(a) A charitable fundraising platform or platform charity that engages in solicitation type A or B or any similar activity shall provide the following information regarding donations, or grants of recommended donations, sent to a recipient charitable organization. This information can be provided with the donated funds, or through a secure platform that authenticates the recipient charitable organization, as long as the recipient charitable organization is made aware of the platform and not financially charged for platform access:
- (1) The legal name of the charitable fundraising platform through which a donation or recommended donation was made.
- (2) The total number of donations or recommended donations made.
- (3) The time period during which donations or recommended donations were made.
- (4) When requested by a recipient charitable organization, the date each donation or recommended donation was made, and the date each donation or grant of a recommended donation was sent.
- (5) The total dollar amount of all donations or recommended donations made before fees were imposed, the total amount of all fees imposed, the total amount of all donations or recommended donations after fees were imposed, and the total amount of all donated funds sent. When requested by a recipient charitable organization, the amount of each donation or recommended donation before fees were imposed, the amount of the fees imposed for each donation or recommended donation, the amount of each donation or recommended donation after fees were imposed, and the amount of each of the donated funds sent.
- (6) The name and contact information of a donor who chose to share their information, unless a recipient charitable organization has not given prior written consent for using its name or information in a solicitation. For purposes of subdivision (a)(6) and (a)(7), “contact information” means, at a minimum, the person's name and email address. If the email address is unknown and a telephone number is known, provide the telephone number. Also provide the total amount donated for each donor who chose to share their information. When requested by a recipient charitable organization, the amount of each donation or recommended donation for each donor who chose to share their information.
- (7) The name and contact information of persons engaging in peer-to-peer charitable fundraising who chose to share their information, when applicable, unless a recipient charitable organization has not given prior written consent for using its name or information in a solicitation.
- (8) When donors or persons engaging in peer-to-peer charitable fundraising restrict or designate a preference as to how donations or recommended donations may be used by a recipient charitable organization, information on how the funds may be used.
(b) A charitable fundraising platform or platform charity that engages in solicitation type C or D or any similar activity shall provide the following information regarding donations, or grants of recommended donations, sent to a recipient charitable organization. This information can be provided with the donated funds, or through a secure platform that authenticates the recipient charitable organization, as long as the recipient charitable organization is made aware of the platform and not financially charged for platform access:
- (1) A description of the purchasing or other activity performed by platform users who caused a donation or grant of a recommended donation to be sent to the recipient charitable organization, along with the time period during which the purchasing or other activity was performed.
- (2) The amount of each donation or grant of a recommended donation, with an accounting of how it was calculated, including the number of purchases made or other activities performed, the donation amount per purchase or other activity, and any fees that were imposed.
(c) A charitable fundraising platform that engages in solicitation type E shall provide the following information regarding donations sent to a charitable organization:
- (1) 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, provide the date each donation was made by the donor, the date each donation was sent, the amount of each donation before fees were imposed, the amount of the fees imposed for each donation, the amount of each donation after fees were imposed, and the amount of each donation sent. This information can be provided with the donations, or through the charitable fundraising platform.
- (2) 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, provide the information required by subdivision (a) of this section.
Note: Authority cited: Sections 12587 and 12599.10, Government Code. Reference: Sections 12599.9 and 12599.10, Government Code.
History
1. New section filed 3-26-2024; operative 1-1-2025 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 13).