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Pennsylvania Statutes Title 10 P.S. Charities and Welfare § 162.15. Prohibited acts

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(a) General rule.--Regardless of a person's intent or the lack of injury, the following acts and practices are prohibited in the planning, conduct or execution of any solicitation or charitable sales promotion:

(1) Operating in violation of, or failing to comply with, any of the requirements of this act, regulations of the department or an order of the secretary, or soliciting contributions after registration with the department has expired or has been suspended or revoked or soliciting contributions prior to the solicitation notice and contract having been approved by the department.

(2) Utilizing any unfair or deceptive acts or practices or engaging in any fraudulent conduct which creates a likelihood of confusion or of misunderstanding.

(3) 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.

(4) 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.

(5) Misrepresenting or misleading anyone in any manner to believe that the person on whose behalf a solicitation or charitable sales promotion is being conducted is a charitable organization or that the proceeds of such solicitation or charitable sales promotion will be used for charitable purposes when such is not the fact.

(6) 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.

(7) 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.

(8) 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.  The use of the following statement shall not be deemed a prohibited exploitation:

The official registration and financial information of (insert the legal name of the charity as registered with the department) may be obtained from the Pennsylvania Department of State by calling toll free, within Pennsylvania, 1 (800) 000-0000.  Registration does not imply endorsement.

(9) 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.

(10) With respect to solicitations by professional solicitors on behalf of law enforcement personnel, firefighters or other persons who protect the public safety, issuing, offering, giving, delivering or distributing any honorary membership cards, courtesy cards or similar cards, or any stickers, emblems, plates or other such items which could be used for display on a motor vehicle.

(11)(i) 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.

(ii) Where a sale of advertising has been made, the solicitor, prior to accepting any money for the sale, shall present the purchaser with the same disclosures, in written form and in conspicuous type.

(12) 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.

(13) Representing that tickets to events will be donated for use by another, unless all of the following requirements have been met:

(i) The charitable organization or professional solicitor shall have commitments, in writing, from charitable organizations stating that they will accept donated tickets and specifying the number of tickets they are willing to accept.

(ii) The charitable organization or professional solicitor shall not solicit or accept more contributions of donated tickets than the lesser of:

(A) the number of ticket commitments it has received from charitable associations;  or

(B) the total attendance capacity of the site of the event.

(iii) A ticket commitment alone, as described in this subsection, shall not constitute written consent to use the organization's name in the solicitation campaign.

(b) Criteria to determine unfairness.--In determining whether or not a practice is unfair, deceptive, fraudulent or misleading under this section, definitions, standards or interpretations relating thereto under the act of December 17, 1968 (P.L. 1224, No. 387), known as the Unfair Trade Practices and Consumer Protection Law, shall apply.

Cite this article: - Pennsylvania Statutes Title 10 P.S. Charities and Welfare § 162.15. Prohibited acts - last updated January 01, 2019 |

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