AdvertisingCharitable Solicitations
Section § 17510
This law highlights concerns about people being tricked or misled when donating to charities in California. It recognizes that some fundraising activities claim to be for charity but give little to no money to the actual cause. To protect the public from such deceptive practices, the law aims to ensure that people know how much of their donation is truly going to charity. By doing so, it seeks to encourage honest fundraising and stop misleading methods, ensuring donations are used as intended for charitable purposes.
Section § 17510.1
This law says that a "sale" doesn't just mean when you pay money for something. It also includes when someone gives something as a gift but hopes or expects to get money in return for it.
Section § 17510.2
This law explains what counts as asking for donations or selling things for charity. It includes any request, sale, or attempt to get money or property by mentioning charity or using a charity's name. This can include using the name of organizations like police or firefighters to encourage people to donate or buy something, unless it's clear that the money only benefits their active members directly. The law also covers any public announcement or publication made in connection with these activities. It applies to groups like nonprofits, community groups, and service organizations asking for donations or managing charitable assets.
Section § 17510.25
This law allows charities to collect donations from people driving by on public roads under specific conditions. Only public safety workers, like police or firefighters, can do the collecting, and they must work within their local area. The charity must apply to the local government at least 10 days before the event and provide details such as the date, time, location, and method of solicitation. They must also prove they have at least $1 million in liability insurance to cover any accidents that might happen during the collection. Local governments must approve these applications within five days but can set safety conditions. The law clarifies that having liability insurance is important to ensure public safety during these road collections, but it does not stop local governments from setting more rules if needed.
Section § 17510.3
Before asking for donations or selling things for charity, solicitors must show potential donors a 'Solicitation or Sale for Charitable Purposes Card' or similar printed information. This must include the charity's name and address, tax status, how the money will be used, and which part of donations may be tax-deductible. Special rules apply if the charity uses names implying a connection to law enforcement, firefighters, or veterans. Volunteers, especially minors, have fewer disclosure requirements. Failing to follow these rules can lead to penalties, but minor infractions don’t invalidate the entire law.
Section § 17510.4
This section states that if someone tries to solicit donations or make a sales offer using methods like radio, TV, letters, phone, or the Internet, they must disclose certain information as specified by another section (Section 17510.3). However, this rule doesn't apply to short radio or TV solicitations lasting 60 seconds or less. If a donation is made or a sale occurs, the relevant information card must be sent to the donor or buyer with their purchase.
Section § 17510.5
This law section requires that organizations that raise money must keep their financial records according to specific accounting standards set by professional accounting boards. Additionally, when these organizations disclose financial information, they need to use the same accounting principles they used for their financial records.
Section § 17510.6
This law states that certain rules don't apply when a charity is asking for donations or selling something if it's done among its own members or on its usual property. It also doesn't apply to money raised through bingo games as allowed by another law.
Section § 17510.7
This law says that if a city or county has rules about sharing information for charitable solicitations that are similar or better than the state's, following those local rules is enough. It also clarifies that the state rules don’t override the local ones.
Section § 17510.8
This law says that when a charity or someone asking for donations on its behalf collects money, they have a trust-like relationship with the donor. This means they must use the donations as promised for specific charitable goals. This rule is in line with existing trust laws.
Section § 17510.85
If someone is being paid to ask for donations or sell something for a charity in California, they must tell you before you donate or buy: (1) that they are a commercial fundraiser specifically for charity, and (2) their registered name with the Attorney General. If it's written or electronic, this info must be easy to read and in at least 12-point font.
Section § 17510.87
If someone is paid to raise funds for a charity in California, they cannot keep more than 50% of the money collected as their fee. The rule does not apply to flat fees agreed upon before starting a fundraising campaign. Breaking this rule isn’t a crime, but civil penalties can apply. If someone takes more than allowed, they might have to pay back the extra to those who enforce consumer protection laws. This only affects contracts made or renewed after January 1, 1995.
Section § 17510.9
This law requires certain charities in California to prepare a brief report if they get over $1 million in donations and spend more than 25% of their income on non-program expenses like salaries and fundraising. The report, which must be given to the Attorney General, includes details on the charity's revenue and where the money goes, such as staff salaries and fundraising expenses. Requests for this document can be made by anyone and the Attorney General will keep these records publicly accessible at specific locations.
Section § 17510.95
This law requires the Attorney General to create a yearly report that includes details from the Registry of Charities and Fundraisers. This report is shared for free with public main libraries in California and can also be requested by anyone who pays a small fee to cover the publication and mailing costs.