California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 4 - Regulations Adopted Pursuant to the Supervision of Trustees and Fundraisers for Charitable Purposes Act › Article 1 - Registration, Reporting, and General Supervision of Trustees and Fundraisers › Section 317 - Solicitation Information for Charitable Fundraising Platforms and Platform Charities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  charitable fundraising platform or platform charity that engages in solicitation
				  type A or B shall allow donors or persons engaging in peer-to-peer charitable
				  fundraising an option to provide their name and contact information to a recipient
				  charitable organization. This is not required when a recipient charitable
				  organization has not provided prior written consent for using its name or
				  information in a solicitation, or for peer-to-peer charitable fundraising when
				  donated funds are sent to persons engaging in peer-to-peer charitable
				  fundraising.
(b) A charitable
				  fundraising platform or platform charity that engages in solicitation type A or B
				  and allows donors or persons engaging in peer-to-peer charitable fundraising to
				  restrict or designate a preference as to how donations or recommended donations may
				  be used by a recipient charitable organization, shall, before donors can complete a
				  donation, conspicuously disclose that the donated funds may be used by a recipient
				  charitable organization on an unrestricted basis, regardless of designations or
				  restrictions made by donors or persons engaging in peer-to-peer charitable
				  fundraising. Such disclosure is not required when a recipient charitable
				  organization has provided prior written consent to use its name in a solicitation,
				  and has either previously approved the solicitation that contains the designations
				  or restrictions, or previously agreed with a charitable fundraising platform or
				  platform charity to comply with designations or restrictions made by donors or
				  persons engaging in peer-to-peer charitable fundraising.
(c) A charitable fundraising platform or platform
				  charity that engages in solicitation type B and allows donated funds to be sent to
				  persons engaging in peer-to-peer charitable fundraising, shall, before persons can
				  create such a solicitation campaign, conspicuously disclose the requirements of
				  section 323 of these regulations. The
				  disclosure may be provided through a conspicuous hyperlink. The disclosure is not
				  required when persons engaging in peer-to-peer charitable fundraising create a
				  solicitation campaign and donations or recommended donations are made to a platform
				  charity or recipient charitable organization.
(d) Unless the charitable fundraising platform or
				  platform charity has no policy or standard under which a charitable organization's
				  receipt of the funds is precluded, a charitable fundraising platform or platform
				  charity shall disclose the most pertinent reasons under which a charitable
				  organization may be deemed ineligible to be sent donated funds as follows:
(1) A charitable fundraising platform or platform
				  charity that engages in solicitation type A, B, or C shall provide the disclosure in
				  compliance with Government Code section
				  12599.9,
				  subdivision (e)(2).
(2) A charitable
				  fundraising platform or platform charity that engages in solicitation type D or
				  performs, permits, or otherwise enables acts of solicitations described by
				  Government Code section
				  12599.9,
				  subdivision (a)(1), that are not solicitation types A to E, shall conspicuously
				  disclose that the charitable organization referenced in a solicitation may be deemed
				  ineligible to be sent donated funds with an explanation identifying the most
				  pertinent reasons. The explanation may be provided through a conspicuous
				  hyperlink.
(3) A charitable fundraising
				  platform that engages in solicitation type E shall:
(A) When donations are solicited by and made to a
				  charitable organization, including when a charitable organization manages
				  peer-to-peer charitable fundraising campaigns enabled by the charitable fundraising
				  platform, conspicuously disclose to the charitable organization that the charitable
				  organization may be deemed ineligible to be sent donated funds with an explanation
				  identifying the most pertinent reasons. The charitable fundraising platform shall
				  also request the charitable organization to provide this conspicuous disclosure to
				  platform users when donations are solicited by the charitable organization through
				  the charitable fundraising platform.
(B)
				  When donations or recommended donations are made to a charitable fundraising
				  platform or platform charity, and the charitable fundraising platform also engages
				  in solicitation type A or B, comply with Government Code section
				  12599.9,
				  subdivision (e)(2).