Nonprofit Fundraising Registration & Compliance

SOLICITATION 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.

Please note that some states mandate disclosure of the percentage of funds raised that will be paid to the fundraiser, and/or the percentage of funds that will be retained by the charity.  Such disclosures constitute unconstitutional restrictions of First Amendment rights, as explained in the Supreme Court case Riley v. National Federation of the Blind of North Carolina, Inc., 487 U.S. 781 (1988) (holding that a statutory provision which mandated fundraisers to disclose to potential donors, at the point of solicitation, the amount of proceeds turned over to a charity was unconstitutional, as a content-based regulation of protected speech that was unduly burdensome and not narrowly tailored).  However, if a prospective donor requests information about the fundraiser’s compensation or the amount that the charity will retain, the fundraiser must answer the question truthfully.  Disclosures that are unconstitutional according to Riley but remain in state statutes are included in this summary and marked with an asterisk (*).

Here is an example of a Model Fundraising Disclosure Statement for Professional Fundraisers which encompasses all the required disclosures and can be customized for the organization.

This document summarizes disclosure requirements for standard telemarketing solicitation activities.  Rules for special types of solicitation activities are not included in this summary.

The information provided in this document does not constitute legal advice, and is not intended to substitute for legal counsel.

ALABAMA – Ala. Code 1975 § 13A-9-71(p)
Every individual in the process of soliciting funds shall identify himself or herself.  If the individual is being paid for soliciting, he or she shall so inform the solicitee of his or her being so paid. This information shall be disclosed to the solicitee in a clear manner before attempting any solicitations.

Professional fund raisers soliciting contributions may not use a name, symbol, or statement so closely related or similar to that used by another charitable organization or governmental agency that the use thereof would tend to confuse or mislead the public.

ALASKA – AS § 45.68.030; AS § 45.68.040
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.

During a solicitation for a charitable organization, a person may not:
(1) Represent or imply that a contribution is for or on behalf of a person, or use an emblem, device, or printed matter belonging to or associated with the person without first being authorized in writing by the person;
(2) Use a name, symbol, or statement so closely related or similar to a name, symbol, or statement used by another charitable organization that the use may confuse or mislead a person solicited for a contribution;
(3) Use or exploit the fact of registration under this chapter to suggest or imply that the registration constitutes an endorsement or approval by the state; or
(4) Represent directly or by implication that a charitable organization will receive from the contributions raised by a paid solicitor a greater percentage of a contribution than allowed under the contract executed.

ARIZONA
No disclosure requirements for professional fundraisers.

ARKANSAS – A.C.A. § 4-28-409; A.C.A. § 4-28-412
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 must truthfully and accurately disclose 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.”

A solicitor may not:
(1) Knowingly 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;
(2) Knowingly misrepresent that any other person sponsors or endorses a solicitation;
(3) Knowingly either use the name of a charitable organization or display any emblem, device, or printed matter belonging to or associated with a charitable organization without the express written permission of the charitable organization;
(4) Knowingly use a name that is the same as or confusingly similar to the name of another charitable organization unless the latter organization consents in writing to its use; or
(5) Represent itself as being associated with another charitable organization without the express written acknowledgment and endorsement of the other charitable organization.

CALIFORNIA – West’s Ann.Cal.Bus. & Prof.Code § 17510.3;West’s Ann.Cal.Bus. & Prof.Code § 17510.4; West’s Ann.Cal.Bus. & Prof.Code § 17510.5
Prior to any solicitation or sales solicitation for charitable purposes, the solicitor or seller shall exhibit to the prospective donor or purchaser a card entitled “Solicitation or Sale for Charitable Purposes Card.” The card shall 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 shall 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.

The solicitor must distribute during the course of the solicitation printed material, such as a solicitation brochure, which must comply with the standards set forth below, and the solicitor must inform the prospective donor that the information as required below is contained in the printed material.

Information on the 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 organization making the solicitation represents any nongovernmental organization by any name which includes, but is not limited to, the term “officer,” “peace officer,” “police,” “law enforcement,” “reserve officer,” “deputy,” “California Highway Patrol,” “Highway Patrol,” “deputy sheriff,” “firefighter,” or “fire marshall,” which would reasonably be understood to imply that the organization is composed of law enforcement or firefighting personnel, the solicitor shall give the total number of members in the organization and the number of members working or living within the county where the solicitation is being made, and if the solicitation is for advertising, the statewide circulation of the publication in which the solicited ad will appear.

If the organization making the solicitation represents any nongovernmental organization by any name which includes, but is not limited to, the term “veteran” or “veterans,” which would reasonably be understood to imply that the organization is composed of veterans, the solicitor shall give the total number of members in the organization and the number of members working or living within the county where the solicitation is being made. This paragraph does not apply to federally chartered or state incorporated veterans’ organizations with 200 or more dues paying members or to a thrift store operated or controlled by a federally chartered or state-incorporated veterans’ organization. This paragraph does not apply to any state incorporated community-based organization that provides direct services to veterans and their families and qualifies as a tax-exempt organization under Section 501(c)(3) or 501(c)(19) of the Internal Revenue Code and Section 23701d of the Revenue and Taxation Code.

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 the above-required 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.

Any individual, corporation, or other legal entity who for compensation solicits funds or other property in this state for charitable purposes shall disclose prior to an oral solicitation or sales solicitation made by direct personal contact, radio, television, telephone, or over the Internet, or at the same time as a written solicitation or sales solicitation:
(a) That the solicitation or sales solicitation is being conducted by a commercial fundraiser for charitable purposes, and
(b) The name of the commercial fundraiser for charitable purposes as registered with the Attorney General.

COLORADO – C.R.S.A. § 6-16-105; C.R.S.A. § 6-16-105.3; C.R.S.A. § 6-16-105.5; C.R.S.A. § 6-16-111
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 website address for obtaining such documents from the secretary of state.

A paid solicitor who makes an oral solicitation by telephone must disclose the following as part of the telephone solicitation: The full legal name, address, telephone number, and registration number of the employer of the individual paid solicitor who directly communicated with the contributor;
(1) 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;
(2) 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.”;
(3) 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;
(4) 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;
(5) The amount of any expected monetary contribution;
(6) 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

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.

A solicitor may not:
(1) Represent or cause another to represent that contributions are tax-deductible unless they so qualify under the federal Internal Revenue Code;
(2) Represent or cause another to represent that a contribution to a charitable organization will be used for a purpose other than the purpose for which the charitable organization actually intends to use such contribution;
(3) Represent or cause another to represent that a greater portion of the contribution will go to a charitable organization than the actual portion that will go to such organization;
(4) Represent or cause another to represent that the solicitor is located in a geographic area that is different from the geographic area in which the solicitor is actually located;
(5) Represent or cause another to represent that the solicitor has a sponsorship, approval, status, affiliation, or connection with an organization or purpose that the solicitor does not actually have;
(6) Represent or cause another to represent that the person to whom a solicitation is made is under an obligation to make a contribution;
(7) Represent or cause another to represent that failure to make a contribution will adversely affect the person’s credit rating;
(8) Represent or cause another to represent that the person has previously approved or agreed to make a contribution when in fact the person has not given such approval or agreement; or
(9) Represent or cause another to represent that the person has previously contributed to the same organization or for the same purpose when in fact the person has not so contributed.

CONNECTICUT – C.G.S.A. § 21a-190f
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:
(1) His name as on file with the Department of Consumer Protection, and the fact that he is a paid solicitor
(2) The gross revenue which the charitable organization shall receive.

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.

DELAWARE – 6 Del.C. § 2595
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) Represent 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 the name of any charitable/fraternal organization without the written consent of the charitable/fraternal organization; or
(7) Use 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.

DISTRICT OF COLUMBIA
No disclosure requirements for professional fundraisers.

FLORIDA – West’s F.S.A. § 496.411; West’s F.S.A. § 496.412
Prior to orally requesting a contribution, or contemporaneously with a written request for a contribution, a professional solicitor 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 and a description of how the contributions raised by the solicitation will be used for a charitable purpose; or, if there is no charitable organization, a description as to how the contributions raised by the solicitation will be used for a charitable 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 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.

*Each charitable organization that is required to register must conspicuously display the following information on every printed solicitation, written confirmation, receipt, or reminder of a contribution:
(1) The organization’s or sponsor’s registration number issued by the department under this chapter.
(2) The percentage, if any, of each contribution that is retained by any professional solicitor that has contracted with the organization or sponsor.
(3) The percentage of each contribution that is received by the organization or sponsor.

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.

A charitable organization or sponsor soliciting in this state must include all of the following disclosures at the point of solicitation:
(1) The name of the charitable organization or sponsor and state of the principal place of business of the charitable organization or sponsor;
(2) A description of the purpose or purposes for which the solicitation is being made;

For every charitable organization or sponsor which is required to register in this state, the following verbatim disclosure must 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 TOLL-FREE, WITHIN THE STATE, 1-800-HELP-FLA OR VIA THE INTERNET AT WWW.800HELPFLA.COM.  REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE.”

The disclosure statement must also include the charity’s registration number. When the solicitation consists of more than one piece, “the statement must be displayed prominently” in the materials.  If the solicitation occurs on a website, the statement must be conspicuously displayed on any webpage that identifies a mailing address where contributions are to be sent, identifies a telephone number to call to process contributions, or provides for online processing of contributions.

GEORGIA – Ga. Code Ann. § 43-17-8; Ga. Code Ann. § 43-17-8.1
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;

That the following information will be made available upon request:
(1) 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
(2) A financial statement or summary which shall be consistent with the financial statement required to be filed with the Secretary of State; and
(3) That the solicitation is being made by a paid person on behalf of the charitable organization and not by a volunteer.
(4) That the contract disclosing the financial arrangements between the paid solicitor and the charity is on file with and available from the Secretary of State.

If the solicitor runs a collection receptacle that is owned or operated entirely or in part by any entity other than a charitable organization exempt from or by a religious organization, then the following shall apply:
(1) In the case where any of the items collected are to be sold and none of the proceeds of such sale are to be paid over or otherwise given to a charitable organization exempt from taxation pursuant or to a religious organization, it shall be unlawful for any person to collect donations of goods or tangible items in such collection receptacle unless the collection receptacle displays the following statement: “DONATIONS ARE NOT FOR THE BENEFIT OF ANY CHARITABLE OR RELIGIOUS ORGANIZATION.” The name, address, website, if any, and telephone number of the operator of the collection receptacle shall also be provided; and
(2) In the case where any of the items collected are to be sold and some or all of the proceeds from such sale are to be paid over or otherwise given to one or more charitable organizations exempt from taxation pursuant to or to a religious organization, it shall be unlawful for any person to collect donations of goods or tangible items in a collection receptacle unless the collection receptacle displays the following statement: “THIS COLLECTION BOX IS OPERATED BY [NAME OF OPERATOR]. THE ITEMS DEPOSITED IN THIS BOX WILL BE SOLD, AND A PORTION OF THE PROCEEDS WILL BE PAID TO [NAME OF CHARITABLE ORGANIZATION OR RELIGIOUS ORGANIZATION]. FURTHER INFORMATION ABOUT THESE PAYMENTS CAN BE OBTAINED FROM [NAME OF OPERATOR] AT [ADDRESS, WEBSITE, IF ANY, AND TELEPHONE NUMBER OF THE OPERATOR] AND [ADDRESS, WEBSITE, IF ANY, AND TELEPHONE NUMBER OF THE CHARITABLE ORGANIZATION OR RELIGIOUS ORGANIZATION]. IN ADDITION, FURTHER INFORMATION ABOUT THE CHARITABLE ORGANIZATION MAY BE OBTAINED FROM THE SECRETARY OF STATE.”

The statements and all information required by paragraphs (1) and (2) above shall be prominently displayed in boldface letters at least two inches high located on the front of the collection receptacle and directly underneath the deposit door.

A professional solicitor may not do any of the following:
(1) Utilize any representation that implies the contribution is for or on behalf of a charitable organization or to utilize any emblem, device, or printed matter belonging to or associated with a charitable organization, without first being authorized in writing to do so by the charitable organization;
(2) Utilize a name, symbol, or statement so closely related or similar to that used by another charitable organization that the use thereof would tend to confuse or mislead a solicited person;
(3) Misrepresent to or mislead anyone in any manner to believe that any other person sponsors, endorses, or approves such solicitation or charitable sales promotion when such other person has not given consent in writing to the use of his or her name for these purposes;
(4) Utilize or exploit the fact of registration so as to lead any person to believe that such registration in any manner constitutes an endorsement or approval by the state;
(5) Represent directly or by implication that a charitable organization will receive a fixed or estimated percentage of the gross revenue from a solicitation campaign greater than that identified in filings with the Secretary of State pursuant to this chapter;
(6) Represent that any part of the contributions received will be given or donated to any other charitable organization unless such organization has consented in writing to the use of its name prior to the solicitation.

HAWAII – HRS § 467B-1.5; HRS § 467B-9
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.

Every professional solicitor, and every employee or agent thereof, who solicits contributions from a prospective donor or contributor in this State shall at the outset of any oral or written request for a contribution:
(1) Identify themselves by their true surname and first name, and the name of their employer or the contractor as the case may be, that is compensating the individual making the solicitation;
(2) Identify the name of the professional solicitor registered with the department of the attorney general that has contracted with the charitable organization to provide the solicitation services and, if the individual is employed by a subcontractor, the name of the registered subcontractor;
(3) Disclose that the person making the oral or written request for a donation is being paid to make such solicitation and the name of the charitable organization on whose behalf the person making the request is soliciting; and
(4) Disclose, orally and in writing, the fact that a copy of the professional solicitor’s registration data and financial reports are available from the department of the attorney general.

A professional solicitor may not:
(1) Use the name of any other person except that of an officer, director, or trustee of the charitable organization by or for which contributions are solicited, without the written consent of the other persons.
(2) Use or exploit the fact of filing any statement, report, or professional solicitor contracts or other documents or information required to be filed under this chapter or with the department so as to lead the public to believe that the filing in any manner constitutes an endorsement or approval by the State of the purposes or goals for the solicitation by the charitable organization or professional solicitor;
(3) Represent that funds collected will be used for a particular charitable purpose, or particular charitable purposes, if the funds solicited are not used for the represented purposes.

IDAHO – Idaho Code § 48-1202; Idaho Code § 48-1203

It is unlawful for any person or charitable organization to use a container in a public place to solicit contributions by offering a product for sale knowing the container does not have a disclosure label affixed to it.

A “Disclosure label” means a printed or typed notice that is legible and easy to read and is affixed to a container in a conspicuous place on containers accessible to the public. Disclosure labels shall inform the public of the following:
a. The approximate annual percentage paid, if any, to any individual, person or charitable organization to maintain, service or collect the contributions raised by the solicitation;
b. The net percentage or sum paid to the specific charitable purpose in the most recent calendar year;
c. If the maintenance, service, and collection from the container is performed by volunteers or paid individuals.

ILLINOIS – 225 ILCS 460/17; 225 ILCS 460/11
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.

A professional solicitor may not use the name of any other person, except that of an officer, director or trustee of the charitable organization by or for which contributions are solicited, without the written consent of such other persons.

INDIANA – IC 23-7-8-6; IC 23-7-8-2; IC 23-7-8-7
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.
At the beginning of each solicitation call, the professional solicitor must state all of the following:
(1) The name of the company for whom the professional fundraiser consultant or professional solicitor is calling.
(2) The name of the professional solicitor.
(3) The phone number and address of the location from which the professional fundraiser consultant or professional solicitor is making the telephone call.
(4) The percentage of the charitable contribution that will be expended for charitable purposes after administrative costs and the costs of making the solicitation have been satisfied.

A solicitor may not:
(1) Use the fact of registration as an endorsement by the state;
(2) Misrepresent that the person is an officer or employee of a public safety agency;
(3) Use the name “police”, “law enforcement”, “trooper”, “ rescue squad”, “firemen”, or “firefighter” unless a bona fide police, law enforcement, rescue squad, or fire department authorizes its use in writing;
(4) Misrepresent to anyone that another person endorses the solicitation unless that person has consented in writing to the use of the person’s name for the purpose of endorsing the solicitation; or
(5) Misrepresent to anyone that the contribution is solicited on behalf of anyone other than the charitable organization that authorized the solicitation.

IOWA – I.C.A. §§ 13C.2 and 13C.3
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 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 – K.S.A. 17-1766; K.S.A. 17-1769
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.

A professional solicitor may not:
(1) Utilize any representation that implies the contribution is for or on behalf of a charitable   organization or utilize any emblem, device or printed matter belonging to or associated with a charitable organization, without obtaining authorization in writing from the charitable organization;
(2) Utilize a name, symbol or statement so closely related or similar to that used by another charitable organization that the use thereof would tend to confuse or mislead a solicited person, whether or not any person has in fact been misled;
(3) Misrepresent or mislead any person in any matter, to believe that any other person or governmental unit sponsors, endorses or approves such solicitation or charitable purpose when such other person has not given consent in writing to the use of such person’s name for these purposes; or
(4) Utilize or exploit the fact of registrations so as to lead any person to believe that such registration in any manner constitutes an endorsement or approval by the state.

KENTUCKY – KRS § 367.668; KRS § 367.667
(1) The professional solicitor’s name and phone number or e-mail address 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 the professional solicitor represents and a description of how the contributions raised by the solicitation will be used for a charitable or civic purpose.

If the professional solicitor places or maintains a receptacle in public view for the purpose of collecting contributions in the form of clothing, household items, and other items, the receptacle shall contain a sign or label that:
(1) Includes the information contained in paragraphs 1. and 2. of this subsection;
(2) Includes a statement that reads as follows: “Items donated here support, in part, a for-profit professional solicitor.”;
(3) Is in lettering not less than two (2) inches in height and one-half (½) inch in width; and
(4) Is placed immediately below the opening in the receptacle used to deposit donations.
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.

A professional solicitor may not:
(1) Represent or lead anyone in any manner to believe that a solicitation is for or on behalf of a charitable organization; or utilizing any emblem, device, or printed matter belonging to or associated with a charitable organization; or otherwise representing that any part of the contributions received will be donated to a charitable organization without first being authorized in writing to do so by the charitable organization;
(2) Utilize a name, symbol, or statement so closely related or similar to that used by another charitable organization, public official, or public agency that its use would tend to confuse or mislead a solicited person; or
(3) Represent when soliciting funds that a charity will be the recipient of the funds when the professional solicitor or his employer pursuant to a contract is allowed to or will receive more than fifty percent (50%) of the gross receipts of the funds solicited as his compensation. It shall be a defense in any action brought to enforce this subsection for the professional solicitor to show that he disclosed in a clear and conspicuous manner to the prospective donor the percentage of the funds which he was allowed by contract to receive.

LOUISIANA –  LSA-R.S. 51:1904.1; LSA-R.S. 51:1905
A professional solicitor, in connection with any charitable solicitation must provide all of the following information prior to an oral charitable solicitation or at the same time a written charitable solicitation is made:
(1) A clear and conspicuous statement that the solicitation is being performed by a for-profit fundraising firm;
(2) The identity of the for-profit fundraising firm; and
(3) The specific charitable purpose for which the charitable solicitation is being conducted.

If requested by the consumer, a professional solicitor must disclose:
(1)  The percentage of funds solicited which are designated for the charitable organization;
(2) The percentage of funds solicited which are designated for the for-profit fundraising firm; and
(3) The percentage of funds to the charitable organization that are used for a charitable purpose.

Any sanctioned benevolent organization may, in its solicitation, include the information that it is the sanctioned benevolent organization of its sponsoring law enforcement entity. Any benevolent organization not so sanctioned must disclose at the outset of its solicitation, in addition to all other disclosures required under this Chapter, that it is not sanctioned by any law enforcement entity in the state of Louisiana.

Any person soliciting donations, contributions, or payments for goods or services to organizations which expressly or impliedly hold themselves out to be law enforcement organizations, publications of law enforcement organizations, or promoters of activities to benefit law enforcement organizations or law enforcement officers must disclose the following at the outset of the solicitation:
(1) The actual name of the caller and the city, town, or parish and state from which he is calling.
(2) The exact name and principal business address of the soliciting organization or publication.
(3) The total number of active or retired law enforcement personnel who are members of each beneficiary organization or subscribers, in the case of a publication, and the percentage of these who are Louisiana residents.
(4) In the case of a publication, the total number of copies of the most recently published issue individually addressed and mailed to law enforcement officers.
(5) In the case of a publication, no bill or invoice may be sent by the publication for the purchase of a subscription or advertising space unless the publication has received a signed order for each subscription or each advertising placement before the bill or invoice is sent.
Any person soliciting donations, contributions or payments for goods or services to organizations which expressly or impliedly hold themselves out to be fire fighting organizations, publications of fire fighting organizations, or promoters of activities to benefit fire fighting organizations or fire fighting officers must disclose the following at the outset of the solicitation:
(1) The actual name of the caller and the city, town, or parish and state from which he is calling.
(2) The exact name and principal business address of the soliciting organization or publication.
(3) The total number of active or retired fire fighting personnel who are members of each beneficiary organization or subscribers, in the case of a publication, and the percentage of these who are Louisiana residents.
(4) In the case of a publication, the total number of copies of the most recently published issue individually addressed and mailed to firefighting officers.

A professional solicitor may not make:
(1) False claims that an organization is composed of other named or unnamed charitable organizations;
(2) Unauthorized use of the names and implied endorsements of bona fide charitable organizations in the absence of written, notarized authorizations dated less than six months prior to the date the solicitation or sale is made;
(3) False claims concerning the number or membership characteristics of members within the charitable organization;
(4) False claims of the contributions made to other bona fide charitable organizations;
(5) False claims concerning the date, location, number of participants or attendees, or nature of staged charitable events;
(6) False claims concerning the number of employees or solicitors paid by an organization, the salaries and expenses paid to its staff, management or directors, or the percentage of administrative costs involved in any fundraising activity;
(7) Use of false or fictitious names or addresses for a charitable organization or use of false, fictitious names or aliases by any solicitor, employee, representative, agent, or management official.

MAINE – 9 M.R.S.A. § 5011-A; 9 M.R.S.A. § 5012(1)
A professional solicitor or person who a professional solicitor employs or engages, directly or indirectly, to solicit contributions must clearly and conspicuously disclose to the person, prior to the time the person makes or authorizes payment of a donation:
(1) The name and address of the professional solicitor;
(2) That the solicitor is being paid by the charitable organization on whose behalf the solicitation is being made; and
(3) 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.

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;
(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.

MARYLAND – MD Code, Business Regulation, § 6-101; MD Code, Business Regulation, § 6-411; COMAR 01.02.04.19
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.

Solicitations made by an accredited school, college, or university to its students, former students, parents of students or former students, board members, or staff, or formal grant applications prepared for and submitted to a specific corporation or foundation are specifically exempt from this disclosure requirement.

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.

A professional solicitor may not:
(1) Use a name, symbol, or statement so closely related to that used by a charitable organization or governmental agency that the use would tend to confuse or mislead the public;
(2) Use a name implying an activity in any field of law enforcement, public safety, fire fighting, or emergency services unless a majority of the members of the organization are actively engaged in that field;
(3) Use vague or misleading terms, including but not limited to, “disadvantaged”, “underprivileged”, “retarded”, “ blind”, “crippled children”, and “handicapped”, unless specific individuals, groups, organizations, or places are named in connection with these terms and the person obtains written authorization from the individual or a representative of the group or organization. A copy of the authorization shall be filed with the Secretary; or
(4) State or imply that goods are produced or sold by handicapped, retarded, blind, or other individuals unless the goods are in fact produced or sold by those individuals.
(5) Make any false or misleading oral or written statement or other representation which has the capacity, tendency, or effect of deceiving or misleading the person solicited.

MASSACHUSETTS – M.G.L.A. 68 § 23; M.G.L.A. 68 § 28
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;
(2) The statement that the solicitation is being conducted by a paid fund-raiser; and
(3)  The guaranteed minimum percentage of the gross receipts from fund-raising that will be utilized exclusively for the charitable purposes described in the solicitation; and
(4) The geographic distribution and the circulation of the publication in which the advertising will appear.

A professional solicitor may not:
(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 commonwealth; or
(2) Represent to or lead any one 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 other person has not given consent to the use of his name for these purposes. Any member of a 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 shall be deemed thereby to have given his consent to the use of his name in connection with the progress of such campaign.

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._____.”

MINNESOTA – M.S.A. § 309.556; M.S.A. § 309.55
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.

A professional solicitor may not:
(1) Use the name of any other person (except that of an officer, director or trustee of the charitable organization by or for which contributions are being solicited) in public solicitation literature without the written consent of such other person.
(2) Use a name, symbol or statement so closely related or similar to that used by another charitable organization or governmental agency that the use thereof would tend to confuse or mislead the public.
(3) Misrepresent registration as constituting an endorsement by the state of Minnesota of the charitable organizations so registered.

MISSISSIPPI – Miss. Code Ann. § 79-11-523
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.

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.”

Prior to orally requesting or contemporaneously with written requests for advertising to appear in a for-profit publication which relates to, purports to relate to or which could reasonably be construed to relate to any charitable purpose, the professional fund-raiser or fund-raising counsel shall be responsible for clearly and conspicuously disclosing:
a. That the publication is a for-profit, commercial enterprise;
b. The true name of the solicitor and the fact that the solicitor is being paid for his services; and
c. The publication is not directly affiliated or sponsored by any charitable organization.

Every container, as defined in Section 79-11-501, shall have a printed or typed notice affixed to the container, in a conspicuous place and accessible to the public, that is easily readable and legible that informs the public of the following:
a. The approximate annual percentage paid, if any, to any person to maintain, service or collect the contributions raised by the solicitation;
b. The net percentage or sum annually paid for the most recent calendar year paid to the specific charitable purpose; and
c. If the maintenance, service and collection from the container is done by volunteers or by paid individuals.

MISSOURI – V.A.M.S. 407.469
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 twelve-month 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.

MONTANA
No disclosure requirements for professional fundraisers.

NEBRASKA
No disclosure requirements for professional fundraisers.

NEVADA- NRS § 598.1305
A person representing that he or she is conducting a solicitation for or on behalf of a charitable organization or nonprofit corporation shall disclose:
(1) The full legal name of the charitable organization or nonprofit corporation as registered with the Secretary of State;
(2) The state or jurisdiction in which the charitable organization or nonprofit corporation was formed;
(3) The purpose of the charitable organization or nonprofit corporation; and
(4) That the contribution or donation may be tax deductible for federal income tax purposes or that the contribution or donation does not qualify for federal tax deduction.

Any solicitation that is made in writing for or on behalf of a charitable organization or nonprofit corporation, including, without limitation, an electronic communication, must contain the full legal name of the charitable organization or nonprofit corporation as registered with the Secretary of State pursuant and a disclaimer stating that the contribution or donation may be tax deductible for federal income tax purposes or that the contribution or donation does not qualify for federal tax deduction.

NEW HAMPSHIRE – N.H. Rev. Stat. § 7:28-c
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.

NEW JERSEY – N.J.S.A. 45:17A-38; N.J.S.A. 45:17A-32
Prior to soliciting any contribution either telephonically, electronically or in writing, an independent paid fundraiser or charitable organization, unless exempt from registration, shall clearly and conspicuously disclose the following both during the solicitation and in any written confirmation or receipt or written reminder sent after the solicitation:
(1) The name of the individual making the solicitation;
(2) Whether or not the individual making the solicitation is paid or is a volunteer;
(3) The name of the independent paid fundraiser employing the individual making the solicitation; and
(4) The name of the charitable organization which will receive the contribution.

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 http://www.state.nj.us/lps/ca/charfrm.htm.  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; and
(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.

NEW MEXICO – N. M. S. A. 1978, § 57-22-6.4; N. M. S. A. 1978, § 57-22-8
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 disclosure, 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.

A professional solicitor may not:
(1) Use the name or likeness of any person in solicitation literature without the express written consent of the person; provided that publication of previous contributors’ names to acknowledge their contributions shall not require their express written consent;
(2)  Use a name, symbol or statement that is so closely related or similar to that used by another charitable organization or governmental agency that the use would tend to confuse or mislead the public; or
(3) Misrepresent, confusing or misleading any person to reasonably believe incorrectly that the contributions being solicited are or will be used for purposes, persons or programs in the state; or

NEW YORK – McKinney’s Executive Law § 174-b
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.

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 – N.C.G.S.A. § 131F-9; N.C.G.S.A. § 131F-17
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.

A charitable organization soliciting in this State must include all of the following disclosures at the point of solicitation:
(1) The name of the charitable organization and state of the principal place of business of the charitable organization.
(2) A description of the purpose for which the solicitation is being made.

Every charitable organization that is required to obtain a license to solicit contributions must conspicuously display in type of a minimum size nine points, the following statement on every printed solicitation, written confirmation, receipt, or reminder of a contribution:
“Financial information about this organization and a copy of its license are available from the State Solicitation Licensing Branch at 1-888-830-4989 (within North Carolina) or (919) 807-2214 (outside of North Carolina). 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.

NORTH DAKOTA
No disclosure requirements for professional fundraisers.

OHIO – R.C. § 1716.08; R.C. § 1716.10
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.

Every charitable organization that directly solicits contributions in this state must make the following disclosures at the point of solicitation:
(1) The name of the charitable organization and the city of the principal place of business of the charitable organization;
(2) 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, and the particular charitable purpose or purposes to be advanced with the funds raised.

A professional solicitor may not represent 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.

OKLAHOMA – 18 Okl.St.Ann. § 552.9; 18 Okl.St.Ann. § 552.14a
When requesting a contribution, the professional solicitor shall clearly disclose or provide contact information for the following information, if requested by the person being solicited:
(1) The name of the professional fundraiser that employs or retains the professional solicitor, as set out in the registration statement filed with the Secretary of State, and the fact that the professional fundraiser is being paid for his or her services;
(2) The name of the charitable organization the person represents and a description of how the contributions raised by the solicitation will be used; and
(3) The percentage of the contributions solicited that the professional fundraiser is to receive and the registration number of the professional fundraiser, the charitable organization and the professional solicitor, as requested.

A professional solicitor may not:
(1) Use the name of a person when soliciting contributions or in an advertisement, brochure,   stationery or correspondence, without the consent or approval of such person, other than an officer, director or trustee of the charitable organization by or for which contributions are solicited. This does not apply to the use of the name of a person that has contributed to or sponsored an event or program of the charitable organization in a report, brochure, program or listing of donors, contributors, sponsors, or supporters issued or published by a charitable organization. This does not apply to the use of a public figure’s name and/or likeness truthfully and in good faith, so long as such use does not
(2) Knowingly use, in connection with solicitation of contributions for the purpose of deceiving  the public, a name similar to other charitable organizations, professional fundraiser, professional solicitor or government agency or political subdivision.

OREGON – O.R.S. § 128.809; O.R.S. § 128.891(2); O.R.S. § 128.893
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 (i.e., solicitations for the benefit of charities through the sale of goods or services) 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.
  3. The amount of the funds solicited to be paid to the nonprofit beneficiary.

Any written statement made in connection with a solicitation of contributions that the person or organization conducting the solicitation is registered or has filed, will file or is required to file any report with the Attorney General, or any statement of similar import, shall be immediately followed by a statement of equal prominence that such registration or report in no way constitutes or implies any endorsement, sanction or approval of the solicitation, its purposes, the manner in which it is conducted or the person or organization conducting it, by the Attorney General or any other governmental agency or officer.

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.”

A professional solicitor may not use the fact or requirement of registration, or any filing of any report pursuant to the Charitable Solicitations Act with the intent to cause or in a manner tending to cause any person to believe that such solicitation, the manner in which it is conducted, its purposes, any use to which the proceeds will be applied, or the person or organization conducting it have been or will be in any way indorsed, sanctioned or approved by the Attorney General or any other governmental agency or office.

PENNSYLVANIA – 10 P.S. § 162.9; 10 P.S. § 162.15
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 of State 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.”

A charitable organization soliciting in Pennsylvania shall include all of the following disclosures at the point of solicitation:

  1. Its legal name as registered with the department and location and, if different, the legal name and address of the charitable organization as registered with the department on whose behalf the solicitation is being conducted. Any use of a project or program name in a solicitation must be immediately followed by a disclosure of the legal name of the charitable organization as registered.
  2. A full and fair description of the charitable purpose or purposes for which the solicitation is being made, and a source from which written information is available.

The following acts and practices are prohibited in the planning, conduct or execution of any solicitation:

  1. Utilizing any representation that implies the contribution is for or on behalf of a charitable organization, or utilizing any emblem, device or printed matter belonging to or associated with a charitable organization without first being authorized in writing to do so by the charitable organization;
  2. Utilizing a name, symbol or statement so closely related or similar to that used by another charitable organization or other person that the use thereof would tend to confuse or mislead a solicited person;
  3.  Misrepresenting or misleading anyone in any manner to believe that any other person sponsors, endorses or approves such solicitation or charitable sales promotion when such other person has not given consent in writing to the use of his name for these purposes.
  4.  Misrepresenting or misleading anyone in any manner to believe that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or qualities that they do not have or that a person has a sponsorship, approval, status, affiliation or connection that he does not have;
  5. Utilizing or exploiting the fact of registration so as to lead any person to believe that such registration in any manner constitutes an endorsement or approval by the Commonwealth;
  6. Representing directly or by implication that a charitable organization will receive an amount greater than the actual net proceeds reasonably estimated to be retained by the charity for its use;
  7. Soliciting for advertising to appear in a for-profit publication which relates to, purports to relate to or which could reasonably be construed to relate to any charitable purpose without making the following disclosures at the time of solicitation:
    (A) The publication is a for-profit, commercial enterprise.
    (B) The true name of the solicitor and the fact that the solicitor is a professional solicitor.
    (C) The publication is not directly affiliated or sponsored by any charitable organization; and
  8. Representing that any part of the contributions received will be given or donated to any other charitable organization unless such organization has consented to the use of its name prior to the solicitation. The written consent shall be signed by any two authorized officers, directors or trustees of the charitable organization.

RHODE ISLAND – RI ST § 5-53.1-12; RI ST § 5-53.1-13
Professional solicitors must clearly and conspicuously disclose, prior to orally requesting 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 a statement that, upon written request to a specified person at the charitable organization, a person may obtain a description from the charitable organization. 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.

No person shall, for the purpose of soliciting contributions from persons in this state, use the name of any other person, as one who has sponsored or endorsed the charitable organization or its activities without the written consent of that other person.

SOUTH CAROLINA – SC ST § 33-56-90; SC ST § 33-56-120
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; and
  4. The guaranteed minimum percentage of gross receipts to be remitted or retained by the
    charitable organization excluding the amount which the charitable organization must pay for fundraising costs.

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; AND
  2. Deliver to the solicited party within fifteen business days of the request:
    1. 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
    2. A copy of the professional solicitor’s or charitable organization’s current registration certification from the Secretary of State.

A professional solicitor shall not use or exploit the fact of registration so as to lead the public to believe that the registration in any way constitutes an endorsement or approval by the State.

A person shall not represent to or mislead a person by any manner, means, practice, or device to believe that another person sponsors or endorses the solicitation of contributions, sale of goods or services for charitable purposes, or approves of the charitable purposes or a charitable organization connected with it when the other person has not given written consent to the use of his name for these purposes

SOUTH DAKOTA – SDCL § 37-30-17
There are no disclosure requirements for paid solicitors.

A paid solicitor may not represent 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.

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 – T. C. A. § 48-101-513
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.

TEXAS – V.T.C.A., Bus. & C. § 303.103
*If less than 90 percent of the contributions collected by a law enforcement-related charitable organization or commercial telephone solicitor are paid to a law enforcement-related charitable organization, the commercial telephone solicitor shall notify each person solicited by telephone, before accepting a contribution from the person, of:

  1. The percentage of the contributions that will be paid to the organization for which the contributions are being solicited; and
  2. The percentage of the contributions that the solicitor will retain.
    The disclosures above are also required to be included on any written statement mailed to the contributor.

UTAH
No disclosure requirements for professional fundraisers.

VERMONT – Vt. Admin. Code 3-2-117:CF 119
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.

The disclosures must appear in a free-standing paragraph in the same document in which the request for a contribution appears, and the text of the disclosures must be printed in regular (non-italicized, non-boldface) ten-point type, using New Times Roman, Arial or some other font of comparable legibility, with normal upper and lower-case letters and normal spacing between letters, words, and lines.

A paid fundraiser may not:

  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 – VA Code Ann. § 57-55.2; VA Code Ann. § 57-55.3
Every professional solicitor who solicits contributions from a prospective contributor in this Commonwealth shall:

  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.

Every charitable organization, required to be registered, soliciting contributions from prospective contributors, shall disclose to the potential donor contemporaneously at the point of a written request or on a written receipt for donations made in response to an oral request that a financial statement is available from the State Office of Consumer Affairs in the Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218.

 WASHINGTON  – West’s RCWA 19.09.100
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.

Each person or organization soliciting charitable contributions shall not represent orally or in writing that:

  1. The charitable contribution is tax deductible unless the charitable organization for which charitable contributions are being solicited or to which tickets for fund-raising events or other services or goods will be donated, has applied for and received from the internal revenue service a letter of determination granting tax deductible status to the charitable organization;
  2. The person soliciting the charitable contribution is a volunteer or words of similar meaning or effect that create the impression that the person soliciting is not a paid solicitor unless such person is unpaid for his or her services; or
  3. The person soliciting the charitable contribution is a member, staffer, helper, or employee of the charitable organization or words of similar meaning or effect that create the impression that the person soliciting is not a paid solicitor if the person soliciting is employed, contracted, or paid by a commercial fund-raiser.

If the charitable organization is associated with, or has a name that is similar to, any unit of government each person or organization soliciting contributions shall disclose to each person solicited whether the charitable organization is or is not part of any unit of government and the true nature of its relationship to the unit of government. This does not apply to a foundation or other charitable organization that is organized, operated, or controlled by or in connection with a registered public charity, including any governmental agency or unit, from which it derives its name.

No person may, in conducting any solicitation, use the name “police,” “sheriff,” “firefighter,” “firefighters,” or a similar name unless properly authorized by a bona fide police, sheriff, or firefighter organization or police, sheriff, or fire department. A proper authorization shall be in writing and signed by two authorized officials of the organization or department and shall be filed with the secretary.

A person may not, in conducting any solicitation, use the name of a federally chartered or nationally recognized military veterans’ service organization as determined by the United States veterans’ administration unless authorized in writing by the highest ranking official of that organization in this state.

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 – W. Va. Code, § 29-19-8; W. Va. Code, § 29-19-13
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 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.

No charitable organization, professional fund-raising counsel or professional solicitor subject to the provisions of this article may 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.

No person may, in connection with the solicitation of contributions for charitable purposes, misrepresent, mislead, or omit information concerning how the proceeds will be used. Proceeds gathered from any given solicitation must be used for the charitable purposes represented in the materials sent or the presentation given by the solicitor.

No person may 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 of a charitable organization connected therewith when such other person has not given consent to the use of his or her name for these purposes: Provided, That 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 shall be deemed thereby to have given his or her consent to the use of his or her name in said campaign.

WISCONSIN – W.S.A. 440.455
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 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.

WYOMING
No disclosure requirements for professional fundraiser