§ 131F-20. Prohibited acts.
Article4.
Prohibited Acts andEnforcement.
§ 131F‑20. Prohibitedacts.
It is unlawful for any personto:
(1) Violate or fail tocomply with the requirements of this Chapter.
(2) Act as a fund‑raisingconsultant or solicitor after the expiration, suspension, or revocation of thatperson's license.
(3) Enter into anycontract or agreement with or employ a fund‑raising consultant orsolicitor unless that fund‑raising consultant or solicitor is licensed bythe Department.
(4) Knowingly file falseor misleading information in any document required to be filed with theDepartment or in response to any request or investigation by the Department orthe Attorney General.
(5) Makemisrepresentations or misleading statements to the effect that any other personsponsors or endorses the solicitation, approves of its purpose, or is connectedtherewith, when that person has not given written consent to the use of thatperson's name.
(6) Represent that acontribution is for or on behalf of a charitable organization or sponsor, or touse any emblem, device, or printed matter belonging to or associated with acharitable organization or sponsor, without first being authorized in writingto do so by the charitable organization or sponsor.
(7) Use a name, symbol,emblem, device, service mark, or statement so closely related or similar tothat used by another charitable organization or sponsor that the use wouldmislead the public.
(8) Falsely state thatthe person is a member of or a representative of a charitable organization orsponsor or falsely state or represent that the person is a member of orrepresents law enforcement officers or emergency service employees.
(9) Misrepresent ormislead anyone by any manner, means, practice, or device to believe that theperson on whose behalf the solicitation or sale is being conducted is acharitable organization or sponsor, or that any of the proceeds of thesolicitation or sale will be used for charitable or sponsor purposes.
(10) Represent that acharitable organization or sponsor will receive a fixed or estimated percentageof the gross revenue from a solicitation campaign greater than that identifiedin filings with the Department under this Chapter, or that a charitableorganization or sponsor will receive an actual or estimated dollar amount orpercentage per unit of goods or services purchased or used in the charitable orsponsor sales promotion that is greater than that agreed to by the coventurerand the charitable organization or sponsor.
(11) Use or exploit thefact of registration or the filing of any report with any governmental agencyto lead any person to believe that the registration in any manner constitutesan endorsement or approval by the State. However, use of the statement requiredin G.S. 131F‑9(c) or G.S. 131F‑17(a)(3) is not a prohibited use orexploitation.
(12) Makemisrepresentations or misleading statements to the effect that the donation ofa contribution or the display of any sticker, emblem, or insignia offered tocontributors shall entitle a person to any special treatment by emergencyservice employees or law enforcement officers in the performance of theirofficial duties.
(13) Solicit contributionsfrom another person while wearing the uniform of an emergency service employeeor law enforcement officer, or while on duty as an emergency service employeeor law enforcement officer, except where the solicitation is for a charitableorganization or sponsor or except when soliciting contributions to benefit anemergency service employee or law enforcement officer who has been injured inthe line of duty or to benefit the family or dependents of an emergency serviceemployee or law enforcement officer who has been killed in the line of duty.
(14) Solicit contributionson behalf of another person using any statement that the failure to make acontribution shall result in a reduced level of law enforcement services beingprovided to the public or the person solicited.
(15) Employ in anysolicitation any device or scheme to defraud or to obtain a contribution bymeans of any deception, false pretense, misrepresentation, or false promise.
(16) Notify any otherperson by any means, as part of an advertising scheme or plan, that the otherperson has won a prize, received an award, or has been selected or is eligibleto receive anything of value if the other person is required to purchase goodsor services, pay any money to participate in, or submit to a promotion effort.
(17) Fail to providecomplete and timely payment to a charitable organization or sponsor of theproceeds from a solicitation campaign or a charitable or sponsor salespromotion.
(18) Fail to applycontributions in a manner substantially consistent with the solicitation.
(19) Fail to identify theprofessional relationship to the person for whom the solicitation is beingmade.
(20) To send to any persona writing which simulates or resembles an invoice unless the intended recipienthas contracted for goods, property, or services from the charitableorganization or solicitor who sends the writing. (1981, c. 886, s. 1; 1993(Reg. Sess., 1994), c. 759, s. 2.)