1. (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.
2. (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.
3. (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.

4. (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. (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. (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. (3) A charitable fundraising platform that engages in solicitation type E shall:

      1. (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.
      2. (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).

5. (e) A charitable fundraising platform or platform charity that engages in solicitation type C or D, shall disclose the length of time it takes to send donated funds to a recipient charitable organization, subject to any minimum threshold amount as permitted by Government Code section 12599.10, subdivision (a)(4)(A)(ii), as follows:

   1. (1) A charitable fundraising platform or platform charity that engages in solicitation type C shall provide the disclosure in compliance with Government Code section 12599.9, subdivision (e)(3).
   2. (2) A charitable fundraising platform or platform charity that engages in solicitation type D shall conspicuously disclose in a solicitation the maximum length of time it takes to send donated funds to a recipient charitable organization with an explanation as to the length of time, including the minimum threshold amount to be met before donated funds are sent, if any. The explanation may be provided through a conspicuous hyperlink.
6. (f) The information on fees or other amounts to be disclosed by Government Code section 12599.9, subdivision (e)(4), may be provided through a conspicuous hyperlink.

Note: Authority cited: Sections 12587 and 12599.10, Government Code. Reference: Sections 12599.6 and 12599.9, Government Code.

History

1. New section filed 3-26-2024; operative 3-26-2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 13).