtained a commitment, in writing, from a charitable organization stating that it will accept donated tickets and specifying the number of tickets which it is willing to accept and provided no more contributions for donated tickets may be solicited than the number of ticket commitments received from the charitable organization.

It is a Class 1 misdemeanor for:

1. Any person to knowingly misrepresent the purpose or beneficiary of a solicitation;
2. Any person to knowingly misrepresent the purpose or nature of a charitable organization;
3. Any person to use or exploit the fact of registration so as to lead the public to believe that such registration constitutes an endorsement or approval by the state;
4. Any person to knowingly misrepresent that any other person sponsors or endorses a solicitation;
5. Any person to use the name of a charitable organization, or to display any emblem, device or printed matter belonging to or associated with a charitable organization without the express written permission of the charitable organization;
6. Any charitable organization to use the name which is the same as or confusingly similar to the name of another charitable organization unless the latter organization consents in writing to its use;
7. Any person to knowingly make any false or misleading statement on any document; or
8. Any charitable organization to use the services of an unregistered paid solicitor.

TENNESSEE
A professional solicitor must, prior to orally requesting a contribution, and in any written confirmation of any resulting pledge, clearly and conspicuously disclose at the point of solicitation such solicitor's name as on file with the secretary of state, the name of any company or corporation for which such solicitor is an agent or employee and that such person or group is a "professional solicitor," who will receive as costs, expenses and fees a portion of the solicited funds raised through the solicitation campaign. If a written solicitation is utilized, then the required disclosure must be in black bold face type of a minimum size of twelve (12) points.

A professional solicitor or such professional solicitor's agent, servant or employee must disclose upon request by the solicitee the percentage of gross contributions raised by the professional solicitor which must be received by the charitable organization after solicitation expenses, if known, or otherwise disclose the guaranteed minimum contract amount, which the charitable organization must receive as a result of the solicitation campaign.

No charitable organization may make any of the following representations in connection with the solicitation of charitable contributions:

1. Use or exploit the fact of registration so as to lead the public to believe that such registration in any manner constitutes an endorsement or approval by the state, but the use of the following statement will not be deemed a prohibited exploitation: "Registered with the Tennessee Secretary of State as required by law. Registration No. __________."
2. In connection with the solicitation of contributions or the sale of goods or services for charitable purposes, represent to or lead anyone by any manner, means, practice or device whatsoever, to believe that any other person sponsors or endorses such solicitation of contributions, sale of goods or services for charitable purposes or approves of such charitable purposes, or a charitable organization connected therewith, when such person has not given written consent to the use of such person's name for these purposes; any member of the board of directors or trustees of a charitable organization or any other person who has agreed either to serve or to participate in any voluntary capacity in the campaign will be deemed thereby to have given such member's consent to the use of such member's name in the campaign.
3. Misrepresent that such person is soliciting contributions for or on behalf of a charitable organization or shall use or display any emblem, device or printed matter belonging to or associated with a charitable organization for the purpose of soliciting or inducing contributions from the public without first being authorized to do so by the charitable organization.

VERMONT
No paid fundraiser shall solicit a contribution from any person in this state without clearly and conspicuously disclosing to the person, both orally, if the paid fundraiser is soliciting in whole or in part by telephone, and in writing, if the paid fundraiser is soliciting in whole or in part by means of writing:

1. That the solicitor is being paid by the charitable organization on whose behalf the solicitation is being made; and
2. How the potential contributor may obtain information from the state on the respective percentages of contributions that will be paid to the charitable organization and to the paid fundraiser.

No paid fundraiser may make the following representations in connection with a charitable solicitation:

1. Misrepresent, directly or indirectly, his or her relationship to a charitable organization;
2. Misrepresent, directly or indirectly, to a contributor or potential contributor any fact relating to the solicitation, including, but not limited to, the percentage of the contribution that will be paid over to the charitable organization or the purpose for which the contribution will be used; or
3. Represent, directly or indirectly, that any part of the contributions received will be given or donated to any charitable organization unless the organization has previously consented in writing to the use of its name.

VIRGINIA
Every professional solicitor who solicits contributions from a prospective contributor in this Commonwealth shall disclose the following:

1. Identify himself and his employer;
2. Disclose that he is a paid solicitor; and
3. Disclose, in writing, the fact that a financial statement for the last fiscal year is available from the State Office of Consumer Affairs, P.O. Box 1163, Richmond, VA 23218.

WASHINGTON
A commercial fund raiser must clearly and conspicuously disclose at the point of solicitation:

1. The name of the individual making the solicitation;
2. The name of the entity for which the fund raiser is an agent or employee and the name and city of the charitable organization for which the solicitation is being conducted; and
3. If requested by the solicitee, the published number in the office of the Secretary of State for the donor to obtain additional financial disclosure information, 1-800-332-4483. The disclosure must be made during an oral solicitation of a contribution, and at the same time at which a written request for a contribution is made.

If the organization solicits charitable contributions by telephone, the above disclosures must be made in the course of the solicitation, but prior to asking for a commitment for a contribution from the solicitee, and in writing to any solicitee that makes a pledge within five working days of making the pledge. If the person or organization sends any materials to the person or organization solicited before the receipt of any contribution, those materials must include the disclosures.

In the case of a solicitation by advertisement or mass distribution, including posters, leaflets, automatic dialing machines, publication, and audio or video broadcasts, it must be clearly and conspicuously disclosed in the body of the solicitation material that:

1. The solicitation is conducted by a named commercial fund raiser, if it is;
2. The notice of solicitation required by the charitable solicitation act is on file with the Secretary of State's office; and
3. The potential donor can obtain additional financial disclosure information at a published number in the office of the secretary.

A commercial fund raiser may not represent that tickets to any fund raising event will be donated for use by another person unless all the following requirements are met:

1. The commercial fund raiser prior to conducting a solicitation has written commitments from persons stating that they will accept donated tickets and specifying the number of tickets they will accept;
2. The written commitments are kept on file by the commercial fund raiser for three years and are made available to the secretary, attorney general, or county prosecutor on demand;
3. The contributions solicited for donated tickets may not be more than the amount representing the number of ticket commitments received from persons and kept on file; and
4. Not later than seven calendar days prior to the date of the event for which ticket donations are solicited, the commercial fund raiser must give all donated tickets to the persons who made the written commitments to accept them.

No charitable organization or commercial fund raiser subject to this chapter may use or exploit the fact of registration under this chapter so as to lead the public to believe that registration constitutes an endorsement or approval by the state, but the use of the following is not deemed prohibited: "Currently registered with the Washington state secretary of state as required by law. Registration number.... "

WEST VIRGINIA
All registered charitable organizations and their professional fund raisers and solicitors are required to disclose in writing:

1. The name of a representative of the charitable organization to whom inquiries can be made;
2. The name of the charitable organization;
3. The purpose of the solicitation;
4. A clear description of programs for which funds are requested and the source from which written information is available;
5. Upon request of the person solicited, the estimated percentage of the money collected which will be applied to the cost of solicitation and administration or how much of the money collected will be applied directly for the charitable purpose; and
6. The number of the raffle, bingo or other such state permit used for fund raising.

The following printed statement is also required: “West Virginia residents may obtain a summary of the registration and financial documents from the Secretary of State, State Capitol, Charleston, WV 25305. Registration does not imply endorsement.”

The statute states that the disclosure statement must be conspicuously displayed on any written or printed solicitation, and where the solicitation consists of more than one piece, the statement must be displayed on a prominent part of the solicitation materials.

WISCONSIN
If a professional or unpaid solicitor solicits a contribution for a charitable organization that is required to be registered, the professional fund-raiser or unpaid solicitor must make the following disclosures prior to accepting a contribution:

1. The name and location of the charitable organization;
2. That a financial statement of the charitable organization disclosing assets, liabilities, fund balances, revenue and expenses for the preceding fiscal year will be provided to the person upon request; and
3. A clear description of the primary charitable purpose for which the solicitation is made.

If a solicitation is made orally, the professional fund-raiser must send a written confirmation, within 5 days after the solicitation, to each person contributing or pledging to contribute. The written confirmation must include a clear and conspicuous disclosure of the name of the professional fund-raiser and that the solicitation is being conducted by a professional fund-raiser.
The professional fund-raiser may not represent:

1. That any part of the contributions received by the professional fund-raiser will be given or donated to a charitable organization unless that charitable organization has, prior to the solicitation, consented in writing, signed by 2 authorized officers, directors or trustees of that other charitable organization, to the use of its name; or
2. That tickets to an event will be donated to an organization for use by others unless:

   a.     The professional fund-raiser has a commitment, in writing, from the organization stating that the organization will accept donated tickets and specifying the number of donated tickets that the organization is willing to accept; and
   b.     The professional fund-raiser solicits contributions for donated tickets from no more contributors than the number of tickets that the organization has agreed to accept.