§ 131F-17. Disclosure requirements of solicitors.
§131F‑17. Disclosure requirements of solicitors.
(a) GeneralDisclosures. A solicitor shall comply with the following disclosures:
(1) Prior to orallyrequesting a contribution or along with a written request for a contribution, asolicitor shall clearly disclose:
a. The name of thesolicitor as on file with the Department.
b. If the individualacting on behalf of the solicitor identifies himself by name, the individual'slegal name.
c. That the caller is apaid solicitor.
(2) In the case of asolicitation campaign conducted orally, whether by telephone or otherwise, anywritten confirmation, receipt, or reminder sent to any person who hascontributed or has pledged to contribute, shall include a clear disclosure ofthe information required under subdivision (1) of this subsection.
(3) In addition to theinformation required by subdivision (1) of this subsection, any writtenconfirmation, receipt, or reminder of contribution made pursuant to an oralsolicitation and any written solicitation shall conspicuously state in type ofa minimum of nine points:
"Financialinformation about the solicitor and a copy of its license are available fromthe State Solicitation Licensing Branch at [telephone number]. The license isnot an endorsement by the State."
Thestatement shall be made conspicuous by use of one or more of the following:underlining, a border, or bold type. When the solicitation materials consist ofmore than one piece, the statement shall be displayed prominently in thesolicitation materials, but not necessarily on every page.
(4) If requested by theperson being solicited, the solicitor shall inform that person, in writing,within 14 days of the request, of the fixed percentage of the gross revenue orthe reasonable estimate of the percentage of the gross revenue that thecharitable organization or sponsor will receive as a benefit from thesolicitation campaign.
(5) If requested by theperson being solicited, the solicitor shall inform that person, in writing,within 14 days of the request, of the percentage of the contribution which maybe deducted as a charitable contribution under federal income tax laws.
(b) Tickets. Asolicitor shall not represent that tickets to any event will be donated for useby another person, unless:
(1) The solicitor hasthe written commitments from persons stating that they will accept donatedtickets and specifying the number of tickets they are willing to accept.
(2) The writtencommitments are filed with the Department prior to any solicitation.
The contributions solicited fordonated tickets shall not be more than the amount representing the number ofticket commitments received from persons and filed with the Department. Atleast seven days before the date of the event, the solicitor shall give alldonated tickets to each person that made the written commitment to accept them.(1993 (Reg. Sess., 1994), c. 759, s. 2; 1995 (Reg. Sess., 1996), c.748, s. 1.2.)