Actions that do not constitute a violation or charitable fraud:
- Alleged violations of bylaws including issues involving:
- Membership
- Leadership
- Operations
- Personnel issues
- Operational issues outside of the bylaws
- Insurance issues
- Alleged violations based solely on speculation, assumptions or opinions that lack supporting evidence
Instances of violation or charitable fraud include:
- Soliciting Before Registering: Soliciting contributions without first registering with the Colorado Secretary of State’s office.
- Unauthorized Use of Names or Symbols: Using the name or symbol of another person or organization without written authorization to solicit contributions.
- Misleading Similarities: Using a name, symbol, or statement similar to that of another organization to mislead donors.
- False Identities: Assuming a false or fictitious identity to solicit contributions.
- Failure to Maintain Records: Not creating or maintaining required records or failing to provide them upon request.
- Material Misrepresentation: Making false statements in required notices, reports, or records.
- Fraudulent Schemes: Devising schemes to defraud donors through false pretenses or promises.
- False Tax Deduction Claims: Claiming contributions are tax-deductible when they are not.
- Misuse of Contributions: Using contributions for purposes other than those stated.
- Misleading Donation Allocation: Misrepresenting the portion of donations that go to the charitable organization.
- Geographic Misrepresentation: Misleading donors about the solicitor's actual location.
- False Affiliations: Claiming false sponsorships, approvals, or affiliations.
- Obligatory Contributions: Misleading donors into thinking they are obligated to contribute.
- Credit Rating Threats: Threatening that not contributing will affect the donor's credit rating.
- False Prior Contributions: Claiming the donor has previously agreed to or made contributions when they have not.
Filing a complaint
If you believe a violation has occurred, review and complete the charities program complaint form (PDF)
Submit the completed complaint form to public.charitable@coloradosos.gov
Colorado Secretary of State’s authority: Whenever the Secretary of State believes that a violation of the Colorado Charitable Solicitations Act has occurred, the Secretary of State may evaluate and investigate any such violation. See section 6-16-115.5, C.R.S. This process can take several weeks to months depending on the alleged violation.
Other resources for concerns or complaints:
- Stop Fraud Colorado | Office of the Attorney General
- Wage and Hour Laws (including Paid Sick Leave) | Department of Labor & Employment
- Contact the Colorado Department of Human Services | Colorado Department of Human Services
- Full list of Colorado District Attorneys
Statutory authority: The Colorado Charitable Solicitations Act, sections 6-16-101 to 6-16-114, C.R.S. (Article 6, Title 6, C.R.S.)