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10. Disclosure Requirements Protect Donors
The Colorado Charitable Solicitations Act requires that certain disclosures be made in the course of written and verbal solicitations. Consumers should expect and are entitled to insist upon this information.
Paid solicitors are required to make the following disclosures without any prompting from the consumer:
- A statement that the person soliciting the charitable contribution by telephone is paid to make the solicitation.
- The name of the telemarketing company that employs the paid solicitor.
- The first name and surname of the paid solicitor.
- The name and telephone number of the charitable organization on whose behalf the paid solicitor is making the contribution.
- A statement that the charitable contribution is not tax-deductible, if that is the case. (This provision also applies to volunteers as defined in 6-16-103(12), C.R.S.)
Other state and federal laws provide additional protection against unwanted telephone calls. While it is true that the Colorado No Call Law contains an exception that allows telephone solicitations by charitable organizations, the charity must be registered with the Secretary of State for that exception to apply. In addition, federal regulations require for-profit telemarketers calling on behalf of charitable organizations to remove those residents who request it from future solicitations on behalf of that charity.
Bearing in mind that most charitable organizations have honest intentions, engage in perfectly legal professional fundraising campaigns that conform with industry standards, and provide vital, effective services to our communities, residents in doubt about a particular solicitor’s representation (pitch), or who have concerns about the activities of a charitable organization, paid solicitor, or professional fundraising consultant can lodge a complaint (PDF) with the Secretary of State. Depending on the nature of the complaint, the Secretary of State may contact the charitable organization or professional fundraiser directly in order to achieve compliance with legal filing requirements, or our office may refer the matter to the Colorado Attorney General or the appropriate District Attorney.