79-11-523 - Use of names, symbol or statement during solicitations for contributions; disclosure requirements for professional fund raisers.
§ 79-11-523. Use of names, symbol or statement during solicitations for contributions; disclosure requirements for professional fund raisers.
(1) (a) Prior to orally requesting a contribution or contemporaneously with written requests for a contribution, a professional fund-raiser and professional solicitor shall be responsible for clearly and conspicuously disclosing:
(i) 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;
(ii) If the professional solicitor acting on behalf of the professional fund-raiser identifies himself by name, the professional solicitor's legal name; and
(iii) 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.
(b) All responses given by a professional fund-raiser and professional solicitor to an oral or written request for information shall be truthful.
(c) 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 shall include a clear and conspicuous disclosure of the information required under paragraph (1)(a) of this section.
(2) 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.
(3) In addition to the information required by subsection (1), any written confirmation, receipt and reminder of a contribution made pursuant to an oral solicitation and any written solicitation shall conspicuously state verbatim:
The official registration and financial information of (insert the legal name of the charity as registered with the Secretary of State) 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.
(4) 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.
(5) 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.
The disclosure as required in this provision shall not apply to persons requesting any contributions for the relief or benefit of any individual, specified by name at the time of the solicitation, if all of the contributions collected are turned over to the named beneficiary, and provided all fund-raising functions are carried on by persons who are unpaid, directly or indirectly, for such services.
Sources: Laws, 1991, ch. 515, § 12; reenacted, 1992, ch. 446, § 12; Laws, 1997, ch. 444, § 14, eff from and after July 1, 1997.